The Maine FM-070 form is a legal document used within the state's judicial system, specifically for the purpose of requesting the enforcement of a court's judgment or order related to family matters, which may include child support, spousal support, and other family law issues. It outlines the process for one party to formally assert that the other party is not complying with a court's directives and seeks judicial intervention to rectify the situation. Designed to ensure compliance with family law judgments and orders, it plays a crucial role in the enforcement process. For those needing to enforce a court's decision regarding family matters in Maine, understand that completing and submitting the FM-070 form is a necessary step. Click the button below to begin the process of filling out your form.
In the State of Maine, navigating the legal landscape of child support and family law matters requires a detailed understanding of specific documents and procedures, one of which is the Maine Fm 070 form. This critical legal document, formally recognized by both the Superior and District Courts, serves as a motion to enforce court judgments or orders regarding a variety of issues such as child support, spousal support (alimony), the primary physical residence of minor children, rights of contact or visitation, as well as the distribution of property and responsibility for debts. The form outlines a structured process for individuals, either plaintiff or defendant, to officially request the court's intervention in cases where the other party is failing or refusing to comply with a previously issued judgment or order. It includes a comprehensive checklist to specify the nature of the complaint, detailed sections to provide the current residences of both parties, and if applicable, a segment dedicated to matters involving children—ranging from their current living arrangements to any involvement with state services or prior court cases relating to custody. Moreover, the Fm 070 form comes with a stern warning to the opposing party about the importance of responding to the motion and the potential consequences of failing to appear at court hearings. Overall, it plays a vital role in ensuring compliance with family law-related court orders, making it an indispensable tool for parties seeking to enforce their legal rights within the Maine judicial system.
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
Filing the Maine FM-070 form is a crucial step in requesting the court's assistance to enforce a Judgment or Order regarding family matters such as child support, spousal support, or custody issues. This document is a formal motion that requires careful attention to detail to convey your request accurately and thoroughly to the court. Below are the steps you need to follow to complete the form effectively. Following these instructions will help ensure that your motion is processed smoothly and without unnecessary delays.
After completing and serving the form, it is essential to monitor your case for any updates or court dates. Preparing your case thoroughly and ensuring all paperwork, including the FM-070 form, is accurately filled and filed will support a smoother court process.
The FM-070 form is used in Maine to request the enforcement of a court's judgment or order. This may be required when one party is not following the terms set by the court regarding child support, spousal support (alimony), the primary physical residence of minor children, rights of contact or visitation with minor children, distribution of property, responsibility for debts, or other specified issues.
The form can be filed by either the plaintiff (the person who initially brought the case to court) or the defendant (the person against whom the case was brought) if they believe the other party is not complying with a court's judgment or order.
You need to provide detailed information including:
If more space is needed, additional sheets of paper can be attached.
After completing and signing the form, you need to submit it to the relevant district court. Include any attachments that provide further evidence or details about the non-compliance.
The court will review your request and may schedule a hearing. It's important to attend this hearing to present your case. The court may then decide to enforce the judgment or order, require the other party to comply, or provide other appropriate relief.
Yes, the other party must be officially notified after you submit the form. This can be done through various means such as in-person delivery, mail, or any other method approved by the court. You will need to provide proof of service to the court.
While there may be no fee specifically to file the FM-070 form, court costs or fees for serving the form to the other party can apply. Check with your local district court to understand any costs that may be associated with this process.
If you are on the receiving end of an FM-070 form, it indicates that the other party believes you have not complied with a court's judgment or order. You should read the form carefully, consider consulting with a legal professional, and prepare to respond either in writing or by appearing in court as required. Failing to respond can result in the court taking action without your input.
If the non-compliance involves issues related to the primary physical residence of minor children or rights of contact and visitation, the FM-070 form can indeed affect custody or visitation rights. The court may order adjustments to previous arrangements to ensure compliance with its orders.
When filling out the Maine FM-070 form, it's essential to avoid common mistakes that could potentially delay or complicate the enforcement of a court order. The form is designed to assist individuals in requesting the court to enforce a previous judgment or order related to family matters such as child support, spousal support, and the distribution of property. To ensure clarity and prevent errors, let's examine the seven frequent mistakes people often make:
In addition, attention to detail when describing the requested relief and providing a specific outline of what is being asked from the court can greatly influence the outcome of the enforcement motion. A well-completed form, alongside any required documentation, ensures a smoother process in enforcing the court's order.
When engaging with the Maine FM-070 form, which is utilized for the enforcement of court orders relating to family matters such as child support, custody, and spousal support, parties may need to familiarize themselves with several other forms and documents. These additional forms support the enforcement process, ensure compliance with court orders, and assist in the comprehensive presentation of one's case to the court. Here's a brief overview of six relevant documents often used in conjunction with the Maine FM-070 form.
Together, these documents provide a framework for presenting one’s case effectively in family court, whether the issue at hand involves enforcing child support, custody arrangements, or other court-ordered responsibilities. Understanding each document’s purpose and how it complements the enforcement process encapsulated by the FM-070 form helps individuals navigate the complexities of family law proceedings. Ensuring all relevant information is accurately conveyed and procedural requirements are met can significantly impact the outcome of these enforcement actions.
The FM-070 form from Maine, which serves as a motion to enforce court orders, particularly in family law matters such as child support or custody, shares similarities with various legal documents designed to address compliance with court decisions. One such document is the "Motion for Contempt." Like the FM-070, a Motion for Contempt is filed when an individual believes another party is not following a court order. This motion typically requests the court to recognize the non-compliance and enforce adherence, potentially adding penalties for the non-compliant party. Both documents are used to address issues where court orders have not been followed, but a motion for contempt specifically asks the court to punish the offending party.
Another related document is the "Child Support Modification Form." This form, similar to portions of the FM-070, is used when seeking to change child support arrangements previously ordered by the court. While the FM-070 focuses on enforcing existing orders, the Child Support Modification Form requests an update to those orders based on changes in circumstances, like income changes or changes in the child's needs. Both documents interact with the court system to address the financial care of children.
The "Petition for Custody" also shares similarities with the FM-070. This petition is used to establish custody arrangements for the first time or to request changes to existing custody orders. While the FM-070 emphasizes enforcing compliance with existing orders, including those related to custody, the Petition for Custody directly seeks to establish or alter what those orders dictate. Both are critical in situations involving the care and welfare of children within the judicial system.
Another document comparable to the FM-070 is the "Request for Order," commonly used in various legal contexts, including family law. This request asks the court to make a new order or change an existing order, such as those related to visitation rights or spousal support. The FM-070 and the Request for Order both engage the court's authority to create or enforce rules about family arrangements, but the Request for Order may encompass a broader range of topics and is not limited to enforcement of existing orders.
The "Financial Affidavit" is a document often used alongside or as part of procedures similar to those initiated by the FM-070. Especially relevant in child and spousal support cases, this form details an individual’s income, expenses, assets, and liabilities. Though its primary function is to inform the court of a party's financial situation rather than to enforce compliance, the Financial Affidavit is instrumental in proceedings that might follow the filing of an FM-070, such as adjustments to support amounts based on financial evidence.
A "Summons to Show Cause" is an additional document with purposes akin to those of the FM-070. It is used to order a party to appear in court and explain why they have not complied with a court order, potentially in situations involving child support or visitation. While it acts as a precursory step to enforcement, compelling a party to account for their non-compliance before the court decides on further action, the FM-070 serves as a plea for the court to directly enforce its orders based on presented evidence.
Lastly, the "Writ of Execution" is a legal document issued by a court to enforce judgments, including the collection of debts or the transfer of property. Similar to the enforcement actions requested in the FM-070, a Writ of Execution is used after a judgment has been made and is not being followed. The key difference is that the Writ of Execution is often the final step in the enforcement process, empowering law enforcement or another designated official to take concrete action to fulfill the court’s order, whether by seizing property, garnishing wages, or other means.
When filling out the Maine FM-070 form, there are several dos and don'ts that you should keep in mind to ensure the process is handled correctly and efficiently. Here's a guide to help you navigate this important legal document:
Things You Should Do:
Provide accurate and current information for both the plaintiff and defendant, including current addresses. If the location of the other party is unknown, mention your efforts to locate them.
Check the appropriate boxes that apply to your situation under section 2, clearly identifying the issues at hand such as child support, spousal support, or others.
Detail exactly how the other party has failed or refused to obey the Court's Judgment or Order in section 3, attaching extra sheets if necessary, and ensure these sheets are signed under oath.
Complete all relevant sections about children involved in the motion, providing thorough information about their residence and any other legal proceedings they are involved in, as required in section 4.
If public assistance benefits are involved for any children, remember to send a copy of the motion to the Department of Health & Human Services as indicated in section 4E.
Clearly state the relief you are seeking from the court in the "WHEREFORE" section, being specific about any actions you wish the other party to take or stop.
Sign and date the form before a notary public, attorney at law, or deputy clerk, ensuring your contact information is filled out completely.
Things You Shouldn't Do:
Don't leave any sections incomplete. If a section does not apply, indicate with “N/A” or “None” rather than leaving it blank to avoid any assumptions of oversight or error.
Avoid providing outdated or inaccurate information for either party. This can delay the proceedings or lead to the dismissal of your motion.
Do not skip the section on children if your case involves them. This information is crucial for the court's understanding and decision-making.
Don't forget to check the correct boxes in sections 2 and 4, as failing to identify all issues accurately could limit the enforcement actions the court takes.
Avoid vague statements in the section where you detail violations of the court order. Specific examples and timelines help strengthen your motion.
Do not fail to notify the Department of Health & Human Services when required, as this could negatively impact the outcome for cases involving child support.
Avoid serving the motion improperly. Follow the guidelines for service of process as stated at the end of the form to ensure the respondent is properly notified.
Many individuals have misunderstandings about the Maine Form FM-070, often due to the complexity of legal procedures. Here are eight common misconceptions explained:
While child support enforcement is a common use of Form FM-070, it's also designed to address violations of court orders related to spousal support, primary physical residence of children, rights of contact or visitation, distribution of property, and responsibilities for debts.
The form allows for situations where the residence of the other party is unknown, as long as reasonable efforts have been made to locate them.
If public assistance benefits have been, are now, or will be received for the child(ren), or if the Department of Human Services is contacted to review, change, or enforce a child support order, the form mandates that a copy must be sent to the Department of Health & Human Services, Support Enforcement Division.
Filing this motion simply initiates the process. The court requires evidence of the alleged violations and may schedule a hearing to decide on the matter.
While not mandatory, consulting with an attorney can provide valuable guidance through the legal process, help in properly presenting your case, and ensure all relevant facts and laws are considered.
The form requires listing where and with whom the child(ren) have lived within the past five years, which is crucial for cases involving their custody or well-being.
Form FM-070 can be used for ongoing or past violations of a court order, not just for new issues.
The party filing the motion is responsible for serving the motion to the other party, allowing them the opportunity to respond. The method of service must be documented and can include various methods such as in-hand delivery, mailing to a last known address, or through a third party.
Understanding these points can prevent mistakes during the legal process and aid in the effective enforcement of court orders.
When dealing with legal forms, it's crucial to understand not just how to fill them out, but also their implications. The Maine FM-070 form, utilized for motioning to enforce court judgments or orders, particularly around issues like child support or spousal support, is no exception. Here are four key takeaways to keep in mind when dealing with this form:
Filling out the FM-070 form with thoroughness and precision is critical to presenting a clear and compelling case to the court. Carefully review your forms, provide ample documentation, and adhere to legal procedures to advocate effectively for the enforcement of a judgment or order. Remember, the goal is not just to submit a form but to communicate a situation's gravity and necessity for legal intervention.
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