Child Support Forms for Self Represented Parties

Reply to Motion for Review
and Amendment of Child Support

You can use this packet of forms only if you have been served with a motion, brief, and notice of motion for review and amendment of child support. You cannot use this form to change visitation (parenting time) or custody!

  • Court personnel cannot help you fill out these forms.

  • You may need to speak with a lawyer if you don't know how to answer the questions on these forms.

  • You must fill out the forms included with this packet and you must follow the instructions included with this packet.

  • Type your answers or print neatly using dark ink.

    General Information

    When filling out the forms, be as accurate and as detailed as possible. This will help the court to understand your circumstances. The hearing will be held before a district court judge or referee. A court order for support may be changed when there is:

  • Substantial increase or decrease in income of the person paying child support;

  • Substantial increase or decrease in need of a party or the child or children involved in this court order;

  • A change in the availability or cost of medical insurance coverage or expenses of the child or children, yourself, or former spouse involved in this court order. involved in this court order;

  • The addition, elimination, or substantial increase or decrease of work-related or education-related child care expenses for the child or children involved in this court order.

  • Child or children attaining the age of 18; or graduating from high school.

    Important Terms

    To fill out these forms you must be familiar with the following terms:

  • Obligor - The person court ordered to pay child support.

  • Obligee - The person receiving court ordered child support.

    • Instructions

    Step 1: Fill out the "Reply to Motion for Review and Amendment of Child Support" form

    Step 1a: The information to fill in the boxes and 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:

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

  • The court civil file number.

  • The name of the Plaintiff.

  • The name of the Defendant.

    If you are the Plaintiff in the current order or decree you will be the Plaintiff in this Reply to motion. If you are the Defendant in the current order or decree you will be the Defendant in this reply to motion.

    Step 1b: Fill in the name and last known address of the other party.

    Step 1c: In the area marked "Reply to Motion", check off only the boxes that list the changes you are asking the court to make, if any. You do not need to check off every box. You may check off as many changes as you wish, but it will be up to the court to decide what changes will actually be ordered.

    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, if at all. Examples of these documents include the following:

  • Proof of your income (recent pay stubs or W-2 forms, copies of your tax returns for the most recent year, or business income and business expenses if you are self employed).

  • Proof of your expenses, if they are the reason you are asking for the child support order to be changed.

  • Proof of unemployment or disability (lay-off notice, doctor's statement, etc.).

  • Proof of status of unemployment compensation claim or worker's compensation claim.

  • Proof of receipt and amount of social security income.

  • Proof of child care expenses.

  • Proof of the cost of medical or dental insurance coverage, or both (pay stubs, health insurance statements).

    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:

  • Paycheck stubs or W-2 forms, or business income and business expenses copies of your tax returns and schedules

  • 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 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 the 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 have a good faith reason for your requests. 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: Make Copies of Forms

    Step 3a: After the forms are completely filled out, make three copies of the "Reply to Motion for Review and Amendment of Child Support" form (Form 1)and three copies of your "Financial Affidavit" form (Form 2) and three copies of all supporting documents (for example, paycheck stubs, tax returns, proof of expenses).

    Step 3b: Keep one copy of each form and one copy of all supporting documents for yourself (make sure to bring your copies with you to court on the day of your hearing).

    Step 4: 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. This is called "service of process." A copy of the Reply to Motion for Review and Amendment of Child Support, Financial Affidavit, and supporting documents must 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) within 17 days of service of the Notice of Motion and Motion for Review and Amendment of Child Support.

    Step 5: Complete the "Affidavit of Service by Mail" Form

    The person who hand delivers or mails the forms and supporting documents must fill out an "Affidavit of Service by Mail" form (Form 3) for each party served. You will need to make additional copies of the blank "Affidavit of Service by Mail" form.

    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 the Clerk of Court. Make sure the person brings picture identification to show the Notary Public or Clerk.

    Step 6: File the Forms and Supporting Documents with the Clerk of Court and Pay any Required Court Fee

    The following original documents must be filed with court administration in the county where your case is located as soon as practical but no later than 5 days before the scheduled hearing.

  • The original of the "Reply to Motion for Review and Amendment of Child Support" (Form 1)

  • The original of the "Financial Affidavit" (Form 2) (For Obligors Only)

  • The original of the "Affidavit of Service by Mail" (Form 3)

    If you cannot afford to pay the fee, you may qualify to have the filing fee and motion fee waived by the court. You will need to fill out a Petition for Waiver of Fees (available from the Clerk of Court or the North Dakota Supreme Court website 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 7: 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 "Reply to Motion for Review and Amendment of Child Support" and "Financial Affidavit" and all of your supporting documents. You must bring enough copies of any supporting documents not already filed with the court or served on all the parties so that a copy can be given to all parties and the court if you want the court to consider your supporting documents.