The Maine FM 070 form is a legal document used in the state of Maine to request enforcement of a court's judgment or order, particularly regarding child support and other related issues. This form allows individuals to formally address situations where the other party is not complying with the court's decisions. If you need to fill out this form, please click the button below for assistance.
The Maine FM 070 form serves as a crucial legal document for individuals seeking to enforce a court's judgment or order, particularly in cases involving child support, spousal support, and custody issues. This form is utilized by a plaintiff who believes that the other party is not complying with the court's directives. It requires the plaintiff to provide their current residence information and details about the defendant's whereabouts. The form also prompts the plaintiff to specify how the other party has violated the existing court order. If children are involved, additional sections must be completed, detailing the children's living arrangements and any related legal matters. The plaintiff can request various forms of relief, including compliance with the original order and coverage of legal costs. It is essential for the other party to understand their rights and responsibilities, including the opportunity to respond to the motion within a specified timeframe. The FM 070 form thus plays a vital role in ensuring that court orders are respected and enforced, providing a structured approach to resolving disputes related to family law in Maine.
STATE OF MAINE
SUPERIOR COURT
DISTRICT COURT
, ss.
Location
Docket No.
Plaintiff
MOTION TO ENFORCE
v.
Child Support Only
Check (√) if only Child Support is involved
Defendant
1. I am the
in this case.
Plaintiff now resides in (town)
, (county)
, (state)
.
Defendant now resides in (town)
, OR
Residence of the other party is unknown and I have used reasonable efforts to locate the other party.
2. The other party is failing or refusing to obey the Court's Judgment or Order, dated
concerning
the following issues (Check √ the boxes that apply) :
Child Support (fill out form FM-050, Child Support Affidavit)
Spousal Support (Alimony)
Primary Physical Residence of the minor child(ren)
Rights of Contact or visitation with the minor child(ren)
Distribution of Property
Responsibility for Debts
Other:
3. The other party has violated the Judgment or Order in the following ways:
(If more room is needed, you may continue this statement on a separate sheet of paper that should be signed under oath and attached to this motion).
4.
(Check √ here if this motion involves any children in this case and complete subparagraphs A through E. If no
children are involved, go on to paragraph 5.)
A. Plaintiff and Defendant are the parents of the following child(ren):
Name
Date of Birth
Present Address
B. List below where and with whom the child(ren) have lived within the past 5 years.
Name and present address of
Dates child(ren) lived
Town and State where children
the person child(ren) lived with
with that person
lived with that person
C.Plaintiff has not been involved in any way in, and has no information about, any court case in any state concerning the custody of the child(ren), except as follows:
Protection from Abuse State/Court/Docket No.:
Protective Custody State/Court/Docket No.:
Other (describe what kind of other case)
D.No one other than the parties has physical custody of the child(ren), or claims to have custody or visitation rights with respect to the child(ren), except as follows:
E.(Check √ all of the following boxes that apply)
(1) No public assistance benefits have ever been received for the child(ren).
(2) Public assistance benefits have been, are now, or will be received for the child(ren).
(3) The Department of Human Services has been contacted to review, change or enforce a child support order regarding the child(ren).
If you check box 2 or 3, you must send a copy of this motion to the Department of Health & Human Services, Support Enforcement Division, Central Office Supervisor, 11 State House Station, Augusta, ME 04333-0011.
5.WHEREFORE, I ask the Court to find that the other party has failed or refused to obey the Court's Judgment or Order and enter an order requiring the other party to:
A.Permanently stop disobeying the Judgment or Order in this case.
B.Obey and comply with the Judgment or Order by requiring the party to do the following:
C.Other (You must be specific about any other relief you are requesting):
D.Pay my costs of this case, including reasonable attorney's fees.
And I ask the Court to grant such other relief as it deems just and proper.
Date:
Signature of
Address: ____________________________
____________________________
Phone: ____________________________
_______________________County
Personally appeared the above named
and made Oath that the foregoing statements, including those in any attached sheet(s), are true.
Before me,
Attorney at Law / Notary Public / Deputy Clerk
FM-070, Rev 01/09
IMPORTANT WARNING TO THE OTHER PARTY
You are hereby notified that, if you oppose this Motion, you may file with the Court a memorandum and any supporting affidavits or other documents not later than twenty (20) days after the filing of this Motion, unless another time period is provided by the Maine Rules of Civil Procedure or set by the Court.
You have the right to appear and be heard at all courts events (trial, hearing, conference, mediation). If you fail to appear at any or all court events without good cause, action may be taken on your case even though you are not there. This means that the Court may, in your absence, enter an interim/temporary order, OR hold a final hearing and enter a final order or judgment regarding any or all of the issues in your case, including but not limited to paternity or parentage, parental rights and responsibilities for children (custody, residence, contact, visitation, etc), child support, spousal support/alimony, attorney fees, and distribution of marital and non-marital property (debt, real estate, vehicles, personal property, pension and retirement accounts, etc). The Court also has the option to dismiss any pleading that you have filed if you do not show up. It is your own responsibility to be sure that the Court has your correct address. Any change of address must be in writing and delivered to the Clerks office by hand or regular mail.
The District Court is located at:
SERVICE
County of
,ss.
On
(date),
I served the Motion to Enforce upon Respondent by delivering a copy of
same at the following address:
to the above-named Respondent in hand.
to
(name), a person of suitable age and discretion who was then
residing at Respondent’s usual residence.
(name), who is authorized to receive service for Respondent.
by (describe other manner of service):
Costs of Service:
Service:
$
Travel
Postage
Signature of person making service
Other
Total
Title
OR
I, the Plaintiff Defendant, have completed service by:
Signed Acknowledgment (form CV-036)
Certified Mail, Restricted Delivery, Return Receipt
Acceptance of Service
Filling out the Maine FM 070 form is an important step in addressing issues related to court orders. Once you've completed the form, you'll need to file it with the court and serve a copy to the other party involved. This process helps ensure that everyone is aware of the motion and can respond appropriately.
The Maine FM 070 form is a legal document used to request enforcement of a court order related to child support, spousal support, custody, or other family law issues. It allows a party to formally notify the court that the other party is not complying with a previous judgment or order.
Either party involved in the case can file the FM 070 form. This includes the plaintiff or the defendant. The form must be completed accurately to reflect the current situation regarding compliance with the court's orders.
You will need to provide details such as:
If you cannot locate the other party, you must indicate that on the form and describe the reasonable efforts you made to find them. This information is crucial for the court to understand your situation.
Once filed, the court will review your motion. The other party will be notified and has 20 days to respond. They may file a memorandum or other documents to contest your claims. If they do not respond, the court may proceed with your request.
Yes, you can request that the court order the other party to pay your costs, including reasonable attorney's fees. Be specific about the relief you seek in your motion.
You must serve the FM 070 form to the other party. This can be done in person, through certified mail, or by delivering it to someone at their residence. Ensure you document how and when service was completed.
If the other party fails to respond or appear at court hearings, the court may issue orders in their absence. This could include decisions on custody, support, or property distribution, potentially unfavorable to them.
While there is no specific deadline for filing the FM 070 form itself, it is crucial to act promptly. The other party has 20 days to respond once they are served, so timely filing can help expedite the process.
If you have further questions about the FM 070 form or the process, consider consulting with a legal professional. They can provide guidance tailored to your specific situation and help ensure that you meet all legal requirements.
Incomplete Information: One common mistake is failing to provide complete details about the parties involved. It’s essential to include full names, addresses, and relevant dates. Missing this information can lead to delays in processing the motion.
Incorrect Checkboxes: Many individuals neglect to check the appropriate boxes regarding the issues at hand. For instance, if child support is involved, but the box is left unchecked, it can cause confusion and may result in the motion being dismissed.
Failure to Attach Necessary Documents: Some people forget to attach required documents, such as the Child Support Affidavit (FM-050). Without these attachments, the court may not be able to consider the motion fully.
Missing Signatures: It is crucial to sign the form. A motion without a signature is not valid. Additionally, if the form requires notarization, failing to have it notarized can invalidate the motion.
Ignoring Service Requirements: Many individuals overlook the rules regarding serving the motion to the other party. Proper service is essential to ensure that the other party is notified and can respond appropriately.
When dealing with the Maine FM 070 form, several other documents may be necessary to support your case. Each of these forms serves a specific purpose and can help clarify or reinforce your claims in court. Below is a list of commonly used documents that accompany the FM 070 form.
Understanding these documents can help you navigate the legal process more effectively. Make sure to gather all necessary forms and evidence to support your case, as this will contribute to a smoother experience in court.
The Maine FM 070 form, which is a motion to enforce a court judgment, shares similarities with the Motion for Contempt. Both documents are used to address situations where one party fails to comply with a court order. In a Motion for Contempt, the party seeking enforcement must show that the other party willfully disobeyed the court's order. This can lead to potential penalties or sanctions against the non-compliant party. Just like the FM 070 form, the Motion for Contempt requires detailed information about the violation and often necessitates a court hearing to resolve the issue.
Another document that parallels the Maine FM 070 form is the Child Support Modification Request. This form is used when a parent seeks to change an existing child support order due to changes in circumstances, such as job loss or changes in income. Similar to the FM 070, it requires the petitioner to outline the reasons for the modification and provide supporting documentation. Both forms aim to ensure that court orders are fair and reflect the current needs and situations of the parties involved.
The Motion to Change Custody is also akin to the FM 070 form. This document is filed when a parent believes that a change in the custody arrangement is necessary for the child's best interests. Like the FM 070, it requires a clear explanation of why the current custody order is not being followed or is no longer appropriate. Both motions necessitate a thorough presentation of facts and may involve a court hearing to determine the outcome.
The Petition for Divorce is another related document. While the FM 070 focuses on enforcing existing orders, a Petition for Divorce initiates the legal process of ending a marriage. Both documents require detailed information about the parties, including their current living situations and any children involved. They also both involve the court's intervention to ensure fair resolution of issues like child support and custody.
Similarly, the Motion for Temporary Orders is comparable to the FM 070 form. This document is used during divorce or custody proceedings to request immediate relief, such as temporary child support or custody arrangements. Both forms require a clear explanation of the requested relief and the reasons behind it, emphasizing the need for prompt court action to address urgent matters.
The Affidavit of Support is another document that bears resemblance to the FM 070 form. This affidavit is often used in immigration cases to demonstrate that a sponsor can financially support an immigrant. Like the FM 070, it involves providing detailed personal information and may require supporting documentation to substantiate claims. Both documents seek to ensure compliance with legal obligations.
The Motion to Modify Alimony is also similar to the FM 070 form. This motion is filed when one party seeks to change the terms of an alimony agreement due to changes in financial circumstances. Both forms require the party to provide evidence of the changes that warrant a modification, ensuring that the court has the necessary information to make an informed decision.
The Request for Hearing on Child Support is another document that parallels the FM 070 form. This request is used when a party wants to contest or review child support payments. Similar to the FM 070, it requires detailed information about the current child support order and the reasons for the request. Both documents aim to facilitate a fair review process in family law matters.
Lastly, the Motion for Enforcement of Parenting Time shares similarities with the FM 070 form. This motion is filed when one parent believes the other is not adhering to a parenting time schedule. Like the FM 070, it requires the filing party to detail the violations and request specific remedies from the court. Both documents emphasize the importance of following court orders related to family matters.
When filling out the Maine FM 070 form, keep the following tips in mind:
Following these guidelines will help ensure that your submission is complete and increases the likelihood of a smooth process.
Understanding the Maine FM 070 form can be challenging, and several misconceptions often arise. Here are seven common misunderstandings about this important legal document:
Being informed about these misconceptions can help individuals navigate the legal process more effectively. Always consider seeking guidance if you have specific questions or concerns regarding your case.
Filling out and using the Maine FM 070 form requires careful attention to detail. Here are some key takeaways to consider:
Each of these points is vital for ensuring that the form is filled out correctly and that the motion is effectively communicated to the court and the other party.