How to serve and file the forms | Pine Tree Legal Assistance

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Motion to Modify

You need to give or send copies of your completed forms to the other party before the court will hear your case. The forms packet you got from the clerk or online tells you how to do this, Form FM-088. Follow the steps carefully.

You have three options for service

Option One: Regular mail

Make two copies of your forms. Keep the originals and one copy.
Then, mail a copy of your Motion to Modify, a copy of your Child Support Affidavit, and two copies of the Acknowledgement of Receipt, along with a stamped, self-addressed envelope, to the other person by mail. You do not need to mail the Summary Sheet.
The other person should sign one of the Acknowledgement of Receipt forms and send it back to you in the self-addressed envelope within 20 days. Once you get the Acknowledgement of Receipt back, make a copy.
You will keep a copy of all of your forms and file the originals with the court, including the Summary Sheet and Acknowledgement of Receipt.
If there is a filing fee and you cannot afford it, ask the clerk for an Application to Proceed Without Payment of Fees and Indigency Affidavit (or find these fee waiver forms on our website), if you did not do that earlier.

Note: Instead of sending the forms by regular mail, you can hand deliver them. In either case, you need to get a signed "Acknowledgement of Receipt" form from the other party. If that person won't sign the form, get a Deputy Sheriff to serve the papers or try the certified mail option.

Option Two: Certified Mail, Restricted Delivery and Return Receipt Requested

Make two copies of your Motion to Modify and Child Support Affidavit, and one copy of your Summary Sheet. You do not need to send the Summary Sheet.
Take one copy of the Motion to Modify and Child Support Affidavit to the post office and ask to mail it “Restricted Delivery” to the other person, with a “Return Receipt” requested. The other person will have to sign for the package, and you will receive a Green Card back in the mail with proof of signature.
When you receive the Green Card back in the mail, make a copy. Then, take the originals of all of your forms, including the Green Card and Summary Sheet, to court, and keep the copies you made.
If there is a filing fee and you cannot afford it, ask the clerk for an Application to Proceed Without Payment of Fees and Indigency Affidavit (or find these fee waiver forms on our website), if you did not do that earlier.
The post office will charge you for this service.

Option Three: Service by Sheriff

Make two copies of your forms. Send the original and 1 copy of the Motion to Modify and 1 copy of the Child Support Affidavit to the Sheriff’s office in your county.
In a letter or in person, ask the Sheriff to serve the other person and give the Sheriff the other person’s home and work address, or any other information which would help the Sheriff find the other person.
After the Sheriff “serves” the other person, the Sheriff will complete page 3 of the Motion to Modify and return the original to you. Make a copy.
You can then file the original Motion to Modify, Child Support Affidavit, and Summary Sheet with the Court.
If there is a filing fee and you cannot afford it, ask the clerk for an Application to Proceed Without Payment of Fees and Indigency Affidavit (or find these fee waiver forms on our website), if you did not do that earlier. If you cannot afford to pay the Sheriff’s service fee (which may be over $30), you should file copies of your Motion to Modify and Child Support Affidavit with the court and request an Application to Proceed Without Payment of Fees and Indigency Affidavit. If it is approved, you can then take a copy of that order to the Sheriff, along with your other forms, for service, and the Sheriff should not make you pay.

Next Step after Service: File these papers with the court clerk

Motion to Modify (with "proof of service" section filled out, if served by sheriff)
Child Support Affidavit (if mutual children are involved)
Summary Sheet
Signed acknowledgement form, if the other party accepted service.
Green card from the post office, if you used certified mail service.

What if I can’t find the other party?

You may not be able to find the other party. If you have made all reasonable efforts but still cannot find them, the court may let you do Service by Publication. Ask the court clerk for a free Service by Publication forms packet. Follow the instructions on the cover sheet. This kind of service costs a lot. If you cannot afford to pay for it, find out how to ask for a fee waiver.

What if we agree to all of the changes?

If you and the other party agree to all proposed changes, you can use a special court rule to avoid going to court. Here are the steps:

1. Write out your agreement.

2. Both of you sign the agreement in front of a Notary Public or attorney.

3. File your signed agreement with your Motion to Modify (and all other required forms).

A Judge will review your agreement and decide if they can approve it. If they have any questions or concerns, they will tell the clerk to schedule a conference to talk about it. Both parties should come to court for that conference. If the court approves your agreement, the clerk will mail the new Order to both of you.

Note: On a Motion to Modify child support only, the clerk will wait, up to 30 days, to see if the other party files a response. If there is no response and the request is for equal or more child support, the court will likely grant your request. But, if the other party does respond, or you are asking for the support amount to be lowered, you will go on to "The Court Process: What to Expect."

What if I’m the one who got served with the papers?

If you receive the papers by regular mail:

Sign the Acknowledgement of Receipt form and mail it back to the sender so that it will reach them within 20 days of when they mailed it.
Then, file an Entry of Appearance form and a written response and file it with the court within 20 days of when you received the Motion. If the Motion was one to modify child support only, you have 30 days to respond and ask a hearing.
For any motions that involve child support, you must also file a FM-050 Child Support Affidavit.

If you receive the papers by certified mail or from the Sheriff, you must:

File an Entry of Appearance and written response with the court within 20 days of when you received the papers. You have 30 days to respond and ask for a hearing if the Motion to Modify is only about child support. For any motions that involve child support, also file an FM-050 Child Support Affidavit.

To prepare a response:

Copy the top part of the motion, identifying the court and the parties, onto a blank sheet of paper. Then label the paper “Opposition to Motion.”
Then answer the other party's statements that you don't agree with and explain why you think the court should reject the motion.
You will also have the chance to explain where you stand on issues at the conference, the mediation, and any formal hearings you may have.
Make sure you file the original with the court, mail a copy to the other person, and keep a copy for yourself.

You may also file a Counter-Motion. This just means there are things you want to change, too. If you are interested in this, include it in your written response and label your paper, “Opposition to Motion and Counter-Motion to Modify.”

Frequently Asked Questions

Q. If I got the motion papers in the mail from the other party, am I agreeing to everything in the papers if I sign and return the “Acknowledgment of Receipt” form?

A. No. By signing and returning the form, you are only agreeing that you got the motion papers. If you disagree with the motion, you need to file your written response with the court clerk within 20 days of the date you signed the acknowledgement form. (For a Motion to Modify Child Support, your request for hearing and written response must be filed within 30 days.)

Q: What if I don’t file a written response and Entry of Appearance?

If you don't file any kind of response—at least an Entry of Appearance form—the court can grant the motion by default, which means that the other person will probably get what they are asking for.

Motion to Enforce

You must give or send copies of the court papers to the other party before the court will hear your case. The forms packet you got from the clerk or online tells you how to do this. Follow the steps in Form FM-089 carefully.

You have three options for service:

Option One: Regular mail

Make two copies of your forms. Keep the originals and one copy.
Then, mail a copy of your Motion to Enforce, a copy of your Child Support Affidavit, and two copies of the Acknowledgement of Receipt, along with a stamped, self-addressed envelope, to the other person by mail. You do not need to mail the Summary Sheet.
The other person should sign one of the Acknowledgement of Receipt forms and send it back to you in the self-addressed envelope within 20 days. Once you get the Acknowledgement of Receipt back, make a copy.
You will keep a copy of all of your forms and file the originals with the court, including the Summary Sheet and Acknowledgement of Receipt.
If there is a filing fee and you cannot afford it, ask the clerk for an Application to Proceed Without Payment of Fees and Indigency Affidavit (or find these fee waiver forms on our website), if you did not do that earlier.

Option Two: Certified Mail, Restricted Delivery and Return Receipt Requested

Make two copies of your Motion to Enforce and Child Support Affidavit, and one copy of your Summary Sheet. You do not need to send the Summary Sheet.
Take one copy of the Motion to Enforce and Child Support Affidavit to the post office and ask to mail it “Restricted Delivery” to the other person, with a “Return Receipt” requested. The other person will have to sign for the package, and you will receive a Green Card back in the mail with proof of signature.
When you receive the Green Card back in the mail, make a copy. Then, take the originals of all of your forms, including the Green Card and Summary Sheet, to court, and keep the copies you made.
If there is a filing fee and you cannot afford it, ask the clerk for an Application to Proceed Without Payment of Fees and Indigency Affidavit (or find these fee waiver forms on our website), if you did not do that earlier.
The post office will charge you for this service.

Option Three: Service by Sheriff

Make two copies of your forms. Send the original and 1 copy of the Motion to Enforce and 1 copy of the Child Support Affidavit to the Sheriff’s office in your county.

In a letter or in person, ask the Sheriff to serve the other person and give the Sheriff the other person’s home and work address, or any other information which would help the Sheriff find the other person.

After the Sheriff “serves” the other person, the Sheriff will complete page 3 of the Motion to Modify and return the original to you. Make a copy.

You can then file the original Motion to Enforce, Child Support Affidavit, and Summary Sheet with the Court.

If there is a filing fee and you cannot afford it, ask the clerk for an Application to Proceed Without Payment of Fees and Indigency Affidavit (or find these fee waiver forms on our website), if you did not do that earlier. If you cannot afford to pay the Sheriff’s service fee (which may be over $30-$40), you should file copies of your Motion to Enforce and Child Support Affidavit with the court and request an Application to Proceed Without Payment of Fees and Indigency Affidavit. If it is approved, you can then take a copy of that order to the Sheriff, along with your other forms, for service, and the Sheriff should not make you pay.

Next Step after Service: File these papers with the court clerk

Motion to Enforce (with "proof of service" section filled out, if served by sheriff)
Child Support Affidavit (if mutual children are involved)
Summary Sheet
Signed acknowledgement form, if the other party accepted service.
Green card from the post office, if you used certified mail service.

If you cannot afford the filing fee, ask the clerk for an Application to Proceed Without Payment of Fees and Indigency Affidavit, if you did not do that earlier. Or get the fee waiver forms online.

What if I’m the one who got served with the papers?

If you receive the papers by regular mail:

Sign the Acknowledgement of Receipt form and mail it back to the sender so that it will reach them within 20 days of when they mailed it.

Then, file an Entry of Appearance form and a written response and file it with the court within 20 days of when you received the Motion. For any motions that involve child support, also file an FM-050 Child Support Affidavit.

If you receive the papers by certified mail or from the Sheriff:

You must file an Entry of Appearance and written response within 20 days of when you received the papers. For any motions that involve child support, also file an FM-050 Child Support Affidavit.

To prepare a response:

Copy the top part of the motion, identifying the court and the parties, onto a blank sheet of paper. Then label the paper “Opposition to Motion.”
Then answer the other party's statements that you don't agree with and explain why you think the court should reject the motion.
You will also have the chance to explain where you stand on issues at the mediation and any formal hearings you may have. Make sure you mail a copy to the other person and keep a copy for yourself.

Frequently Asked Questions

Q. If I got the motion papers in the mail from the other party, am I agreeing to everything in the papers if I sign and return the “Acknowledgment of Receipt” form?

A. No. By signing and returning the form, you are only agreeing that you got the motion papers. If you disagree, you need to file your written response with the court clerk within 20 days of the date you signed the acknowledgement form.

Q: What if I don’t file a written response and Entry of Appearance?

Motion for Contempt

Now you must serve the papers on the other party.

Remember, you have the original Subpoena, 2 copies of the subpoena and one copy of the Motion for Contempt, Order, and Summary Sheet (remember, your original Motion for Contempt, Order, and Summary Sheet are already filed with the court). If you got a Fee Waiver, make a copy of the Fee Waiver, too. Keep one copy of everything.
Give the original Subpoena, one copy of the Subpoena, and a copy of the Motion and Order to the sheriff for service. You do not need to give the Summary Sheet to the Sheriff.
In a letter, or in person, ask the sheriff's office to deliver the Subpoena, the Motion, and the Order to the other party. Give a home address. If you think the other party will be hard to find at home, give a work address or any other information you think will be helpful.
Remind the deputy that the papers must be served at least 10 days before the hearing date, unless the judge ordered a shorter time.
If you did not get a fee waiver, the sheriff's office will charge you for this service (about $15-$40 or more). If the Court gave you a fee waiver, give the sheriff a copy of the Court's Order so that you will not be billed for this service. If you need a fee waiver, you can find the fee waiver forms on our website.
After the sheriff sends the packet of papers back to you with the back of the original Subpoena filled in, make a copy of the signed Subpoena and file the original Subpoena with the court clerk.

What if I’m the one who got served?

If you are the person who got the papers from the sheriff and you oppose the motion, file a written response with the clerk at least 3 days before the hearing. Give or mail a copy of your response to the other party at the same time.

To find out what will happen next, read on. The following information about the Motion for Contempt applies to both parties.