Motions, Modifications and Enforcement - Frequently Asked Questions

What can I do when I need to talk to the judge?

There are only two ways to talk to the judge:

1. In person, at a hearing scheduled by the judge, with both sides present;

   OR

2. On paper, written in a motion that was given to the other side so that the judge can hear their side of the story too.

Are there things I cannot do?

• Yes, you cannot have one-sided communications with the judge, for example:
  • you cannot call to talk to the judge;
  • you cannot ask the secretary to pass along a message;
  • you cannot write the judge a letter and expect that he or she won't send it to the other side.
• These are called ex parte communications and are forbidden.

Why can't I have one-sided conversations?

• Due Process
  • You have the right to know that something about you is going on in court, AND
  • The right to tell your side of the story
• No ex parte, or one-sided communications
  • These are unfair and not allowed.
  • The court must hear from both sides before it can make a decision

  Note: There may be some emergency situations when ex parte communications are allowed, but generally only when someone's safety is seriously at risk.

What is a motion?

• A motion is the first step in a 3-step process, which is generally referred to as motion practice:

  Motion - filed by the person asking for something, the moving party
  Opposition - filed by the other side (opposing party) saying whether he or she agrees or disagrees with the motion
  Reply - filed by the moving party responding to whatever the opposition said

• In most courts, no paperwork will go to the judge until the time has run for everyone to have their say.

How much time will I have to respond?

• Motion
  When the motion is filed, a copy must be sent or hand-delivered to the other side this starts the clock for the opposition.
• Opposition
  The opposing party has 10 days (plus 3 if the motion was mailed) to respond. They must send a copy of the opposition to the moving party this starts the clock for the reply.
• Reply
  The moving party has 5 days (plus 3 if the opposition was mailed) to reply.

Summary of the timeline for motion practice

Remember: in most cases, the judge will not look at any paperwork until all of this time has run. In other words, a motion may not even go to the judges office until 2-3 weeks after it was first filed.

What forms do I file for a motion?

• Motion
  This is like a one-page cover sheet where you tell the judge what you want and why you want it in a sentence or two. It also tells the judge what other papers you have attached, and includes your certificate of service.
• Affidavit & Memorandum
  This is your sworn statement in which you go into the details of why you deserve what you say you want. Generally, it should be no longer than 10 pages.
• Order
  Write exactly what it is you want the judge to order; you are acting as his or her secretary writing this up. All the judge should need to do is sign it.

What forms do I file for an opposition?

• Opposition
  This is like a one-page cover sheet where you tell the judge what you object to in the moving party's request. It also tells the judge what other papers you have attached, and includes your certificate of service.
• Affidavit & Memorandum
  This is your sworn statement in which you go into the details of why you object to the motion. Generally, it should be no longer than 10 pages.
• Order
  Write exactly what it is you want the judge to order; you are acting as his or her secretary writing this up. All the judge should need to do is sign it.

What forms do I file for a reply?

• Reply
  This is for the person who filed the motion if they want to rebut the opposition. No affidavit is needed, because you do not bring up new facts. Whenever you bring up new facts, you must have an affidavit.

When can I file a motion?

When you need a court order.

• Before trial
  • Interim orders: when you need a court order before the trial.
• After your case is over
  
  • To modify: if there has been a change in circumstances, you may file a Motion to Modify for custody or support.
  • To enforce: if the other party is not following the decree, there are a number of options depending on the situation.

What can I ask for in a pre-trial or interim motion?

• Please see AS 25.24.140 for temporary (also called interim) orders for things like attorney fees and costs, spousal maintenance, child support, use of the marital home, vehicle, etc. and AS 25.20.070 for temporary (also called interim) orders for custody.
• You may also find the following forms helpful depending on your situation:
  • Cases with children
  • Cases without children

How can I modify my decree?

• Property: very rarely
• Spousal support: possibly
• Child custody and support: if there is a change in circumstances
  • For custody, examples include:
    • The original plan was for a 2 year old and now the child is 10 years old
    • One parent is moving making the existing plan impossible
    • An act of domestic violence
  • For child support
    • 15% change in income
    • A change in the parenting plan

How can I enforce my decree?

• Be practical and have reasonable expectations!
• Using the Generic Motion Packet, some options include:
  • Motion to Enforce
  • Motion to Establish Visitation
  • Motion for Sanctions
    AS 25.20.140 (denied visitation)
  • Motion to Reduce to Judgment
  • Motion for an Order to Show Cause (very rarely used)

Is there anything special I need to do with a post-judgment motion?

• Yes.
  • A Notice of Motion, SHC-1630 Word | PDF
  • The Attorney Generals Office must be served if they are enforcing the child support.
• Please Note:
  • The motion packet, DR-700 contains all the forms you need to request a modification of custody, support or visitation.

Other resources

• You can read the laws, rules and regulations online, at your local law library, or at your local legislative information office.
• Key Family Law Citations
• CSSD FAQs
• Local classes
• A private attorney
  • Word of mouth or Lawyer Referral Line
• The Family Law HelpLine

Rev. 20 November 2007 © Alaska Court System www.courts.alaska.gov

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