Preview
29-FA-22-1265
Filed in District Court
State of Minnesota
STATE 0F MINNESOTA JAN 2 3 2023 IN DISTRICT COURT
NINTH JUDICIAL DISTRICT
COUNTY OF HUBBARD
In Re the Custody of:
ROBERT RHYS BARCLAY Case No. 29-FA22-1265
Born November 7, 2019 Paternity
David James Barclay,
FINDINGS 0F FACT,
Petitioner,
CONCLUSIONS OF LAW,
VS.
ORDER FOR JIIDGMENT
and JUDGMENT
Angela Dion Young,
Respondent
In Re the Custody of:
ROBERT RHYS BARCLAY
Born November 7, 2019
1. The aboveentitled matter came on for default judgment on the
undersigned date in 2022 regarding the Father David James Barclay's
custody, paternity, and parenting time petition. The Respondent
Mother Angela Dion Young was duly served with the Summons and
Petition to Establish Custody and Parenting Time as shown by the
Affidavit of Service, but she failed to respond and did not appear. The
Court, having read the affidavit of the Petitioner and having read all
other supporting documents filed in this matter, and being duly
advised in the matter and all filings herein, hereby makes the
following:
I'lfia'g'é
29-FA22-1265
FINDINGS OF FACT
2. The residence in the State of Minnesota of both Petitioner and of
Respondent has been continuous for not less than 180 days
immediately preceding commencement of this proceeding.
3. Neither party hereto is or has been in the military service of the United
States of America at any time relevant to this proceeding, and therefore
the Service Members' Civil Relief Act of 2003, 50 App.
U.S.C.A. Sec. 501 et seq., as amended, is not applicable in this
proceeding.
4. The court has jurisdiction over the subject matter and the parties.
5. The Respondent is in default and all documents indicating such have
been filed and received in this matter. This is a default matter.
6. The parties are the parents of Robert Rhys Barclay, born November 7,
2019, and they both have signed an official North Dakota Voluntary
Recognition of Parentage for the minor child, said document having
been filed with the North Dakota Department of Health, with a certified
copy of the North Dakota Voluntary Recognition of Parentage and Birth
Certificate filed herein under confidential cover.
7. The Petitioner's current address is David James Barclay, PO Box 366,
Walcott, Iowa 52 773.
8. The Respondent's address is unknown, as she has no permanent
address. Her last known address was 2902 So. Univ. Dr., Fargo, ND.
9. The minor child has been residing with Petitioner at his residence for
his entire life. The Petitioner has been the sole caretaker and provider.
10.The Respondent has had very little contact with the minor child, and
has not seen, or visited, or communicated with, or cared in any way for
the child or for the needs of the child.
11.The Respondent has a history of illegal drug abuse and domestic
violence. Respondent was served the Summons and Petition while
incarcerated for domestic violence, and that Affidavit of Service is filed.
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29vFA-22-1265
12. Respondent is in default and it is just and right that Petitioner should
have sole legal and physical custody of the minor child.
13. Respondent has a sporadic employment history and it is unclear if she
is employed at the present time, as she frequently relocates to
different places. Her current whereabouts are unknown.
14. The Court has reviewed each and all of the best interest factors under
Minnesota statutes and now finds that it is in the best interests of the
parties' minor child, Robert Rhys Barclay, that the Petitioner have sole
legal and sole physical custody of him.
15. Respondent shall have only supervised parenting time at a mutually
agreeable place, at such times and places as the parties shall mutually
agree.
CONCLUSIONS OF LAW
16. The Petitioner is hereby adjudicated as the father of the minor child
Robert Rhys Barclay.
1 7. The Petitioner shall have the sole legal and sole physical custody of
the parties' minor child, Robert Rhys Barclay.
18. The Respondent shall have supervised parenting time at a mutually
agreeable place, at such times and places as the parties shall
mutually agree. The issue of a parenting plan schedule is reserved.
CHILD SUPPORT
19.The issue of child support shall be reserved.
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29-FA22-1 265
20. AppendixA shall be incorporated and made a part of the Judgment and Decree.
Appendix A contains provisions regarding Payments to Public Agency, Minnesota
Statutes § 518.551, subdivision 1; Depriving Another of Custodial or Parental
Rights-A Felony, Minnesota Statutes § 609.26; Rules of Support, Maintenance,
Visitation, Parental Rights from Minnesota Statutes § 518.17, subdivision 3; Wage
and Income Deduction of Support and Maintenance, Minnesota § 518.6111; Change
of Address or Residence; Cost of Living Increase of Support and Maintenance
pursuant to Minnesota Statutes § 518.641; Judgments for Unpaid Support pursuant to
Minnesota Statutes § 548.091; Judgments for Unpaid Maintenance pursuant to
Minnesota Statutes § 548.091; Medical Insurance and Expenses pursuant to
Minnesota Statutes § 518.171; and Capital Gain on Sale of Principal Residence
pursuant to Minnesota Statutes § 518.583.
ORDER FOR ENTRY OF JUDGMENT
LET A DEFAULT JUDGMENT and DECREE OF PATERNITY and BE
ENTERED in accordance with the foregoing Conclusions of Law.
BY THE COURT:
firth/A) Jm/ Jan
Tiffany, Robert
23 2023 12 47 PM
Honorable District Court Judge
JUDGMENT
I HEREBY CERTIFY that the foregoing Conclusions of Law shall constitute the Judgment
and Decree of this Court.
By
4|Page
29-FA-22-1265
APPENDIX A
NOTICE IS HEREBY GIVEN TO THE PARTIES:
I. PAYMENTS TO PUBLIC AGENCY. According to Minnesota Statutes, section 518A.50, payments ordered
for maintenance and support must be paid to the Minnesota child support payment center as long as the person entitled to
receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection
services. Parents mail payments to: P.O. Box 64326, St. Paul, MN 551640326. Employers mail payments to: P.O. Box
64306, St. Paul, MN 55164.
II. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS --
A FELONY. A person may be
charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the
child's parent (or person with custodial or parenting time rights), according to Minnesota Statutes, section 609.26. A copy of
that section is available from any court administrator.
III. NONSUPPORT 0F A SPOUSE OR CHILD CRIMINAL PENALTIES. A person who fails to pay
court-ordered child support or maintenance may be charged with a crime, which may include misdemeanor, gross
misdemeanor, or felony charges, according to Minnesota Statutes, section 609.375. A copy of that section is available from
any district court clerk.
IV. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME.
A. Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food,
clothing, and the like will not fulfill the obligation.
B. Payment of support must be made as it becomes due, and failure to secure or denial of parenting time is NOT an
excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court.
C. Nonpayment of support is not grounds to deny parenting time. The party entitled to receive support may apply
for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota
Statutes, section 548.091.
D. The payment of support or spousal maintenance takes priority over payment of debts and other obligations.
E. A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation
under this proceeding.
F. Child support or maintenance is based on annual income, and it is the responsibility of a person with seasonal
employment to budget income so that payments are made throughout the year as ordered.
G. A Parental Guide to Making Child-Focused Parenting Time Decisions is available from any court administrator.
H. The nonpayment of support may be enforced through the denial of student grants; interception of state and federal
tax refunds; suspension of driver's, recreational, and occupational licenses; referral to the department of revenue or
private collection agencies; seizure of assets, including bank accounts and other assets held by financial institutions;
reporting to credit bureaus; interest charging, income withholding, and contempt proceedings; and other enforcement
methods allowed by law.
I. The public authority may suspend or resume collection of the amount allocated for child care expenses if the
conditions of Minnesota Statutes, section 518A.40, subdivision 4, are met.
J. The public authority may remove or resume a medical support offset if the conditions of section 518A.41,
subdivision 16, are met.
K. The public authority may suspend or resume interest charging on child support judgments if the conditions of section
548.091, subdivision 1a, are met.
V. MODIFYING CHILD SUPPORT. If either the obligor or obligee is laid off from employment or receives a
pay reduction, child support may be modified, increased, or decreased. Any modification wi11 only take effect when it is
ordered by the court, and will only relate back to the time that a motion is filed. Either the obligor or obligee may file a
motion to modify child support, and may request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD
SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE COURT IS NOT PERMITTED TO
REDUCE SUPPORT RETROACTIVELY.
VI. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3.
UNLESS OTHERWISE PROVIDED BY THE COURT:
A. Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, police
reports, and other important records and information about the minor children. Each party has the right of
access to
information regarding health or dental insurance available to the minor children. Presentation of a copy of this order
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29FA-22-1265
to the custodian of a record or other information about the minor children constitutes sufficient authorization for the
release of the record or information to the requesting party.
B. Each party has the right to be informed by the other party as to the name and address of the school of attendance of
the minor children. Each party has the right to be informed by school officials about the children's welfare,
educational progress and status, and to attend school and parent teacher conferences. The school is not required to
hold a separate conference for each party.
C. Each party has the right to be notified by the other party of an accident or serious illness of a minor child, including
the name of the health care provider and the place of treatment.
D. Each party has the right to be notified by the other party if the minor child is the victim of an alleged crime,
including the name of the investigating law enforcement officer or agency. There is no duty to notify if the party to
be notified is the alleged perpetrator.
E. Each party has the right of reasonable access and telephone contact with the minor children.
VII. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE. Child support and / or
spousal maintenance may be withheld fiom income, with or without notice to the person obligated to pay, when the
conditions of Minnesota Statutes, section 518A.53, have been met. A copy of that section is available from any court
administrator.
VIII. CHANGE OF ADDRESS OR RESIDENCE. Unless otherwise ordered, each party shall notify the other
party, the court, and the public authority responsible for collection, if applicable, of the following information within ten days
of any change: residential and mailing address, telephone number, driver's license number, social security number, and name,
address, and telephone number of the employer.
IX. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE. Basic support and / or spousal
maintenance may be adjusted every two years based upon a change in the cost of living (using the U.S. Department of Labor,
Bureau of Labor Statistics, consumer price index Mpls. St. Paul, for all urban consumers (CPI-U), unless otherwise specified
in this order) when the conditions of Minnesota Statutes, section 5]8A.75, are met. Cost of living increases are
compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to request or contest a cost of living
increase are available from any court administrator.
X. JUDGMENTS FOR UNPAID SUPPORT; INTEREST. According to Minnesota Statutes, section 548.09]:
A. If a person fails to make a child support payment, the payment owed becomes a judgment against the person
responsible to make the payment by operation of law on or after the date the payment is due, and the person entitled
to receive the payment or the public agency may obtain entry and docketing of the judgment without notice to the
person responsible to make the payment.
B. Interest begins accruing on a payment or installment of child support whenever the unpaid amount due is greater
than the current support due.
XI. JUDGMENTS FOR UNPAID MAINTENANCE. A judgment for unpaid spousal maintenance may be
entered and docketed when the conditions of Minnesota Statutes, section 548.091, are met. A copy of that section is
available from any court administrator.
XII. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT. A
judgment for attorney fees and other collection costs incurred in enforcing a child support order will be entered against the
person responsible to pay support when the conditions of Minnesota Statutes, section 518A.735, are met. A copy of that
section and forms necessary to request or contest these attorney fees and collection costs are available from any court
administrator.
XIII. PARENTING TIME EXPEDITOR PROCESS. On request of either party or on its own motion, the court
may appoint a parenting time expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751. A
copy of that section and a description of the expeditor process is available from any court administrator.
XIV. PARENTING TIME REMEDIES AND PENALTIES. Remedies and penalties for wrongful denial of
parenting time are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory
parenting time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and forms
for requesting relief are available from any court administrator.
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29-FA-22-1265
In addition to the Notices on pages 1 and 2, the following NOTICE applies to all orders addressing custody pursuant
to Minn. Stat. § 518.17, subd. 3a.
NOTICE
EACH PARTY IS GRANTED THE FOLLOWING RIGHTS:
1. Right of access to, and to receive copies of, school, medical, dental, religious training, police reports, and other
important records and information about the minor children.
Right of access to information regarding health or dental insurance available to the minor children.
3 Right to be informed by the other party as to the name and address of the school of attendance of the minor children.
4 Right to be informed by school officials about the children's welfare, educational progress and status, and to attend
school and parent-teacher conferences. The school is not required to hold a separate conference for each party,
unless attending the same conference would result in violation of a court order prohibiting contact with a party.
5 Right to be notified by the other party of an accident or serious illness of a minor child, including the name of the
health care provider and the place of treatment.
6 Right to be notified by the other party if the minor child is the victim of an alleged crime, including the name of the
investigating law enforcement officer or agency. There is no duty to notify if the party to be notified is the alleged
perpetrator.
7 Right to reasonable access and telephone or other electronic contact with the minor children.
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29-FA-22-1265
SIX-MONTH REVIEW HEARING REQUEST
INSTRUCTIONS
See Minn. Stat. § 518.1781
You have the right to request a review hearing within six months after entry of a decree of
dissolution or legal separation or order that establishes child custody, parenting time, or child
support. Minn. Stat. § 518.1781 (2006). The form you will need to use to request a review
hearing is attached.
Purpose of Review Hearing: The purpose of the review hearing is to make certain parties are
following the court order regarding parenting time and the payment of child support. The
review hearing IS NOT an opportunity to present any other issues or to ask the court to
establish or modify custody, parenting time, or support. The court CAN ONLY review
parenting time and child support provisions as already established in the order. If there is no
court ordered parenting time or child support, the court CANNOT create a parenting plan,
establish parenting time, or child support at this review hearing. A petition or motion asking for
any other type of relief from the court must be served and filed separately from this request.
You may wish to contact an attorney or other legal services provider for more information
regarding any other type of relief.
Instructions to the Party Requesting the Review Hearing: If you decide to request a review
hearing, you must do the following within six months from the date of entry of the order or
decree:
* remove this cover page and complete the Request for Hearing form. Make enough copies
of the form and have it served upon all parties, including the County Attorney's Office, if
the county child support enforcement agency (public authority) is a party in the case. Keep
a copy of the form for yourself.
NOTE: YOU CANNOT HAND DELIVER OR MAIL THE REQUEST FOR
HEARING YOURSELF. YOU MUST HAVE SOMEONE ELSE OVER THE
AGE OF 18 WHO IS NOT A PARTY TO THE CASE HAND DELIVER OR
MAIL THE REQUEST FOR HEARING FOR YOU
* return the completed Request for Hearing form and a completed Aflidavit 0f Service form
to Court Administration in the county listed at the top of the Request for Hearing form.
Court Administration will schedule a hearing and send all parties notice of the hearing
date, time, and location.
Proof of Child Support Payment: The person who pays support has to provide proof of all the
child support payments he/she made. If a party is receiving public assistance or child support
enforcement services from the county child support enforcement agency, either party may
request that the county child support enforcement agency provide payment information to the
parties and the court. Any request made to the county child support enforcement agency must
be made at least 14 days before the hearing date.
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29-FA-22-1265
SIX-MONTH REVIEW HEARING REQUEST
See Minn. Stat. § 518.1781
State of Minnesota District Court
County of: Judicial District:
Court File Number:
Case Type:
Plaintiff / Petitioner (first, middle, last)
an d
Request for Six Month Review
Defendant / Respondent (first, middle, last)
Hearing
Intervenor
Check the box or boxes that apply:
Child Support
D The other party is not paying child support as ordered. (Briefly explain)
Parenting Time provisions
D The other party has not complied with the court ordered parenting time as follows:
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29-FA-22-1265
Ideclare under penalty of perjury that everything that I have stated in this document is true and
correct. Minn. Stat. § 358.116.
Dated:
Signature
Name:
County and State where signed Address:
City/State/Zip:
Telephone:
E-mail address:
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Preview
29-FA-22-1265 Filed in District Court State of Minnesota STATE 0F MINNESOTA JAN 2 3 2023 IN DISTRICT COURT NINTH JUDICIAL DISTRICT COUNTY OF HUBBARD In Re the Custody of: ROBERT RHYS BARCLAY Case No. 29-FA22-1265 Born November 7, 2019 Paternity David James Barclay, FINDINGS 0F FACT, Petitioner, CONCLUSIONS OF LAW, VS. ORDER FOR JIIDGMENT and JUDGMENT Angela Dion Young, Respondent In Re the Custody of: ROBERT RHYS BARCLAY Born November 7, 2019 1. The aboveentitled matter came on for default judgment on the undersigned date in 2022 regarding the Father David James Barclay's custody, paternity, and parenting time petition. The Respondent Mother Angela Dion Young was duly served with the Summons and Petition to Establish Custody and Parenting Time as shown by the Affidavit of Service, but she failed to respond and did not appear. The Court, having read the affidavit of the Petitioner and having read all other supporting documents filed in this matter, and being duly advised in the matter and all filings herein, hereby makes the following: I'lfia'g'é 29-FA22-1265 FINDINGS OF FACT 2. The residence in the State of Minnesota of both Petitioner and of Respondent has been continuous for not less than 180 days immediately preceding commencement of this proceeding. 3. Neither party hereto is or has been in the military service of the United States of America at any time relevant to this proceeding, and therefore the Service Members' Civil Relief Act of 2003, 50 App. U.S.C.A. Sec. 501 et seq., as amended, is not applicable in this proceeding. 4. The court has jurisdiction over the subject matter and the parties. 5. The Respondent is in default and all documents indicating such have been filed and received in this matter. This is a default matter. 6. The parties are the parents of Robert Rhys Barclay, born November 7, 2019, and they both have signed an official North Dakota Voluntary Recognition of Parentage for the minor child, said document having been filed with the North Dakota Department of Health, with a certified copy of the North Dakota Voluntary Recognition of Parentage and Birth Certificate filed herein under confidential cover. 7. The Petitioner's current address is David James Barclay, PO Box 366, Walcott, Iowa 52 773. 8. The Respondent's address is unknown, as she has no permanent address. Her last known address was 2902 So. Univ. Dr., Fargo, ND. 9. The minor child has been residing with Petitioner at his residence for his entire life. The Petitioner has been the sole caretaker and provider. 10.The Respondent has had very little contact with the minor child, and has not seen, or visited, or communicated with, or cared in any way for the child or for the needs of the child. 11.The Respondent has a history of illegal drug abuse and domestic violence. Respondent was served the Summons and Petition while incarcerated for domestic violence, and that Affidavit of Service is filed. ZlPage 29vFA-22-1265 12. Respondent is in default and it is just and right that Petitioner should have sole legal and physical custody of the minor child. 13. Respondent has a sporadic employment history and it is unclear if she is employed at the present time, as she frequently relocates to different places. Her current whereabouts are unknown. 14. The Court has reviewed each and all of the best interest factors under Minnesota statutes and now finds that it is in the best interests of the parties' minor child, Robert Rhys Barclay, that the Petitioner have sole legal and sole physical custody of him. 15. Respondent shall have only supervised parenting time at a mutually agreeable place, at such times and places as the parties shall mutually agree. CONCLUSIONS OF LAW 16. The Petitioner is hereby adjudicated as the father of the minor child Robert Rhys Barclay. 1 7. The Petitioner shall have the sole legal and sole physical custody of the parties' minor child, Robert Rhys Barclay. 18. The Respondent shall have supervised parenting time at a mutually agreeable place, at such times and places as the parties shall mutually agree. The issue of a parenting plan schedule is reserved. CHILD SUPPORT 19.The issue of child support shall be reserved. 31Page 29-FA22-1 265 20. AppendixA shall be incorporated and made a part of the Judgment and Decree. Appendix A contains provisions regarding Payments to Public Agency, Minnesota Statutes § 518.551, subdivision 1; Depriving Another of Custodial or Parental Rights-A Felony, Minnesota Statutes § 609.26; Rules of Support, Maintenance, Visitation, Parental Rights from Minnesota Statutes § 518.17, subdivision 3; Wage and Income Deduction of Support and Maintenance, Minnesota § 518.6111; Change of Address or Residence; Cost of Living Increase of Support and Maintenance pursuant to Minnesota Statutes § 518.641; Judgments for Unpaid Support pursuant to Minnesota Statutes § 548.091; Judgments for Unpaid Maintenance pursuant to Minnesota Statutes § 548.091; Medical Insurance and Expenses pursuant to Minnesota Statutes § 518.171; and Capital Gain on Sale of Principal Residence pursuant to Minnesota Statutes § 518.583. ORDER FOR ENTRY OF JUDGMENT LET A DEFAULT JUDGMENT and DECREE OF PATERNITY and BE ENTERED in accordance with the foregoing Conclusions of Law. BY THE COURT: firth/A) Jm/ Jan Tiffany, Robert 23 2023 12 47 PM Honorable District Court Judge JUDGMENT I HEREBY CERTIFY that the foregoing Conclusions of Law shall constitute the Judgment and Decree of this Court. By 4|Page 29-FA-22-1265 APPENDIX A NOTICE IS HEREBY GIVEN TO THE PARTIES: I. PAYMENTS TO PUBLIC AGENCY. According to Minnesota Statutes, section 518A.50, payments ordered for maintenance and support must be paid to the Minnesota child support payment center as long as the person entitled to receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection services. Parents mail payments to: P.O. Box 64326, St. Paul, MN 551640326. Employers mail payments to: P.O. Box 64306, St. Paul, MN 55164. II. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY. A person may be charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the child's parent (or person with custodial or parenting time rights), according to Minnesota Statutes, section 609.26. A copy of that section is available from any court administrator. III. NONSUPPORT 0F A SPOUSE OR CHILD CRIMINAL PENALTIES. A person who fails to pay court-ordered child support or maintenance may be charged with a crime, which may include misdemeanor, gross misdemeanor, or felony charges, according to Minnesota Statutes, section 609.375. A copy of that section is available from any district court clerk. IV. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME. A. Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation. B. Payment of support must be made as it becomes due, and failure to secure or denial of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court. C. Nonpayment of support is not grounds to deny parenting time. The party entitled to receive support may apply for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota Statutes, section 548.091. D. The payment of support or spousal maintenance takes priority over payment of debts and other obligations. E. A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation under this proceeding. F. Child support or maintenance is based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that payments are made throughout the year as ordered. G. A Parental Guide to Making Child-Focused Parenting Time Decisions is available from any court administrator. H. The nonpayment of support may be enforced through the denial of student grants; interception of state and federal tax refunds; suspension of driver's, recreational, and occupational licenses; referral to the department of revenue or private collection agencies; seizure of assets, including bank accounts and other assets held by financial institutions; reporting to credit bureaus; interest charging, income withholding, and contempt proceedings; and other enforcement methods allowed by law. I. The public authority may suspend or resume collection of the amount allocated for child care expenses if the conditions of Minnesota Statutes, section 518A.40, subdivision 4, are met. J. The public authority may remove or resume a medical support offset if the conditions of section 518A.41, subdivision 16, are met. K. The public authority may suspend or resume interest charging on child support judgments if the conditions of section 548.091, subdivision 1a, are met. V. MODIFYING CHILD SUPPORT. If either the obligor or obligee is laid off from employment or receives a pay reduction, child support may be modified, increased, or decreased. Any modification wi11 only take effect when it is ordered by the court, and will only relate back to the time that a motion is filed. Either the obligor or obligee may file a motion to modify child support, and may request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY. VI. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3. UNLESS OTHERWISE PROVIDED BY THE COURT: A. Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, police reports, and other important records and information about the minor children. Each party has the right of access to information regarding health or dental insurance available to the minor children. Presentation of a copy of this order FAM301 State ENG Rev 8/15 www.mncourts.govlforms Page 1 of 3 29FA-22-1265 to the custodian of a record or other information about the minor children constitutes sufficient authorization for the release of the record or information to the requesting party. B. Each party has the right to be informed by the other party as to the name and address of the school of attendance of the minor children. Each party has the right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent teacher conferences. The school is not required to hold a separate conference for each party. C. Each party has the right to be notified by the other party of an accident or serious illness of a minor child, including the name of the health care provider and the place of treatment. D. Each party has the right to be notified by the other party if the minor child is the victim of an alleged crime, including the name of the investigating law enforcement officer or agency. There is no duty to notify if the party to be notified is the alleged perpetrator. E. Each party has the right of reasonable access and telephone contact with the minor children. VII. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE. Child support and / or spousal maintenance may be withheld fiom income, with or without notice to the person obligated to pay, when the conditions of Minnesota Statutes, section 518A.53, have been met. A copy of that section is available from any court administrator. VIII. CHANGE OF ADDRESS OR RESIDENCE. Unless otherwise ordered, each party shall notify the other party, the court, and the public authority responsible for collection, if applicable, of the following information within ten days of any change: residential and mailing address, telephone number, driver's license number, social security number, and name, address, and telephone number of the employer. IX. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE. Basic support and / or spousal maintenance may be adjusted every two years based upon a change in the cost of living (using the U.S. Department of Labor, Bureau of Labor Statistics, consumer price index Mpls. St. Paul, for all urban consumers (CPI-U), unless otherwise specified in this order) when the conditions of Minnesota Statutes, section 5]8A.75, are met. Cost of living increases are compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to request or contest a cost of living increase are available from any court administrator. X. JUDGMENTS FOR UNPAID SUPPORT; INTEREST. According to Minnesota Statutes, section 548.09]: A. If a person fails to make a child support payment, the payment owed becomes a judgment against the person responsible to make the payment by operation of law on or after the date the payment is due, and the person entitled to receive the payment or the public agency may obtain entry and docketing of the judgment without notice to the person responsible to make the payment. B. Interest begins accruing on a payment or installment of child support whenever the unpaid amount due is greater than the current support due. XI. JUDGMENTS FOR UNPAID MAINTENANCE. A judgment for unpaid spousal maintenance may be entered and docketed when the conditions of Minnesota Statutes, section 548.091, are met. A copy of that section is available from any court administrator. XII. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT. A judgment for attorney fees and other collection costs incurred in enforcing a child support order will be entered against the person responsible to pay support when the conditions of Minnesota Statutes, section 518A.735, are met. A copy of that section and forms necessary to request or contest these attorney fees and collection costs are available from any court administrator. XIII. PARENTING TIME EXPEDITOR PROCESS. On request of either party or on its own motion, the court may appoint a parenting time expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751. A copy of that section and a description of the expeditor process is available from any court administrator. XIV. PARENTING TIME REMEDIES AND PENALTIES. Remedies and penalties for wrongful denial of parenting time are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and forms for requesting relief are available from any court administrator. FAM301 State ENG Rev 8/15 www.mncourts.gov/fonns Page 2 of 3 29-FA-22-1265 In addition to the Notices on pages 1 and 2, the following NOTICE applies to all orders addressing custody pursuant to Minn. Stat. § 518.17, subd. 3a. NOTICE EACH PARTY IS GRANTED THE FOLLOWING RIGHTS: 1. Right of access to, and to receive copies of, school, medical, dental, religious training, police reports, and other important records and information about the minor children. Right of access to information regarding health or dental insurance available to the minor children. 3 Right to be informed by the other party as to the name and address of the school of attendance of the minor children. 4 Right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent-teacher conferences. The school is not required to hold a separate conference for each party, unless attending the same conference would result in violation of a court order prohibiting contact with a party. 5 Right to be notified by the other party of an accident or serious illness of a minor child, including the name of the health care provider and the place of treatment. 6 Right to be notified by the other party if the minor child is the victim of an alleged crime, including the name of the investigating law enforcement officer or agency. There is no duty to notify if the party to be notified is the alleged perpetrator. 7 Right to reasonable access and telephone or other electronic contact with the minor children. FAM301 State ENG Rev 8/15 www.mncounsgov/forms Page 3 of 3 29-FA-22-1265 SIX-MONTH REVIEW HEARING REQUEST INSTRUCTIONS See Minn. Stat. § 518.1781 You have the right to request a review hearing within six months after entry of a decree of dissolution or legal separation or order that establishes child custody, parenting time, or child support. Minn. Stat. § 518.1781 (2006). The form you will need to use to request a review hearing is attached. Purpose of Review Hearing: The purpose of the review hearing is to make certain parties are following the court order regarding parenting time and the payment of child support. The review hearing IS NOT an opportunity to present any other issues or to ask the court to establish or modify custody, parenting time, or support. The court CAN ONLY review parenting time and child support provisions as already established in the order. If there is no court ordered parenting time or child support, the court CANNOT create a parenting plan, establish parenting time, or child support at this review hearing. A petition or motion asking for any other type of relief from the court must be served and filed separately from this request. You may wish to contact an attorney or other legal services provider for more information regarding any other type of relief. Instructions to the Party Requesting the Review Hearing: If you decide to request a review hearing, you must do the following within six months from the date of entry of the order or decree: * remove this cover page and complete the Request for Hearing form. Make enough copies of the form and have it served upon all parties, including the County Attorney's Office, if the county child support enforcement agency (public authority) is a party in the case. Keep a copy of the form for yourself. NOTE: YOU CANNOT HAND DELIVER OR MAIL THE REQUEST FOR HEARING YOURSELF. YOU MUST HAVE SOMEONE ELSE OVER THE AGE OF 18 WHO IS NOT A PARTY TO THE CASE HAND DELIVER OR MAIL THE REQUEST FOR HEARING FOR YOU * return the completed Request for Hearing form and a completed Aflidavit 0f Service form to Court Administration in the county listed at the top of the Request for Hearing form. Court Administration will schedule a hearing and send all parties notice of the hearing date, time, and location. Proof of Child Support Payment: The person who pays support has to provide proof of all the child support payments he/she made. If a party is receiving public assistance or child support enforcement services from the county child support enforcement agency, either party may request that the county child support enforcement agency provide payment information to the parties and the court. Any request made to the county child support enforcement agency must be made at least 14 days before the hearing date. FAM201 State ENG Rev 7/15 www.mncourts.gov/forms Page 1 of 3 29-FA-22-1265 SIX-MONTH REVIEW HEARING REQUEST See Minn. Stat. § 518.1781 State of Minnesota District Court County of: Judicial District: Court File Number: Case Type: Plaintiff / Petitioner (first, middle, last) an d Request for Six Month Review Defendant / Respondent (first, middle, last) Hearing Intervenor Check the box or boxes that apply: Child Support D The other party is not paying child support as ordered. (Briefly explain) Parenting Time provisions D The other party has not complied with the court ordered parenting time as follows: FAM201 State ENG Rev 7/15 www.mncourts.gov/fonns Page 2 of 3 29-FA-22-1265 Ideclare under penalty of perjury that everything that I have stated in this document is true and correct. Minn. Stat. § 358.116. Dated: Signature Name: County and State where signed Address: City/State/Zip: Telephone: E-mail address: FAM201 State ENG Rev 7/15 www.mncourts.gov/forms Page 3 of 3