The Maine FM 070 form is a legal document used to request the enforcement of a court judgment or order, particularly concerning child support and related issues. This form allows the plaintiff to formally notify the court about the other party's failure to comply with established court orders. Understanding this form is essential for anyone involved in a child support case in Maine, as it outlines the necessary steps to seek enforcement and ensure compliance.
The Maine FM 070 form serves as a crucial tool for individuals seeking to enforce a court judgment or order, particularly in matters related to child support. This form is primarily utilized in the context of family law, where one party—the plaintiff—asserts that the other party, the defendant, is failing to comply with the terms set forth by the court. It allows the plaintiff to outline their current residence and the residence of the defendant, or to indicate if the defendant's whereabouts are unknown. The form includes several sections where the plaintiff can specify the nature of the violations, which may encompass child support, spousal support, visitation rights, and other relevant issues. Additionally, if children are involved, the form requires detailed information about the children, including their names, dates of birth, and living arrangements over the past five years. The plaintiff must also disclose any prior court cases related to custody or visitation rights, ensuring transparency in the enforcement process. Importantly, the FM 070 form emphasizes the necessity of notifying the other party of the motion and their rights to respond, thus upholding the principles of fairness and due process in legal proceedings.
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
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