Free EXPEDITED CHILD SUPPORT PROCESS - Minnesota

EXPEDITED CHILD SUPPORT PROCESS

MOTION TO CORRECT CLERICAL MISTAKES
IMPORTANT NOTICES YOU CAN USE THE MOTION TO CORRECT CLERICAL MISTAKES FORM ONLY IF you have a child support order that contains clerical mistakes, typographical errors, or mathematical errors. · · · · · The court will consider your request without a hearing. Court personnel, the county attorney's office, and the child support office cannot help you fill out these forms. You may need to speak with a lawyer if you do not know how to answer the questions on these forms. You must fill out the Motion to Correct Clerical Mistakes form and the Affidavit of Service form. Read and follow the instructions completely. Type your answers or print neatly using dark ink.

GENERAL INFORMATION

The Motion to Correct Clerical Mistakes form is for use by individuals who want the court to correct clerical mistakes, typographical errors, or mathematical errors in an existing support order. You may not use this form to bring other requests or questions before the court. Court forms are for use by individuals representing themselves or for attorneys. They are not a substitute for use of an attorney. Using court forms will not guarantee that the court will grant your request. When filling out the forms be as accurate and as detailed as possible. The court needs to clearly understand what you are claiming is the clerical mistake or error before the court can make any corrections to the order.

Helpful materials may be found at your public county law library. For a directory, see http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court administrator or call the Minnesota State Law Library at 651-296-2775.

CSX601 State

ENG

Rev 3/08

www.mncourts.gov/forms

Page 1 of 3

INSTRUCTIONS

STEP 1 FILL OUT THE "MOTION TO CORRECT CLERICAL MISTAKES" FORM

The information to fill in the boxes and blanks at the top of the form can be found at the top of your current child support order, including: · The county where your case is located and where the current order was issued (which may be different from the county where you live). · The number of the judicial district where your case is located and where your current order was issued. · The court file number. · The name of the Petitioner/Plaintiff. · The name of the Respondent/Defendant. If you are the Petitioner/Plaintiff in the current order or decree you will be the Petitioner/Plaintiff in this motion. If you are the Respondent/Defendant in the current order or decree you will be the Respondent/Defendant in this motion. Fill in the name and last known address of the other party and the county attorney's office where your case is located. Fill in the date the current order was signed by the court. List all of the clerical mistakes, typographical errors, and mathematical errors that you think are in your order. You may list as many errors and mistakes as you wish, but it will be up to the court to decide what corrections (if any) will actually be ordered. If you ordered a transcript, check off the box and fill in the date you filed your Request for Transcript.
STEP 2 MAKE COPIES OF FORMS

After the forms are completely filled out, make three copies of the completed "Motion to Correct Clerical Mistakes" form. Keep one copy of the form for yourself.

CSX601 State

ENG

Rev 3/08

www.mncourts.gov/forms

Page 2 of 3

STEP 3 HAVE COPIES OF THE MOTION SERVED ON THE OTHER PARTY AND COUNTY ATTORNEY'S OFFICE

You must arrange for the other party and the county attorney's office to receive copies of your papers. This is called "service of process." A copy of the motion must be served upon all parties, either personally or by mail. If the other party is represented by an attorney, the documents must be served on the attorney instead of the party. Personal service: documents are hand delivered to the other party personally or by leaving the documents at the other party's place of residence with some person who is of suitable age or discretion who also lives at the same residence. Mail service: documents are mailed by first class U.S. mail to the other party. NOTE! YOU CANNOT HAND DELIVER OR MAIL THE DOCUMENTS YOURSELF. YOU MUST HAVE SOMEONE ELSE OVER THE AGE OF 18 WHO IS NOT A PARTY TO THE CASE HAND DELIVER OR MAIL THE DOCUMENTS FOR YOU. STEP 4 COMPLETE THE "AFFIDAVIT OF SERVICE" FORM The person who hand delivers or mails the motion must fill out an "Affidavit of Service" form for each party served. NOTE! THE PERSON WHO HAND DELIVERS OR MAILS THE DOCUMENTS MUST SIGN THE "AFFIDAVIT OF SERVICE" IN FRONT OF A NOTARY PUBLIC OR THE COURT ADMINISTRATOR. MAKE SURE THE PERSON BRINGS PICTURE IDENTIFICATION TO SHOW TO THE NOTARY PUBLIC OR CLERK. STEP 5 FILE THE FORMS WITH COURT ADMINISTRATION The original "Motion to Correct Clerical Mistakes" and the "Affidavit of Service" must be filed with court administration in the county where your case is located.

CSX601 State

ENG

Rev 3/08

www.mncourts.gov/forms

Page 3 of 3