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Understanding the Maine FM 070 form is crucial for anyone involved in a family law case, particularly concerning the enforcement of a court's judgment or order related to child or spousal support, the primary physical residence of a child, contact rights, or distribution of property and debts. This form acts as a formal plea to the court to address and rectify instances where an individual, whether the plaintiff or defendant in the original case, alleges non-compliance with a court's directives. It outlines the specifics of the alleged failure or refusal to adhere to the legal order, requiring the complainant to detail violations and seek appropriate remedies from the court. Additionally, it includes provisions for cases involving children, prompting a disclosure of their living arrangements and any relevant custodial proceedings to ensure their welfare is considered. Importantly, this form also serves as a notification to the opposing party, granting them the right to contest the motion within a specified timeframe. The complexity of this document underscores the significance of accuracy and completeness in its submission, as it can lead to court-ordered enforcement actions, including adjustments to child or spolar support, changes in custody or visitation rights, and the division of property. Moreover, it emphasizes the importance of legal guidance to navigate the intricacies of the law effectively and to uphold the interests of involved parties, particularly when the well-being of children is at stake.

Maine Fm 070 Sample

 

 

 

 

 

 

 

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

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Form Data

Fact Details
Form Identification The form is designated as FM-070, with a revision date of 01/09.
Purpose This form is used for filing a motion to enforce a court's judgment or order, specifically concerning issues like child support, spousal support, and other family law matters.
Governing Law The form, along with the proceedings it pertains to, is governed by the laws of the State of Maine and is to be filed in either the Superior Court or District Court within Maine.
Notification Requirement It mandates notifying the Department of Health & Human Services, Support Enforcement Division, when public assistance benefits are involved with the child(ren).
Warning to Opposing Party Includes a significant warning to the opposing party about the necessity to respond within 20 days of the motion being filed and the implications of failing to appear at court events.

Instructions on Filling in Maine Fm 070

When managing interactions with the court, it's important to understand the steps to complete necessary documents accurately. Filling out the Maine FM-070 form, which involves motions to enforce court orders, particularly related to family matters like child support or spousal support, requires careful attention to detail. Here's a simple guide to help you through this process, ensuring that your motion is clear, complete, and ready for the court's consideration.

  1. Begin by filling in the court name at the top of the form where it says "STATE OF MAINE SUPERIOR COURT DISTRICT COURT" followed by the location.
  2. Enter both the plaintiff's and defendant's names where indicated.
  3. Check the appropriate box to indicate if the motion involves Child Support Only.
  4. Identify your role in the case (Plaintiff or Defendant) and provide the current residences for both parties. If the residence of the opposing party is unknown, state that reasonable efforts have been made to locate them.
  5. Detail the court's judgment or order that the other party is failing or refusing to obey. Specify the issues involved, such as Child Support or Spousal Support, by checking the appropriate boxes.
  6. Explain how the other party has violated the judgment or order. Attach additional sheets if necessary, ensuring they are signed under oath.
  7. If children are involved, check the box in paragraph 4 and complete subparts A through E:
    1. List the child(ren)'s names, dates of birth, and present addresses.
    2. Describe where and with whom the child(ren) have lived over the past five years, including dates and locations.
    3. Indicate any court cases in any state concerning the custody of the child(ren), except those related to Protection from Abuse and Protective Custody, and list any other cases.
    4. State if anyone other than the parties has physical custody or claims to have custody or visitation rights, providing details.
    5. Check all applicable boxes regarding public assistance and contact with the Department of Human Services.
  8. In paragraph 5, specify what you are asking the court to do to enforce the judgment or order. Be as detailed as possible in describing the relief sought.
  9. Fill in the date and sign the form. Include your address and phone number below your signature.
  10. Ensure the form is sworn before an attorney at law, notary public, or deputy clerk as indicated at the bottom of the form.
  11. If applicable, complete the section regarding service to the other party, detailing the method of service, costs, and providing the signature of the person who served the motion.

Once completed, review the form to ensure all information is accurate and that no sections have been missed. After your review, submit the form to the designated court, along with any required filing fees or additional documentation. Remember, this form is a crucial step in seeking enforcement of a court order, so it’s important to be thorough and precise in your completion and submission.

FAQ

What is the Maine FM-070 form?

The Maine FM-070 form, officially titled "Motion to Enforce," is a legal document used in the Maine Superior Court or District Court. It is filed by an individual (either the plaintiff or defendant) in a case concerning family matters, such as child support, spousal support (alimony), primary physical residence of minor children, rights of contact or visitation, distribution of property, responsibility for debts, or other related issues. This motion requests the court to enforce a previous judgment or order that the other party is failing or refusing to obey.

Who can file the FM-070 form?

The FM-070 form can be filed by either the plaintiff or defendant who is involved in a legal case related to family matters. To file this form, one must be a party to a case where a judgment or order was made by the court but is not being followed by the other party. It requires the filer to provide detailed information about the non-compliance and what specific actions are requested of the court to address the issue.

What information is required to complete the FM-070 form?

To complete the FM-070 form, the following information is needed:

  1. Identification of whether the filer is the plaintiff or defendant in the case.
  2. Current residence information of both the filer and the other party, or stating that the other party's residence is unknown despite reasonable efforts to locate them.
  3. Details of the court's judgment or order that is not being obeyed, including the date of the order and specific issue(s) involved (e.g., child support, spousal support, etc.).
  4. A description of how the other party has violated the court's judgment or order.
  5. If applicable, information concerning any children involved in the case, including their names, dates of birth, present address, living arrangements for the past five years, and any public assistance received.
  6. The specific relief being requested from the court to enforce the order, and any costs associated with the case, including attorney's fees.

How is the FM-070 form served?

After completing the FM-070 form, it must be served on the other party involved in the case. Service can be accomplished in several ways:

  • By delivering a copy directly to the respondent.
  • By leaving a copy with a person of suitable age and discretion residing at the respondent's usual residence.
  • By delivering a copy to someone authorized to receive service on behalf of the respondent.
  • Through other means as described on the form or allowed by the court.

The method of service and associated costs should be documented on the form.

What happens after the FM-070 form is filed?

Once the FM-070 form is filed and properly served, the court will schedule a hearing to address the motion to enforce. The other party is given the opportunity to respond to the motion, typically within 20 days of service. Both parties have the right to present their case at the hearing. Based on the evidence and arguments presented, the court may enter an order requiring compliance with the original judgment or order, specify actions for the non-compliant party to take, and possibly award costs or attorney's fees. It's crucial for individuals to attend all court events related to their motion to avoid any action being taken in their absence.

Common mistakes

When people fill out the Maine FM-070 form, which is a Motion to Enforce, several common mistakes are made. These errors can delay proceedings or impact the outcome of the motion. It's critical to pay attention to detail and thoroughly understand each section of the form. Here are five common mistakes:

  1. Incorrectly identifying the party status: The form requires you to check whether you're the Plaintiff or Defendant. This seems simple, but errors here can confuse proceedings, especially if you've previously been both at different times in ongoing disputes.
  2. Failing to provide complete addresses: For both the Plaintiff and Defendant, current addresses must be provided, including town, county, and state. Omitting any part of this can invalidate the motion or delay its processing. If the other party's residence is unknown, stating that reasonable efforts have been made to locate them is necessary.
  3. Omitting necessary attachments: If explaining how the other party has violated the court's judgment or order requires more space, a separate signed sheet needs to be attached. Overlooking this step and trying to cram all information into the provided space can result in important details being missed or ignored.
  4. Incomplete information about children: If children are involved, detailed information about their names, dates of birth, present addresses, living arrangements in the past five years, and involvement in any other custody cases is mandatory. Missing or incomplete information in this section can significantly delay the process.
  5. Not sending a copy to the Department of Health & Human Services (DHHS) when required: If public assistance benefits are involved with the child(ren), or if DHHS is being asked to review, change, or enforce a child support order, a copy of this motion must be sent to DHHS. Failure to do so can not only delay proceedings but also potentially cause issues with the enforcement of any orders related to public assistance benefits.

Making sure each part of the form is filled out correctly and thoroughly is crucial to its successful submission and the enforcement of any court orders. Paying attention to the detailed instructions provided with the form can help avoid these common mistakes.

Documents used along the form

When dealing with legal matters, particularly those related to family law in the State of Maine, various forms and documents often accompany the FM-070 form, Motion to Enforce. Understanding these auxiliary documents can help streamline the process and ensure compliance with court requirements. These forms not only supplement the information in the Motion to Enforce but also serve specific functions in the judicial process.

  • FM-050, Child Support Affidavit: This form is primarily used to detail the financial situation of a parent. It is necessary for accurately calculating child support obligations. The affidavit requires comprehensive financial information to ensure that child support payments are fair and in accordance with Maine’s child support guidelines.
  • CV-036, Signed Acknowledgement of Receipt Form: This document serves as proof that a party has received the documents filed with the court, ensuring that both parties are aware of the filings and have the opportunity to respond. Its use safeguards the process by verifying the delivery and receipt of legal documents.
  • FM-052, Financial Statement: Similar to the Child Support Affidavit, this form provides a broader overview of an individual's financial situation. It is used in cases involving spousal support and the division of marital assets, in addition to child support matters. This detailed financial disclosure helps the court make informed decisions about financial obligations and division.
  • FM-105, Parenting Plan Agreement: In cases where the custody or visitation rights of a child are at issue, this form allows parents to outline their agreement regarding the parenting and care of their children. The plan includes details about physical and legal custody, visitation schedules, and how decisions regarding the child will be made. Submitting a mutually agreed upon plan can facilitate a smoother court review process.
  • FM-056, Request for Preliminary Injunction: This form is used when a party seeks immediate court intervention to prevent the other party from taking an action that could be harmful to the parties or their property while the case is ongoing. It's often employed in situations where immediate relief is needed to preserve the status quo until a final decision can be made.

Properly completed and submitted, these forms work in concert with the FM-070 form to provide the court with a comprehensive view of the situation, enabling it to make well-informed decisions. Familiarity with these documents and their correct application is crucial for anyone involved in a motion to enforce a court's judgment or order within the Maine judicial system.

Similar forms

The Maine FM-040 form, "Request for Contempt Hearing for Failure to Obey a Court Order," shares similarities with the Maine FM-070 form in that both are utilized in scenarios where one party is not complying with a court's decision. Such non-compliance could involve child support, spousal support, or another order previously established by the court. The FM-040 form focuses on the formal accusation of contempt against a party for not following a court order, while FM-070 specifically deals with the enforcement of said orders, making them complementary tools in the legal process to ensure adherence to court judgments.

Another related document is the FM-050, "Child Support Affidavit," which is directly referenced within the FM-070 form's context. This affidavit is essential for providing detailed information about a parent's financial situation, which is crucial for determining child support obligations. The similarity between these documents lies in their use within the realm of child support; while the FM-070 form might be used to enforce a child support order, the FM-050 provides the court with the financial data necessary to establish or modify such orders.

The FM-006, "Financial Statement," also shares a connection with the FM-070 form. This document is instrumental in providing a comprehensive overview of a party's financial status, including income, expenses, assets, and liabilities. It is often used in cases involving child support, spousal support, or the division of property. The link to FM-070 becomes evident when financial obligations imposed by a court order are not being met, necessitating an enforcement motion that may rely on updated financial information from an FM-006 form to make a case for adjustment or compliance.

Lastly, the CV-036, "Acknowledgment of Receipt of Summons and Complaint," is similar to the FM-070 form in the sense that both are part of the preliminary steps in legal proceedings involving family matters. The CV-036 is used when a defendant acknowledges they have received the legal documents initiating a lawsuit, ensuring the court that the respondent is aware of the proceedings. In cases where FM-070 is utilized to enforce an order due to non-compliance, the prior acknowledgment of the initial legal action (potentially signified by a CV-036 form) verifies that the defendant was informed and had an opportunity to comply before enforcement actions were necessary.

Dos and Don'ts

When it comes to filling out the Maine FM-070 form, it's essential to approach the task with care and attention to detail. Here are some dos and don'ts to help guide you through the process:

  • Do read the entire form carefully before you start filling it out.
  • Do make sure you have all the necessary information at hand, including dates, addresses, and specifics of the court's order or judgment.
  • Do write clearly and legibly, using black ink to ensure that the form is easy to read.
  • Do use additional sheets of paper if you need more space to explain how the other party has failed to comply with the court's order, remembering to sign and date these as they are part of your sworn statement.
  • Do check the appropriate boxes that apply to your situation, especially in sections concerning child support, spousal support, and the involvement of children in the case.
  • Do make a copy of the form for your records before submitting it to the court.
  • Don't leave any sections blank. If a section does not apply to your case, write "N/A" or "none" to indicate this.
  • Don't guess information. If you're unsure about specific details, take the time to verify them before submitting the form.
  • Don't forget to sign and date the form. Your signature is required to validate the document.
  • Don't ignore the requirement to serve the other party with the motion. Follow the guidelines for service in the form and ensure they are aware of the motion to enforce.

Filling out the FM-070 form correctly and completely is a crucial step in the process of enforcing a court order. Take your time, follow these guidelines, and if you're unsure about any part of the process, consider seeking legal advice to ensure everything is in order.

Misconceptions

When dealing with legal forms such as the Maine FM-070, also known as the Motion to Enforce, there are several common misunderstandings that can create confusion for individuals navigating the legal process. Here, we clarify some of these misconceptions to provide a clearer understanding of the form and its requirements.

  • Misconception 1: The form is only for child support issues. While child support enforcement is a significant part of the FM-070, this form also addresses other matters such as spousal support, primary physical residence of minor children, rights of contact or visitation, distribution of property, and responsibility for debts.
  • Misconception 2: Filing the form guarantees immediate enforcement. Filing the FM-070 initiates the process, but the court must review and decide on the enforcement. This process can take time and may not result in immediate action.
  • Misconception 3: You can only file if the other party lives in Maine. Regardless of where the other party resides, you can file the FM-070 if the original court order was issued in Maine.
  • Misconception 4: Filling out the form is complex and requires a lawyer. While legal advice can be beneficial, especially in complicated matters, the form is designed to be straightforward. Instructions are provided to aid in completing the form accurately.
  • Misconception 5: The form cannot be used if the location of the other party is unknown. The form has provisions for cases where the other party's location is unknown, allowing the petitioner to proceed even if they have been unable to locate the other party.
  • Misconception 6: Children's information is not relevant to the FM-070 form. If children are involved in any of the enforcement issues, their information is crucial, including their names, dates of birth, and living arrangements. This helps the court understand the full scope of the situation.
  • Misconception 7: Filing the FM-070 automatically involves the Department of Health & Human Services. If public assistance benefits are received for any children involved, then the Department must be notified. However, this is specific to cases involving child support when public assistance is involved.
  • Misconception 8: You do not need to inform the other party about the motion. The other party must be served with the motion to comply with legal notice requirements, allowing them the opportunity to respond or appear in court.

Understanding these nuances of the FM-070 form can help individuals navigate their legal matters with a clearer perspective and better prepare for the process ahead.

Key takeaways

When completing and using the Maine FM-070 form, it's important to keep the following key takeaways in mind:

  • The Maine FM-070 form is used primarily for motions to enforce court judgments or orders related to family matters, including child support and spousal support.
  • Individuals can file as either the plaintiff or defendant in the case, indicating their current residence and noting if the residence of the other party is known.
  • The form requires specific details regarding the nature of the court's judgment or order that is being violated, such as issues related to child support, spousal support, distribution of property, or debts.
  • For cases involving children, additional information must be provided, including the children's names, dates of birth, and living arrangements over the past five years, as well as any involvement in other custody cases.
  • If public assistance benefits are involved with the child(ren), or if there has been contact with the Department of Human Services regarding child support, this must be clearly stated, and a copy of the motion must be sent to the Department of Health & Human Services.
  • The form allows the filer to ask the court to order the other party to cease disobeying the judgment or order and to comply with specific requirements, which must be outlined in the motion.
  • Costs of the case, including reasonable attorney's fees, can be requested as part of the relief sought by the filer.
  • The filer must sign under oath that all information provided on the form and any attached sheets is true, and this must be notarized by an attorney at law, notary public, or deputy clerk.
  • An important warning to the other party is included on the form, advising them of their rights and responsibilities in responding to the motion, the consequences of failing to appear in court, and the necessity of keeping the court informed of any address changes.

Understanding these key points can help individuals navigate the process of filing a motion to enforce orders or judgments more effectively, ensuring that all necessary information is accurately provided and that the requirements of the court are met.

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