Statutes, codes, and regulations
Minnesota Court Rules
Minnesota General Rules of PracticeTitle IV - Rules of Family Court ProcedurePart B - Expedited Child Support ProcessGeneral Rules
Rule 362 - Settlement
Rule 362.04 - Order Not Accepted

Minn. Gen. R. Prac. 362.04

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As amended through October 28, 2024
Rule 362.04 - Order Not Accepted

The child support magistrate may reject an order filed pursuant to Rule 362.02 if the child support magistrate finds that it is contrary to law, or is unreasonable and unfair. If the child support magistrate rejects the order, the child support magistrate shall prepare a notice of deficiency, stating the reason(s) why the order cannot be signed. The notice of deficiency shall inform the parties of the following options:

(a) to file and serve any missing documents;
(b) to file and serve a revised order;
(c) to file and serve a revised order and attach any missing or additional documents;
(d) to appear at a hearing, notice of which shall be issued by the court administrator;
(e) to appear at the previously scheduled hearing; or
(f) to withdraw the matter without prejudice.

The court administrator shall transmit the notice of deficiency to the parties. The parties shall either correct the deficiency or set the case on for a hearing and serve notice of the date, time, and location of the hearing pursuant to Rule 364. In matters that are pending before the court, if the parties fail to comply with the notice of deficiency within 45 days of the date the notice was transmitted, the child support magistrate shall dismiss the matter without prejudice.

A stipulation or agreement shall be rejected where no underlying file exists. Neither the parties nor the child support magistrate may schedule a hearing without a party first serving and filing a summons and complaint or notice of motion and motion.

Minn. Gen. R. Prac. 362.04

Amended effective 7/1/2015.

Advisory Committee Comment

After an order or a judgment and decree is issued, at a later date parties sometimes amicably agree to modify the order. These agreements are often reached without the serving and filing of any papers. Under such circumstances, the parties are required to reduce the agreement to writing in the form of a stipulation and order which a child support magistrate may accept or reject. If the stipulation and order is rejected, and there is no underlying file, the matter may not be set for hearing until such time as a complaint is filed thus giving the court jurisdiction over the parties.

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