District Court Motion for Review
and Amendment of Child Support
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
You cannot use these forms to ask the court to change visitation (parenting time) or
Court personnel cannot help you fill out
You may need to speak with a lawyer if you do not know how to answer the
these forms, or use the Child Support Guidelines Calculator.
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.
When filling out the forms be as accurate and as detailed as possible. This will help the court
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:
Substantial increase or decrease in income of the person paying child support.
Substantial increase in the needs of the child or children involved in this court
A change in the availability or cost of medical insurance coverage or expenses of
or children, yourself, or former spouse involved in this court order.
The addition, elimination, or substantial increase / 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.
To fill out these forms you must be familiar with the following terms:
Obligor - The person ordered by the court to pay child support.
Obligee - The person receiving child support ordered by the court.
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:
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, 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
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
You may check off as many reasons as you wish, but it will be up to the
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:
Proof of your income (recent pay stubs or W-2 forms, copies of your tax return
for the most recent year, or business income and business expenses if you are self
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
Proof of receipt and amount of social security income, including dependent's
benefits for the children.
Proof of child care expenses.
Proof of the cost of medical insurance coverage (pay stubs, health insurance
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
Credit card statements
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
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
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
purpose, the court could find you in contempt or you may be
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
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
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.
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.
The original "Motion, Brief and Notice of Motion
for Review and Amendment of Child Support"
The original "Financial Affidavit" (Form 2) and
The original "Affidavit of Service by Mail"
You must be prepared to pay a filing fee at the time you file this
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
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
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
the calculation according to Step 3 hand deliver or mail the calculation to the Clerk of
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.
The information provided on and obtained from this site does not constitute the official
record of the Court. This information is provided as a service to the general public.
Any user of this information is hereby advised that it is being provided "as is".
The information provided may be subject to errors or omissions. Visitors to this site agree
that the Court is not liable for errors or omissions of any of the information provided.
If you have a question relating to a case that is already filed please contact the clerk of court for the