Instructions for notice of motion and motion to



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INSTRUCTIONS FOR NOTICE OF MOTION AND MOTION TO

STOP COST OF LIVING ADJUSTMENT

People who pay child support and/or spousal maintenance obligations may ask the court to stop the cost-of-living adjustment to a child support and/or spousal maintenance order. The Notice of Motion and Motion to Stop Cost of Living Adjustment must be filed before the effective date of the adjustment. The effective date should be stated in your court order. If you receive the notice of the cost-of-living adjustment from the child support enforcement agency, the cost-of-living adjustment is effective on May 1st.




STEP 1

FILL OUT THE “NOTICE OF MOTION AND MOTION TO STOP

COST OF LIVING ADJUSTMENT” FORM

The information to fill in the boxes and blanks at the top of the form can be found at the top of your current child support order, or your divorce or paternity decree, including:



  • The county where your case is located (which may be different from the county where you live).

  • The number of the judicial district.

  • The court file number.

  • The name of the Petitioner.

  • The name of the Respondent.

If you are the Petitioner in the current order or decree you will be the Petitioner in this motion. If you are the Respondent in the current order or decree you will be the Respondent in this motion.
Fill in the name and last known address of the other party and the county attorney’s office. DO NOT fill in the date, time, and location of the hearing. You will fill in this information as part of Step 4 below.


STEP 2

FILL OUT THE “AFFIDAVIT IN SUPPORT OF MOTION TO STOP

COST OF LIVING ADJUSTMENT” FORM

Fill in the top of the form the same way you did on your “Notice of Motion and Motion to Stop Cost of Living Adjustment” form.


By signing the Affidavit under penalty of perjury, you are stating that the information in the Affidavit is true to the best of your knowledge. Perjury is the crime of intentionally lying or misrepresenting the truth, punishable by jail or other sanctions.
Helpful materials may be found at your public county law library. For a directory, see http://mn.gov/law-library/research-links/county-law-libraries.jsp . For more information, contact your court administrator or call the Minnesota State Law Library at 651-296-2775.


STEP 3

FILL OUT THE “CONFIDENTIAL FINANCIAL SOURCE DOCUMENTS” FORM 11.2.

FILL OUT CONFIDENTIAL INFORMATION FORM 11.1 WHEN NECESSARY.


NOTE! Certain information is considered confidential and not available to the public. To keep this information private and not available to the public, you must attach Form 11.2 to certain documents that contain confidential information.
See Rule 11 of the Minnesota General Rules of Practice for more information. One Form 11.2 can be used for all documents containing confidential information. Examples of documents that have confidential information include:

  • Bank statements

  • Credit card statements

  • Check registers


To protect your privacy, the other parties, and your child(ren), all social security numbers, employer identification numbers, and financial account numbers must not be listed on papers you file with the court. You must use Form 11.1 when providing these confidential numbers to the court. Form 11.1 can be found at www.mncourts.gov/forms under the court forms category of “Confidential Information” and is court form number CON111. Failure to use Form 11.1 means these numbers could be available to the general public and you could be charged court costs and other charges for the failure to keep your and the other party’s social security number, employer identification number, and/or financial account numbers private. If these numbers are already on file with the court, you do not need to submit another Form 11.1.


STEP 4

OBTAIN A HEARING DATE, TIME, AND LOCATION

FROM COURT ADMINISTRATION




  • Contact the Court Administrator's Office in the county where your case is located.




  • Ask for a hearing date, time, location of the hearing, and the name of the judge or magistrate who will hear the matter. If child support payments are made to the child support enforcement agency, tell the clerk to schedule the hearing on the expedited child support process calendar. The hearing date must be at least 17 days away from the date the documents are mailed to the other party and the county attorney’s office. Count the day after it is mailed as Day 1. Remember, all documents must be served upon all parties and filed with the court before the cost of living adjustment effective date!




  • Completing these forms does not guarantee that the court will stay the cost of living adjustment. The other party and/or the child support enforcement agency have the right to ask the court to grant the cost of living adjustment. The child support magistrate or judge will make the final decision.




STEP 5

MAKE COPIES OF FORMS

After the forms are completely filled out, make three copies of the motion form and three copies of your affidavit and three copies of all documents that support your motion (for example, tax returns, tax schedules, employer statements, W-2 forms, and paycheck stubs). Do not make copies of Forms 11.1 or 11.2, unless you want copies for your own records.


Keep one copy of each form and one copy of all supporting documents for yourself (remember to bring your copies with you to court on the day of your hearing).


STEP 6

HAVE COPIES OF THE FORMS SERVED ON THE OTHER PARTY AND COUNTY ATTORNEY’S OFFICE, IF COUNTY AGENCY IS A PARTY


NOTE! YOU CANNOT HAND DELIVER OR MAIL THE DOCUMENTS YOURSELF. YOU MUST HAVE SOMEONE ELSE OVER THE AGE OF 18 WHO IS NOT A PARTY TO THE CASE HAND DELIVER OR MAIL THE DOCUMENTS FOR YOU.
If you received notice of the cost-of-living adjustment from the child support enforcement agency, your motion, supporting affidavit, and supporting documents must be served upon all parties before May 1st.
You must arrange for the other parties to receive complete copies of all forms and supporting documents you have prepared for the hearing. This is called “service of process.” If you received the notice of the cost-of-living adjustment from the child support enforcement agency, the county agency is a party and you must serve the county attorney’s office. A copy of the motion, affidavit, and any supporting documents must be served upon all parties, either personally or by mail. If the other party is represented by an attorney, the documents must be served on the attorney instead of the party.
Personal service: documents are hand delivered to the other party personally or leaving them at the other party’s place of residence with some person who is of suitable age or discretion who also lives at the same residence. Documents must be hand delivered at least 14 days before the hearing date, and no later than April 30th if the county agency is a party.
Mail service: documents are mailed by first class U.S. mail to the other party at least 17 days before the hearing date, and no later than April 30th if the county agency is a party.
If your documents are not timely served, your motion may not be heard by the court.


STEP 7

COMPLETE THE "AFFIDAVIT OF SERVICE” FORM

The person who hand delivers or mails the envelopes must fill out an “Affidavit of Service” form for each party served.


The server must sign the “Affidavit of Service” under penalty of perjury. Perjury is the crime of intentionally lying or misrepresenting the truth, punishable by jail or other sanctions.



STEP 8

FILE THE FORMS WITH COURT ADMINISTRATION AND

PAY ANY REQUIRED COURT FEE

The following documents must be filed with the court in the county where your case is located as soon as practical but no later than 5 days before the scheduled hearing and before May 1st if the motion is heard in the Expedited Process before a child support magistrate. For motions scheduled to be heard in district court, documents must be filed no later than 14 days before the scheduled hearing.



  • The “Notice of Motion and Motion to Stop Cost of Living Adjustment”

  • The “Affidavit in Support of Motion to Stop Cost of Living Adjustment”

  • The “Affidavit of Service”


NOTE: If you receive a “Notice of Cost of Living Adjustment (COLA)” from the child support enforcement agency, a copy of this Notice must be filed with the court along with the other documents listed above. This Notice includes information helpful to the Court for making its decision on your request to stay the adjustment.
Form 11.2

You must file copies of all supporting documents (such pay stubs, employer statements, tax returns, verification of medical/dental insurance costs or expenses, child care expenses, disability payments) and attach Form 11.2 to copies of all supporting documents. Be certain to blacken out all social security numbers that appear on any other document not under cover of Form 11.2. Check your documents to make sure all blanks are filled in, especially on the Affidavit of Service and the motion. All papers served must be identical copies of the forms and supporting documents filed with the court.


NOTE: If you fail to use the Form 11.2 cover sheet to protect confidential information in your supporting documents, the court may order you to pay additional court costs and other charges as a penalty for failing to follow the court rules.

Court Fees

You must be prepared to pay any court fee, if applicable, at the time of filing. If you did not pay an initial filing fee when this case first began, you will now need to pay the filing fee.


If you cannot afford to pay the fee, you may qualify to have the fee waived by the court. You will need to fill out an In Forma Pauperis application (available from court administration or the court website) and file it with court administration. Your application will be reviewed by a child support magistrate or judge who will decide whether you must pay the fee. If the magistrate or judge does not sign an order that waives the fee, you must be prepared to pay the fee.


STEP 9

APPEAR AT THE HEARING

Come to court on the date and time scheduled for the hearing. Be sure to bring with you your copy of the “Notice of Motion and Motion to Stop Cost of Living Adjustment,” “Affidavit in Support of Motion to Stop Cost of Living Adjustment,” the “Notice of Cost of Living Adjustment (COLA); and all of your supporting papers.



CSX1101 State ENG Rev 2/16 www.mncourts.gov/forms Page of


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