Instructions
These instructions are to help you
file a motion for modification. Legal words and court documents can be
confusing. The more you know, the more comfortable you will be when you
fill out the necessary court forms and come to court. These instructions will give you some useful information and instructions on filling
out the necessary forms.
Every case is different and this instruction
sheet is to be used as a guide only; if you think you need more help you
may want to get an attorney. You can also go to a
Court Service Center or contact the
Connecticut Network for Legal
Aid or
find additional information at the Law Libraries.
Court staff can answer procedural questions and help you understand the
legal process, but cannot give you legal advice.
To file a motion for Modification
you have to fill out the following 2 forms:
If you want to
modify child support, custody or visitation, you will also
need an:
Once you finish your paperwork, you must
take it to the Superior Court Clerk’s office along with any
required filing fee (a filing fee is required if the case has
already had a judgment entered before you file your Motion for
Modification).
There is a form you can fill out to ask
the court to waive the filing fee if you prove that you cannot
afford to pay the fee to file your Motion for Modification. It
is the
Application For Waiver Of Fees/Payment Of Costs/Appointment Of Counsel - Family
(JD-FM-75). Do not sign this form until you are in front of
a court clerk or a notary public. You can also use this
form to ask the court to pay the State Marshal fee if you prove
that you cannot afford to pay.
The Clerk will sign the “order for hearing and summons”
part of the Motion for Modification and return the original form(s) to
you. On the back/page 2 of the form the Clerk will also write in
the date, time and place of your hearing. You must have copies
of the paperwork delivered to the other party by a State
Marshal. The Clerk’s office or the Court Service Center can give
you a list of State
Marshals. A State Marshal will charge a fee for delivering
the paperwork which you must pay, unless the court has decided
that you do not have to pay.
Once copies of the
paperwork have been delivered to the other party, the original
paperwork must be returned to the Clerk’s office along with proof that the papers were delivered to the other
party. If the court has decided that you do not have to pay the
fees, you
must return the Application For Waiver of Fees/Appointment of
Counsel with your other papers.
The next form you
will have to fill out and bring to court with you is the:
When filling out
your Financial Affidavit it is important to remember that it is
a detailed breakdown of your income, expenses, debts and assets.
You should bring proof of your income and any other documents
you feel may be important to your case with you on your court
date. Do not sign the Financial Affidavit form until you are
in front of a court clerk or a notary public.
On the day of the
hearing on your Motion for Modification be sure to come to court
early because it can take 10 to 20 minutes to get into the
courthouse since everyone must go through a metal detector. Be
sure to bring your filled out court forms and copies of any
other forms you may have filed. Go to your assigned courtroom
and wait for instructions. If you are not sure where to go,
check with the Clerk’s office or Court Service Center.
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