You can use this packet of forms only if:
(1) There is already a court order setting or reserving child support;
(2) You are asking the court to change child support.
You cannot use these forms to ask the court to change visitation (parenting time) or custody!
When filling out the forms be as accurate and as detailed as possible. This will help the court to understand your circumstances. A hearing will be held before a district court judge or referee. A court order for child support may be changed when there is:
To fill out these forms you must be familiar with the following terms:
Step 1: Fill out the Form Entitled "Motion, Brief, and Notice of Motion for Review and Amendment of Child Support."
Step 1a: The information to fill in the blanks at the top of the form (Form 1) can be found at the top of your current child support order or your divorce or paternity decree, including:
If you are the Plaintiff in the current order, judgment or decree you will be the Plaintiff in this motion. If you are the Defendant in the current order or decree you will be the Defendant in this motion.
Step 1b: Fill in the name and last known address of the other party. DO NOT fill in the date, time, and location of the hearing. You will fill in this information as part of Step 5 below.
Step 1c: In the area marked "Motion," put the date of the last order of the court. You can usually find this on the back page of the last court order. Next, check only the boxes that identify the reasons you are asking the court to consider -- you do not need to check off every box. If you have a reason that is not listed in the Motion, check the box marked "Other." You may attach additional sheets if necessary.
You may check off as many reasons as you wish, but it will be up to the court to decide what reasons will actually be considered.
If you are the obligor and are seeking a change in the child support based upon your income proceed to Step 2.
If you are an obligee and are seeking a change in the child support based upon the income of the obligor proceed to Step 4.
Step 2: Financial Information
Step 2a: Fill in the answers to questions 1 through 8 on the "Financial Affidavit" (Form 2). If a question does not apply to you, then answer "does not apply."
Step 2b: In answering numbers 2, 3, 4, 5 and 6, gather documents that support your reasons why the support order should be changed. Examples of these documents include the following:
Step 2c: Answer question 7 with any other information that you feel would help the court in understanding your situation. You may attach additional pages if necessary.
Step 2d: Certain information is considered confidential and not available to the public. Examples of documents that have confidential information include:
To protect your privacy, the other parties, and your child(ren), all social security numbers, employer identification numbers, and financial account numbers listed on papers you file with the court must be blackened out (crossed out) completely. Failure to do this means these numbers could be available to the general public.
Do not date and sign your "Financial Affidavit" until you are in the presence of a Notary Public or the Clerk of Court. Make sure to bring identification to show to the Notary Public or Clerk of Court. A Notary Public can usually be found at a bank and sometimes at the courthouse.
WARNING: By signing your name you are telling the Court that you are telling the truth and that you are making your request in good faith. If you are not telling the truth or if you are misleading the Court or if you are serving or filing this document for an improper purpose, the Court could find you in contempt or you may be prosecuted for perjury.
Step 3: Proceed to the Child Support Guidelines Calculator at http://www.nd.gov/dhs/services/childsupport/docs/guidelines-calculator.pdf
To use the calculator, you must have access to a computer that has Excel 2007 or a later version of Excel.
Step 3a: Read and follow the instructions on the Child Support Guidelines Calculator (The Calculator) carefully. When you are ready to begin, click "Start Calculation".
Proceed through the screens following the instructions of the calculator as they apply to your situation. When you have finished, print a copy the worksheet and any schedules and them attach it to the document entitled Motion, Brief and Notice of Motion for Review and Amendment of Child Support.
Return to the Motion (Form 1) and continue filling out forms
Step 4: Finish Filling Out the Motion
Step 4a: Check one of the three boxes provided which describe your situation.
If you check the first box that you are the obligor and are not self-employed, also insert the correct amount of child support from the calculator.
Check the second box if you are a self employed obligor and also insert the correct amount of child support from the calculator.
Check the third box if you are the obligee and will be sending the Financial Affidavit to the obligor to be filled out and returned.
Step 4b: Date and sign the Motion, Brief and Notice of Motion for Review and Amendment of Child Support.
Warning: By signing your name you are telling the court that you are telling the truth and that you are making the request in good faith. If you are not telling the truth or if you are misleading the court or if you are serving or filing this document for an improper purpose, the court could find you in contempt or you may be prosecuted for perjury.
Step 5: Get a Hearing Date, Time, and Location
Step 5a: Contact the Clerk of Court's Office in the county where your case is located. Tell the Clerk of Court that you will be filing a Motion for Review and Amendment of Child Support in district court and need a date, time, room number, address for a hearing, and the name of the judge or referee who will hear the matter. The hearing date must be at least 18 days away from the date the documents are mailed to the other party. Count the day after it is mailed as Day 1.
Step 5b: Using the information you received from the Clerk of Court, fill in the date, time, and location of the hearing on the form at page 1.
Step 6: Make Copies of Forms
Step 6a: After the forms are completely filled out, make two copies of the forms and two copies of all documents that support your motion (for example, paycheck stubs, tax returns, proof of expenses).
Step 6b: 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 6c: Get one copy of the form titled Reply to Motion for Review to Amendment of Child Support from the Clerk of Court or the North Dakota Supreme Court website at www.ndcourts.gov.
Step 7: Have Copies of the Forms and Supporting Documents Served on the Other Party
You must arrange for the other party to receive complete copies of all forms and supporting documents you have prepared for the hearing along with the Reply to Motion for Review and Amendment of Child Support. This is called "service of process." A copy of the forms and any supporting documents may be served upon all parties by mail. If a party is represented by an attorney, the forms and supporting documents must be served on the attorney instead of the party.
The envelopes containing the forms and supporting documents must be mailed to the other party (or his/her attorney if there is one) at least 21 days before the hearing date. If your forms and supporting documents are not served upon the other party 21 days before the hearing date, your motion may not be heard by the court.
Step 8: Complete the "Affidavit of Service by Mail" Form
When you mail the forms and supporting documents, you must fill out an "Affidavit of Service by Mail" form (Form 3) for each party served.
Note: The person who mails the forms and supporting documents must sign the "Affidavit of Service by Mail" in front of a Notary Public or Court Clerk. Make sure the person brings picture identification to show the Notary Public or Clerk.
Step 9: File the Forms with the Clerk of Court
The following original forms must be filed with the clerk of court in the county where your case is located at least 18 days before the scheduled hearing.
You must be prepared to pay a filing fee at the time you file this motion.
If you cannot afford to pay the fee, you may qualify to have it waived by the court. You need to fill out a Petition for Waiver of Fees (available from the Clerk of Court or the North Dakota Supreme Court website at www.ndcourts.gov ) and file it with the Clerk of Court. Your application will be reviewed by a judge who will decide whether you must pay the fee. If the judge does not sign an order that waives the fee, you must be prepared to pay the fee or the clerk cannot accept your forms.
Step 10: When you receive the "Financial Affidavit" from the Obligor
If you checked the second box indicating that you have served the "Financial Affidavit" (Form 2) on the other party and have received it, follow the instructions in Step 3. Once you have completed the calculation according to Step 3 hand deliver or mail the calculation to the Clerk of Court.
Step 11: 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 forms and all of your supporting documents. You must bring enough copies of any
papers not already filed with the court or served on the other party so that a copy can be given to
other party and the court if you want the court to consider your supporting documents.