You can use our automated or fillable forms to make filling out the forms easier. You can also get the forms from the court, but they may charge you $5.00. You can also get the forms online on the Maine Judicial Branch website. No matter where you get the forms, you can follow the instructions below.
Filling out the Motion to Enforce (FM-070)
1. First, read the instructions on FM-089. This is not a form you need to file, but tells you how to fill out the forms and what to do with them.
2. To complete the top part of each form, copy from your original judgment or prior order. The location, docket number, and names of plaintiff and defendant stay the same. If you were the plaintiff in the first case, you are still the plaintiff. If you were the defendant, you are still the defendant. If you can't find your old judgment or order, you can buy a copy from the clerk at the court where you had your first case.
3. On the Motion form, if you are asking for enforcement of child support only, check the box under the words “Motion to Enforce.”
4. Under #1, check whether you were the plaintiff or defendant in the first case. Tell the court where you live now and where the other person lives now, unless this information is confidential, or whether you don’t know where the other person lives. You must make reasonable efforts to find the other person.
5. Under #2, fill in the date of the order you are trying to enforce. Check the boxes next to the issues you are looking for the court to enforce. Make sure you check all boxes that apply to you or the court may not let you bring it up later. If you are filing about child support, you will have to file and exchange Form FM-050, Child Support Affidavit.
6. At #3 you have the chance to describe in more detail how the other party has violated the prior court order. You must describe the violation clearly. List the reasons in the same order as they are listed in #2. Be brief, but use a blank piece of paper if you need more space. Put a docket number on any extra pieces of paper and make sure each extra piece of paper is notarized, too.
7. Under #4a, 4b, 4c, and 4d, write down the names of your children, where they live and have lived, unless that information is confidential, and whether there are any other cases that involve the children or anyone else who has a possible right to custody or visitation with the children.
8. Under #4e, answer the questions about your children and whether they have received public assistance benefits. If your children have received TANF, food stamps, SSI, general assistance, or MaineCare, you must send a copy of your motion to DHHS at the address listed on the form by mail.
9. Finally, at #5B, explain specifically what you want the Court to order the other party to do, to set things right. Again, explain this as simply and briefly as you can. Attach another sheet of paper if you need more room, but make sure to put the docket number at the top and have it notarized.
10. Sign and date the motion, state whether you are the plaintiff or defendant, and put your address and phone number unless this information is confidential. This is a sworn document. You must sign the Motion in front of a lawyer, notary public, or court clerk who will notarize your signature. Do the same for any extra pieces of paper you attached to your Motion.
11. On the third page, put the address of the court. The rest of the page is about how you served the other person. You can learn more about service in the next section.
12. Next, complete the other forms in your packet. Fill in all of the blanks. Form FM-089, which are instructions, can help you. We have fillable and automated forms for these, too!
Frequently Asked Questions
Q. If I am afraid of the other party, do I have to say where I am living or what my telephone number is when I fill out the court forms?
A.No. You can write “confidential” where the forms ask for address and telephone. Then ask the clerk for an Affidavit for Confidential Address form (or find it online here). Write down why you think this information must be kept private to keep you or your children safe. Sign it in front of a notary public, the court clerk, or an attorney. Then give it to the clerk along with your other papers. The clerk will then "seal" this information so that the others can't see it. The other party can object to this in writing. if so, the court may hold a hearing to decide whether the clerk must still keep the information secret.