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!
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:
To fill out these forms you must be familiar with the following terms:
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:
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:
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 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.
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
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
not already filed with the court or served on all the parties so that a copy can be given to all
and the court if you want the court to consider your supporting documents.