Fill and Sign the Fm 089 Motion to Enforce Instructions Rev 08 091 Form

MOTION TO ENFORCE: What to do with these Court Forms Here are a few tips for filling out the forms: • Always use full legal names, not nicknames. • Type or print neatly. If you have access to the Internet, you may be able to fill out the forms on-line at www.ptla.org/forms.htm • You will file each form with the Court. Before you do that, make at least two copies of your completed forms--one for yourself and one for the other party. You will need to find a place to make copies (like a library). The court clerk cannot make copies for you. • If any children involved in this case receive (or have received) AFDC, TANF or Medicaid, make an extra copy of your court papers and mail them to the Department of Health & Human Services. The address is on the complaint form. You should also do this if you have asked DHHS to collect child support for you. STEP ONE: Fill Out the Forms Motion to Enforce The section at the top of the form is called the "caption.” Look at the caption on your original Court Order and copy the court location, docket number and names of Plaintiff and Defendant. (This information stays the same. If you were the Defendant before, you are still the Defendant, even if you are the one filing the motion.) If you can’t find your original Order, you can buy a copy from the clerk. If you are trying to enforce the amount of child support only, check that box under the words "Motion to Enforce” And complete the remainder of the form. Child Support Affidavit, Form FM-050 is Required when child support is an issue. Fill out the "caption” the same way that you did on the Motion. Fill out the rest of the form to the best of your knowledge. Note that you list last year’s earned income and this year’s expected earned income separately under #1. Also note that you list other income separately, under #2 and in-kind income under #3. You may have to look at your records, if you have them, to get financial information. You must sign this form in front of a Notary Public. You can find a Notary at a bank, legal services office, through your own town office, or at the court clerk’s office. After the other party gets your Motion, the court will ask him/her to fill out the same financial form and send you a copy. STEP TWO: Serve the forms Now you must give copies to the other party. This is called "serving” the court papers. Court rules say you can do this in one of three ways. You can mail the copies, asking your spouse to agree to "service.” Or you can send the copies by certified mail. Or you can pay a sheriff to give the copies to the other party. Service by Regular Mail Mail or hand-deliver these papers to the other party: • Copy of Motion to Enforce • Copy of Child Support Affidavit (if applicable) • Two copies of Acknowledgment of Receipt (after you have filled in the caption on both copies) • Stamped, self-addressed envelope. The Acknowledgment of Receipt asks the other party to sign it, to show he/she got the papers, and to return the form to you within 20 days. FM-089, Rev. 08/09 If you get the signed Acknowledgment back within 20 days, go on to Step 3. If not, then you will need to serve the papers another way. Service by Certified Mail, Restricted Delivery Take these papers to the post office: • Copy of Motion to Enforce • Copy of Child Support Affidavit Tell the postal clerk that you want to send the papers by certified mail. Make sure you ask for a "Return Receipt” and "Restricted Delivery.” This costs more and involves a few extra steps. Get forms and help from your post office. File with the court clerk the green card you get back from the post office, to prove the papers were received. Service by Sheriff Mail or take to your county sheriff’s office: • The original and one copy of the Motion to Enforce • Copy of Child Support Affidavit In a letter, or in person, ask the sheriff’s office to serve the papers on the other party. Give the other party’s home address. If you think the other party will be hard to find at home, give the other party’s work address. The deputy who "serves” the papers will complete page 3 of the Motion and return the original to you. STEP THREE: File the Forms Fill out the Confidential Family Matter Summary Sheet, which has its own instructions. The clerk won’t accept your papers for filing without this form. Hand-deliver or mail to the court clerk these original forms: • Summary Sheet • Motion to Enforce (with deputy’s signature if you use sheriff’s service) • Acknowledgment of Receipt (if you used service by regular mail) • Green Card (if you used certified mail) • Child Support Affidavit, Form FM-050 (if child support is an issue) If this is a Motion to Enforce child support only, then there is no filing fee, otherwise, the Court charges a fee to file your papers. If you cannot afford the court fees, you can ask the clerk for an Application to Proceed Without Payment of Fees (CV-067) and an Indigency Affidavit (CR-032). Fill out these forms and sign them in front of a Notary Public. Then file the forms with the clerk. A judge will review your financial information and decide whether you qualify for a “fee waiver.” If the waiver is denied, you must pay the filing fee within 7 days. If the waiver is granted, you won’t have to pay some or all of the court fees. STEP FOUR: Review & hearing After review of your motion, a Judge will order what steps your case will take next. The clerk will then schedule your case. You will receive the Judge’s order and notice of your hearing / mediation by regular mail. If you are ordered to attend mediation, you will be required to pay all or a portion of the mediation fee. HELPFUL RESOURCES Video. The court has a video explaining the court process for modifying or enforcing a judgment. Mediation. A mediator may be able to help you and the other party reach an agreement on issues relating to your case. The court has a video explaining what mediation is. Mediation can be arranged through the court or a private mediator. Parent education. A parent education program specifically designed for divorcing or separating parents may help you focus on the needs of your children. For more information about these resources, speak with the court clerk. FM-089, Rev. 08/09