Sunday, July 29, 2007

Court Rules

Recent Rules Orders

6/29/2007 (Effective August 1, 2007): Supreme Court Promulgates Amendments to the Minnesota General Rules of Practice for the District Courts, Title IV, Rules of Family Court, Form 3 - Appendix A

06/26/2007 (effective July 1, 2007): Supreme Court Promulgates Amendments to the Rules of Juvenile Protection Procedure and the Rules of Adoption Procedure

05/21/2007 (effective July 1, 2007): Supreme Court Promulgates Amendments to Rules Of Civil Procedure

04/30/2007 (effective July 1, 2007): Supreme Court Promulgates Amendments to Rules of Public Access to Records of the Judicial Branch

2/15/2007 (effective April 1, 2007): Order Promulgating Amendment To The Rules Of Criminal Procedure

1/08/2007 (effective January 1, 2007): Order Promulgating Corrective Amendments to the Rules of Juvenile Protection Procedure

12/29/2006 (effective January 1, 2007): Order Promulgating Amendments To General Rules Of Practice

12/29/2006 (effective July 1, 2007): Order Promulgating Amendments To The Rules Of Professional Conduct

12/29/2006 (effective January 1, 2007): Order Promulgating Corrective Amendments To The Rules Of Adoption Procedure, The Rules Of Guardian Ad Litem Procedure In Juvenile And Family Court, And The Rules Of Juvenile Protection Procedure |

Order Promulgating Amendments To The Rules of Juvenile Protection Procedure, The Rules of Adoption Procedure, The Rules of Guardian Ad Litem Procedure, and Related Guardian Ad Litem Rules (effective Jan. 1, 2007)

Order Promulgating Corrective Amendments to Rule 8, General Rules of Practice

Order Promulgating Corrective Amendments to Rule 50, Rules of Civil Procedure.

Order Promulgating Corrective Amendments To Form 508.1 Of The General Rules Of Practice

Order Promulgating Amendments To Rules Of Civil Procedure And Related Amendments To General Rules Of Practice And Rules Of Civil Appellate Procedure

Order Promulgating Amendments To General Rules Of Practice

PUBLIC ACCESS

APPELLATE

Minnesota Rules of Civil Appellate Procedure: HTML, Word DOC, Adobe PDF

Appendix of Forms

CIVIL

Minnesota Rules of Civil Procedure: Word DOC, Adobe PDF

Appendix of Forms

CRIMINAL

Minnesota Rules of Criminal Procedure (Effective 4/1/2007): Word DOC, Adobe PDF

Appendix of Forms

EVIDENCE

Minnesota Rules of Evidence: Word DOC, Adobe PDF

JUVENILE DELINQUENCY

Minnesota Rules of Juvenile Procedure (Delinquency, Juvenile Petty Offenses and Juvenile Traffic) Effective 1/1/2007: Word DOC, Adobe PDF

Appendix of Forms

GUARDIAN AD LITEM

Minnesota Rules for Guardian Ad Litem Procedure

JUVENILE PROTECTION

Minnesota Rules of Juvenile Protection Procedure (with amendments effective July 1, 2007): Word DOC, Adobe PDF

ADOPTION PROCEDURE

Minnesota Rules of Adoption Procedure (with amendments effective July 1, 2007): Word DOC, Adobe PDF

GENERAL RULES OF PRACTICE

Minnesota Rules of Professional Conduct


Programs and Services

The Minnesota Judicial Branch offers a variety of programs and services to District Courts and members of the public:

  • Alternative Dispute Resolution, a process which provides alternative methods to help people resolve legal problems before going to court;
  • Application process for Bail Bond Agents;
  • The Children's Justice Initiative, a collaboration between the Minnesota Supreme Court, the Minnesota Department of Human Services, and child protection system stakeholders in each county, including judges, social workers, county attorneys, guardians ad litem, attorneys for parents and children, and other key stakeholders, designed to improve the processing of child protection cases and the outcomes for abused and neglected children;
  • The Court Interpreter Program, which regulates the certification process of court interpreters and the policies for the use of interpreters in the courtroom;
  • The Expedited Child Support Process, an expedited judicial process for deciding paternity and child support matters for parties who either receive public assistance or formerly received public assistance, or have applied for child support enforcement services;
  • The Guardian Ad Litem Program, which provides advocates who represent the best interests of abused and neglected children in court; and
  • Minnesota State Law Library, a full service legal research and information center, serving the bench, the bar, and the public since 1849.

Court Forms

To be sure you have all the forms required to handle a specific legal problem, click on the [Packet] title, and then download every form that appears in the packet list. CAREFULLY READ THE INSTRUCTIONS for the packet so you fill out and file the forms correctly.

NOTE: The information provided here is not a substitute for legal advice. You are strongly encouraged to speak with an attorney. Please read the Court Forms Disclaimer. If you have questions about the forms, contact Forms Staff.

Court Forms Categories:


NEW! Child Support Law Changes in 2007

IMPORTANT NOTICE!

Starting January 1, 2007, child support will be calculated under a new formula called "INCOME SHARES." This formula will only be used in cases filed AFTER January 1, 2007. Read the new law at Minnesota Statutes, Chapter 518A.26.


During 2007

The new Income Shares formula will be applied in any marriage dissolution (divorce), legal separation, paternity action, or other action where child support is ordered for the first time, or changes an existing child support order. The Income Share formula applies to all cases filed in court after January 1, 2007.

Pre-existing child support orders will not automatically change because there is a new law. For one year starting January 1, 2007, modifications of pre-existing child support orders are allowed only in limited situations, or if the parties agree to change the support. See Limits to Modifying Existing Orders in 2007.

Key Terms

  • The general legal concept of "child support" is made up of three (3) parts:

1) basic support = costs for a child's housing, food, clothing, transportation, and education costs, and other expenses to care for the child

2) medical support = health insurance and other medical/dental costs

3) child care support = child care costs when parents go to work or school

  • "Joint child" is a dependent legal child of both parents in the support action.
  • "Non-joint child" is a dependent legal child of one, but not both parents, in a support action. [NOTE: A step-parent is not considered the "legal" parent of his/her step-child, unless the step-parent legally adopted the child.]

Important Factors

  • The Income Shares formula includes the gross income of BOTH parents in figuring the amount of child support.
  • The amount of court-ordered parenting time (visitation) is considered in calculating "basic support." If a parent has the child between 10% and 45% of the time, the parent gets a 12% adjustment (reduction) in child support owed. If the parenting time is less than 10%, there is no adjustment to child support. Percentage of time is generally calculated by counting overnights the child spends with the parent.
  • The law presumes that both parents can or should work and earn an income. The Income Shares formula considers this "potential income" as a factor in determining support.
  • By law, if the parties do not provide specific details about their income, the court will set child support based on other available evidence, including past work experience, the current legal minimum wage, or it will set a minimum amount provided for in the law.

Online Calculator

The Child Support Enforcement Division of the Minnesota Department of Human Services created an online calculator with instructions to figure out the amount of child support under the new law. Click Child Support Calculator to go to their website.

Financial Affidavit Form Required

If parents with joint children are parties to a court action involving child support, the law now requires that each parent complete a Financial Affidavit showing all sources of income. See the law at Minn. Stat. 518A.28. Each parent must serve the other party and file the Financial Affidavit with the court along with their initial pleadings or motion documents. A party must use the Financial Affidavit form provided by the Department of Human Services, and the form and instructions can be downloaded from the DHS website by clicking Financial Affidavit Form.

Links to More Child Support Information

« Back to Child Support Home

« Back to Divorce, Custody & Family Law Home


« Back to SHC Home



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Justice Agency Resources

This web page includes resources that are useful to the courts and to various justice agencies. Some of these resources are web pages maintained by the courts, and others are links to web pages maintained by other agencies.







1 comment:

knicksgrl0917 said...

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