Form Foc 50 - Motion Regarding Support (Page 2 of 4) in pdf

INSTRUCTIONS FOR FILING THIS MOTION

FEES: All filings of motions on an existing case require the payment of a $20.00

filing fee. In addition, if the Court grants the relief you are seeking, there is a

judgment fee that has to be paid before the Court will enter the new order.

Judgment fees are $40.00 for a support order and $80.00 for a custody or

parenting time order. If you file more than one motion on the same case at the

same time, you will only have to pay one filing fee of $20.00 and one judgment

fee. Fees are paid at the Delta County Clerk’s Office and any checks should be

made payable to the Delta County Clerk.

WAIVER OF FEES:

If you are indigent (without financial resources) or are

receiving public assistance, you can apply to the Court to have your fees waived.

You should obtain the form: Affidavit Suspending Fees and Costs (Form MC 20)

from the Friend of the Court Office or the Delta County Clerk’s Office. Complete

the form, have your signature notarized, and submit it to the Clerk’s Office before

you submit your motion.

1). COMPLETE THE MOTION FORM: The form (FOC 50) should be completed

in a legible manner by either neatly printing or typing the requested information.

Keep in mind that the Court processes hundreds of motions a year. Time spent

trying to decipher what a party intended to write down is less time that the Court

will have to devote to the legal issues that are presented by the motion. You

should first obtain a copy of the most recent Court order in your case before you

begin.

Carefully complete the case number section (box A in the upper right hand

corner) and correctly identify the Plaintiff, Defendant and/or Third Party (section

B) by referring to your copy of the most recent order. If support was previously

ordered, indicate the party paying support and the respective amounts of support

that were ordered (sections C, D, E and F). Sections G, H and I are your

opportunity to state briefly and concisely why the Court should consider

instituting or modifying support. Attachments should be on 8 ½ by 11 inch paper

and, if typed, double spaced. Be sure to date and sign your motion (section J).

2). HEARING DATE AND TIME: Contact the Friend of the Court Office (for

support motions: Caseworker Specialist Debra Barton at (906) 789-5134 and for

custody/parenting time motions: Legal Assistant Micki Heribacka at (906) 789-

5135), state the type of motion you are filing and that you are requesting a

hearing date and time. You will be given the name of either a Judge or Referee.

You will also be given a date and time for your hearing. Finally, you should also

be notified of the location of your hearing.

Fill out the Notice of Hearing section (section K) on the motion form. Do not

complete the Certificate of Mailing section at this point. Your motion should now

be ready to be photocopied.

INSTRUCTION PAGE

Do not submit this page with your motion

Form Foc 50 - Motion Regarding Support Page 2