If you aren’t sure which motion you need to use, read over Which motion do I need? to learn more about each motion.
Motion to Modify
Get the forms packet for a Motion to Modify from the District Court clerk (it costs $5.00) or get a Motion to Modify forms packet online from the State of Maine Judicial Branch website. Read the instruction page, Form FM-088, carefully. Review your original judgment (your order) and any earlier orders changing the judgment. When you fill out the motion form, you will need to explain which court order(s) and which parts of those orders you want changed.
Be ready to pay these court costs:
- Service: $15-$40 or more (depending on the type of service)
- Filing fee: $80
- Mediation: $140 ($70 for each party. This fee pays for two mediation sessions, each about 2.5-3 hrs long).
Note: There is no filing fee for a Motion to Modify child support only.
If you have a low income and can't pay these fees, ask the clerk for an “Application to Proceed Without Payment of Fees” and an “Indigency Affidavit” or get these fee waiver forms on our website. Fill these out, along with the other court forms. The clerk, or an attorney or notary public, must witness you sign the Indigency Affidavit.
If you get TANF, SSI, or general assistance, the court should waive the fees. Contact Pine Tree Legal Assistance if you are denied.
To file your motion, go back to the District Court where you got your judgment (the order). In some situations, you may be able to get a different court to hear your motion. But you would probably need a lawyer’s help to get your case moved.
Motion to Enforce
Get the forms packet for a Motion to Enforce from the District Court clerk or get a Motion to Enforce forms packet from the State of Maine Judicial Branch website. Read the instruction page, Form FM-089, with care. Review the judgment (the order) in your case, along with any later court orders that changed the original judgment. Be sure your Motion is clear about which order, and which part of that order, you are trying to enforce.
Be ready to pay these court costs:
- Service: $15-$40 or more (depending on the type of service)
- Filing fee: $80
- Mediation: $140 ($70 for each party. This fee pays for two mediation sessions, each about 2.5-3 hrs long).
Note: There is no filing fee for a Motion to Enforce child support only.
If you have a low income and can't pay these fees, ask the clerk for an “Application to Proceed Without Payment of Fees” and an “Indigency Affidavit” or get these fee waiver forms on our website. Fill these out, along with the other court forms. The clerk, an attorney, or a notary public must witness you sign the Indigency Affidavit.
If you get TANF, SSI or general assistance, the court should waive the fees. Contact Pine Tree Legal Assistance if you are denied.
To file your motion, go back to the District Court where you got your judgment (the order). In some situations, you may be able to get a different court to hear your motion. But you would probably need a lawyer’s help to get your case moved.
Motion for Contempt
To file your motion, go back to the District Court where you got your judgment (the order). In some situations, you may be able to get a different court to hear your motion. But you would probably need a lawyer’s help to get your case moved.
Get the Motion for Contempt forms packet from the District Court clerk. You can also get a Motion for Contempt forms packet from the State of Maine Judicial Branch website, except for the Subpoena form. You must pay the court clerk $5.00 for a signed Subpoena. We will cover what to do with that Subpoena form later in this guide.
Read the information cover page, the first page in the packet (called Form FM-090), carefully. Review the original judgment or order in your case, along with any later orders that changed or enforced your original judgment. When you fill out the Motion, be clear about which order, and which part of that order, you are trying to enforce.
Be ready to pay these court costs:
- Service: $15-$40 or more (for the Sheriff)
- Filing fee: $60
- Mediation: There will be a formal hearing rather than mediation.
Note: There is no filing fee for a Motion for Contempt for failure to pay child support only.
If you have a low income and can't pay these fees, ask the clerk for an “Application to Proceed Without Payment of Fees” and an “Indigency Affidavit” or get these forms on our website. Fill these out, along with the other court forms. The clerk, or a notary public, must witness you signing the Indigency Affidavit.
If you get TANF, SSI or general assistance, the court should waive the fees. Contact Pine Tree Legal Assistance if you are denied.
To file your motion, go back to the District Court where you got your judgment. In some situations, you may be able to get a different court to hear your motion. But you would probably need a lawyer’s help to get your case moved.