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The Maine FM 070 form is a crucial document for individuals seeking to enforce a court's judgment or order, particularly in cases involving child support, spousal support, or custody arrangements. This motion is filed in either the Superior Court or District Court, depending on the specifics of the case. It serves as a formal request to the court, outlining how the other party has failed to comply with existing court orders. The form requires the plaintiff to provide their current address, as well as the address of the defendant, or state that the defendant's whereabouts are unknown despite reasonable efforts to locate them. Key issues that can be addressed in this motion include child support, spousal support, and visitation rights, among others. The plaintiff must detail the specific violations of the court's judgment and can include additional information regarding the children involved, such as their living arrangements and any relevant court cases concerning custody. Importantly, the FM 070 form also outlines the rights of the other party, including their ability to respond to the motion and the consequences of failing to appear in court. Completing this form accurately is essential for ensuring that the court can take appropriate action to uphold its orders and protect the rights of all parties involved.

Dos and Don'ts

When filling out the Maine FM 070 form, it's important to approach the process with care. Here are some helpful dos and don'ts to ensure your submission is complete and accurate.

  • Do read the entire form carefully before starting. Understanding what information is required will save you time and prevent mistakes.
  • Do provide accurate and up-to-date information about both parties involved. This includes addresses and any relevant details about the case.
  • Do check all applicable boxes clearly. This ensures that the court understands the specific issues you are addressing.
  • Do keep a copy of the completed form for your records. This will help you track your case and provide reference if needed.
  • Don't leave any sections blank unless instructed. Incomplete forms can delay your case or lead to rejection.
  • Don't use vague language when describing violations of the court's order. Be specific and detailed to strengthen your case.
  • Don't forget to sign and date the form. An unsigned form is considered invalid and will not be processed.
  • Don't ignore the requirement to notify the other party. Proper service is crucial for the court to consider your motion.

By following these guidelines, you can navigate the process more smoothly and increase your chances of a favorable outcome. Good luck!

Key takeaways

When filling out and using the Maine FM 070 form, keep the following key takeaways in mind:

  • Identify Yourself: Clearly state whether you are the Plaintiff or Defendant in the case.
  • Provide Current Addresses: Include the current addresses of both parties. If the other party's address is unknown, explain your efforts to locate them.
  • Specify Violations: Clearly outline how the other party has violated the court's judgment or order.
  • Child Involvement: If children are involved, complete all required sections related to their custody and support.
  • Document Child’s History: List where the children have lived over the past five years, including names and addresses.
  • Public Assistance: Indicate whether any public assistance has been received for the children, as this affects the case.
  • Request Specific Relief: Be specific about what you are asking the court to do, including any additional relief beyond compliance.
  • Cost Recovery: You can request the court to order the other party to pay your costs, including attorney fees.
  • Service of Motion: Ensure that the motion is served correctly to the other party, following the guidelines provided.
  • Know Your Rights: If you oppose the motion, you have the right to respond within twenty days and attend all court events.

Following these guidelines will help ensure that your use of the Maine FM 070 form is effective and compliant with court procedures.

Instructions on Filling in Maine Fm 070

Filling out the Maine FM 070 form is a crucial step in seeking enforcement of a court order. After completing the form, you will need to file it with the court and serve a copy to the other party involved in your case. This process ensures that the court is aware of the enforcement request and that the other party has an opportunity to respond.

  1. Begin by entering the location and docket number at the top of the form.
  2. Identify yourself as the Plaintiff or Defendant by checking the appropriate box.
  3. Provide your current address and the current address of the other party, or indicate if their residence is unknown.
  4. Specify how the other party is failing to comply with the court's judgment or order by checking the relevant boxes.
  5. Detail the specific ways the other party has violated the judgment or order in the designated section.
  6. If children are involved, check the box and complete subparagraphs A through E, providing the necessary information about the children.
  7. In subparagraph A, list the names and dates of birth of the children.
  8. In subparagraph B, outline where the children have lived over the past five years.
  9. In subparagraph C, disclose any other custody-related court cases involving the children.
  10. In subparagraph D, confirm if anyone other than the parties has physical custody or visitation rights regarding the children.
  11. In subparagraph E, check the applicable boxes regarding public assistance benefits and any contact with the Department of Human Services.
  12. In the WHEREFORE section, specify what you are asking the court to do, including any specific relief you are requesting.
  13. Sign and date the form in the designated area.
  14. Provide your address and phone number at the bottom of the form.
  15. Have the form notarized or signed by an attorney if required.

Learn More on This Form

  1. What is the Maine FM 070 form?

    The Maine FM 070 form is a legal document used to request the court to enforce a prior judgment or order, specifically related to issues such as child support, spousal support, custody, or visitation rights. This form is filed in the Superior or District Court of Maine.

  2. Who can file the FM 070 form?

    Either party involved in the case can file the FM 070 form. This includes the Plaintiff or Defendant, who must demonstrate that the other party is failing to comply with the court's previous orders. You must provide your current address and information about the other party's whereabouts.

  3. What information do I need to provide on the form?

    You will need to include details such as:

    • Your current address and the address of the other party.
    • The specific issues where the other party is not complying with the court's order.
    • Information about any children involved, including their names and addresses.
    • Any prior court cases related to custody or support.
  4. What happens after I file the FM 070 form?

    Once you file the form, the other party will be notified. They have 20 days to respond, unless the court specifies a different timeline. If they do not respond or appear in court, the court may make decisions in their absence.

  5. What if the other party opposes the motion?

    If the other party opposes the motion, they can file a memorandum and supporting documents with the court. This must be done within the specified timeframe. They also have the right to attend all court events related to the case.

  6. Can I request attorney's fees or costs?

    Yes, you can request the court to order the other party to pay your costs associated with the case, including reasonable attorney's fees. Be specific about what you are requesting in your motion.

File Attributes

Fact Name Details
Purpose The Maine FM 070 form is used to request the court to enforce a previous judgment or order, particularly regarding child support and other family law matters.
Governing Law This form is governed by the Maine Rules of Civil Procedure, specifically concerning family law issues.
Filing Requirements The plaintiff must provide their current address and the address of the defendant. If the defendant's location is unknown, reasonable efforts to locate them must be documented.
Child Involvement If children are involved, specific details about their living arrangements and custody must be included in the motion.
Response Time The opposing party has 20 days to respond to the motion after it is filed, unless a different time frame is set by the court.
Service of Process The plaintiff must serve the motion to the defendant. This can be done in person or through other approved methods, and proof of service must be provided.

Documents used along the form

The Maine FM 070 form is a motion used to enforce a court's judgment or order, particularly regarding child support and related issues. When filing this motion, several other forms and documents may be necessary to support the case. Below are four commonly used documents that accompany the FM 070 form.

  • FM-050 Child Support Affidavit: This affidavit provides detailed information about the financial circumstances of both parties involved in the child support case. It includes income, expenses, and any other relevant financial data that may influence the court's decision on child support obligations.
  • CV-036 Acknowledgment of Service: This document serves as proof that the other party has received the motion and any accompanying documents. It can be signed by the respondent or an authorized individual, confirming that they are aware of the proceedings.
  • Affidavit of Service: This affidavit details how and when the motion was served to the other party. It includes information about the method of service, such as in-person delivery or certified mail, and is crucial for verifying that the other party has been properly notified.
  • New York Boat Bill of Sale: This essential form acts as a receipt for the sale of a boat, ensuring clear transfer of ownership by outlining buyer and seller details, vessel description, and sale price. For further assistance, you may consider checking the Templates and Guide.
  • Financial Disclosure Statement: This statement outlines the financial situation of both parties, including assets, liabilities, and income. It helps the court assess the financial needs and obligations related to child support or spousal support.

These documents play a vital role in the enforcement process, ensuring that all relevant information is presented to the court. Properly completing and submitting these forms can significantly impact the outcome of the case.

Misconceptions

Here are ten common misconceptions about the Maine FM 070 form, along with clarifications to help better understand its purpose and use.

  • The FM 070 form is only for child support issues. While the form can address child support, it also covers spousal support, visitation rights, and property distribution.
  • You must be an attorney to file the FM 070 form. Anyone can file this motion, although legal advice can be beneficial in navigating the process.
  • The form can only be filed in person. You can submit the FM 070 form by mail or in person, depending on the court's rules.
  • Filing the form guarantees a court hearing. While the court will review the motion, a hearing is not automatically scheduled. The other party must respond within the specified timeframe.
  • You cannot request attorney fees in the motion. The form allows you to request reimbursement for reasonable attorney fees as part of your relief.
  • The FM 070 form is only for disputes between parents. The form can be used in cases involving any parties affected by a court order, not just parents.
  • Once filed, the form cannot be amended. You can amend your motion if necessary, as long as you follow the court's procedures for doing so.
  • You do not need to provide any evidence with the form. While the form itself outlines your claims, providing supporting evidence can strengthen your case.
  • Service of the motion is optional. Proper service of the motion to the other party is required to ensure they are notified and can respond.
  • The FM 070 form will resolve the issue quickly. Legal processes can take time, and resolution depends on various factors, including court schedules and the complexity of the case.

Document Preview

 

 

 

 

 

 

 

STATE OF MAINE

 

 

 

 

 

 

 

 

 

 

 

 

SUPERIOR COURT

 

 

 

 

 

 

 

 

DISTRICT COURT

 

 

 

 

 

 

 

, ss.

 

 

 

Location

 

 

 

 

 

Docket No.

 

 

 

 

 

 

 

 

 

Docket No.

 

 

 

 

 

 

 

 

 

 

 

Plaintiff

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MOTION TO ENFORCE

 

 

 

 

 

v.

 

 

 

 

 

 

 

 

Child Support Only

 

 

 

 

 

 

 

 

 

 

 

 

Check (√) if only Child Support is involved

 

 

 

 

 

 

 

Defendant

 

 

 

 

 

 

 

 

 

 

 

 

1. I am the

Plaintiff

Defendant

in this case.

 

 

 

 

 

 

 

 

 

 

 

 

Plaintiff now resides in (town)

 

 

, (county)

 

 

 

 

, (state)

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendant now resides in (town)

 

 

, (county)

 

 

, (state)

, 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

Plaintiff

Defendant

 

 

 

 

 

 

Address: ____________________________

 

 

 

 

____________________________

 

 

 

 

 

 

Phone: ____________________________

 

 

 

STATE OF MAINE

 

 

 

_______________________County

 

 

 

 

 

 

 

Personally appeared the above named

Plaintiff

Defendant

 

 

 

 

and made Oath that the foregoing statements, including those in any attached sheet(s), are true.

 

 

Before me,

Date:

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

STATE OF MAINE

 

 

 

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.

 

 

 

to

 

 

 

 

 

 

 

 

 

 

(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

FM-070, Rev 01/09