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What if I Disagree with the Court Order

NOTE: The forms and information below apply to "EX PRO" child support cases only.

How to Correct Clerical Mistakes

If a case involves the county child support office and a party thinks the order has a mistake with names, incomes, calculations, spelling, etc., the party could file a Motion to Correct Clerical Mistakes (ex pro) with the court. Family Court Rule 377.02 requires a party to serve and file the Motion to Correct as soon as possible after discovering the mistake. The other parent can file forms called Response to Motion to Correct Clerical Mistakes (ex pro).

How to Ask for Review of a Recent Order

After the hearing (usually within 30 days), the court will serve the parties (usually by mail) with a document called "Notice of Entry of Order" along with a copy of the Order. If the case involves the county child support office and a parent wants the magistrate (or judge) who issued the order to:

  • amend (change) the terms of the order,
  • look at new evidence, or
  • grant a new hearing based on errors made by the court,

that parent could file a Motion for Review (ex pro). This form can be used to ask for just a review, or for a review combined with clerical mistakes. You may NOT use these forms to bring other issues to the court.

The Motion must be filed with the court and served on the other parties within 20 days from when the court served the Notice of Entry of Order. You can add 3 days if you got the Notice from the court by mail. See Family Court Rules 377.02 and 354.04

The other parent can file forms called Response to a Motion to Review (ex pro).

Appeal to the Minnesota Court of Appeals

Appealing a case to the Court of Appeals is very difficult, so you should get help from a lawyer. Court employees cannot give advice on how to handle your appeal. Find more resources on our website at Appealing a Case in Minnesota Courts, and also at the MN Court of Appeals Self-Help Center.

A final child support order may be appealed to the MN Court of Appeals as explained in Family Court Rule (ex pro) 378, but knowing when an order is "final" and if you meet the requirements for appeal requires legal advice that you need to get from a lawyer. The appeal process must be started within 60 days of the date the court administrator serves upon the parties the Notice of Filing of Order or Notice of Entry of Judgment. See MN Rules of Appellate Procedure.

 

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