Rule 308.Final Order, Judgment, or Decree

Last amended September 1, 2018 · Last verified July 1, 2026

In one sentenceRule 308 requires every family court decree awarding child support or maintenance to carry the notices Minnesota Statutes section 518.68 lists, and directs a copy to the child support enforcement agency whenever a party is receiving or has applied for public assistance.

Full Text of Rule 308

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308.01 Notices; Service

(a) Awards of Child Support and/or Maintenance. All orders, judgments, and decrees that include awards of child support or maintenance, unless otherwise directed by the court, shall include the provisions set forth in Minnesota Statutes section 518.68 (Appendix A).

(b) Public Assistance. When a party is receiving or has applied for public assistance, the party obtaining the judgment and decree shall serve a copy on the agency responsible for child support enforcement, and the decree shall direct that all payments of child support and spousal maintenance shall be made to the Minnesota Child Support Central Payment Center for as long as the custodial parent is receiving assistance.

(c) Child Support Enforcement. When a private party has applied for or is using the services of the local child support enforcement agency, a copy of the decree shall be served by mail or other authorized means by the party submitting the decree for execution upon the county agency involved. The party may serve the copy of the decree by electronic means if the county agency has agreed to accept service by electronic means.

(d) Supervised Parenting Time or Visitation. A copy of any judgment and decree or other order directing ongoing supervision of parenting time or visitation shall be provided to the appropriate agency by the party obtaining the decree or other order.

308.02 Statutorily Required Notices Where statutes require that certain subjects be addressed by notices attached to an order or decree, the notices may be set forth in an attachment and incorporated by reference. The attachment may be physically attached (e.g., by staple) if in paper form or, if in electronic form, it may be set forth in the same electronic document or in a separate electronic document that accompanies the order or decree when filed with or distributed by the court. Notwithstanding the absence of language referencing the attachments, they shall be deemed incorporated by reference.

308.03 Sensitive Matters Whenever the findings of fact include private or sensitive matters, a party may submit a judgment and decree supported by separate documents comprising findings of fact, conclusions of law, and order for judgment.

308.04 Joint Marital Agreement and Decree The parties to any marital dissolution proceeding may use a combined agreement and judgment and decree. A judgment and decree that is subscribed to by each party before a notary public, or signed by each party under penalty of perjury pursuant to Minn. Stat. § 358.116, and contains a final conclusion of law with words to the effect that “the parties agree that the foregoing Findings of Fact and Conclusions of Law incorporate the complete and full agreement” shall, upon approval and entry by the court, constitute an agreement and judgment and decree for marriage dissolution for all purposes. (Amended effective May 23, 2016).

End

Advisory Committee Comments

Family Court Rules Advisory Committee Commentary*

Minnesota Statutes, section 518.551 requires that maintenance or support must be ordered payable to the public agency so long as the obligee is receiving public assistance.

Agencies responsible for enforcement of child support in private cases also require a copy of the judgment and decree.

*Original Advisory Committee Comment--Not kept current.

Task Force Comment--1991 Adoption

Subdivision (a) of this rule is derived from existing Rule 7.01 of the Rules of Family Court Procedure. The list of provisions is not set forth in this rule, as it was set forth in full in new Minn. Gen. R. Prac. 303.06.

Subdivision (b) is derived from Rule 7.02 of the Rules of Family Court Procedure, and also in part from Second District Local Rule 7.021.

Subdivision (c) is derived from Second District Local Rule 7.022.

Subdivision (d) of this rule, replacing existing Rule 7.03 of the Rules of Family Court Procedure, was recommended to the Task Force by the Minnesota State Bar Association Family Law Section.

Family Court Rules Advisory Committee Commentary*

See Rule 10.01, Form 3, for the concept of the form of the attachment.

*Original Advisory Committee Comment--Not kept current.

Task Force Comment--1991 Adoption

This rule is derived from existing Rule 7.04 of the Rules of Family Court Procedure.

Advisory Committee Comment—2018 Amendments

The amendment to Rule 308.02 in 2018 establishes an electronic corollary to stapling an attachment to a signed order. When orders are signed without the attachments being included as a referenced attachment to an order or decree, the historical practice has been to simply staple the attachments to the orders when distributed by the court. When the order or decree is in electronic form, physically adding the attachments to the same document after a judge electronically signs will render the signature subject to challenge as the document will indicate that it has been changed. The electronic corollary to stapling the order to the already signed order or decree is to set it forth in a separate electronic document and add it to the case record, and send a notice to the parties that explains this.

Task Force Comment--1991 Adoption

The Task Force recommends repeal of existing Rule 7.05 of the Rules of Family Court Procedure because the requirement for findings is well established by the common law, and a rule recodifying the settled law is surplusage.

The recommended rule is patterned after Second District Rule 7.051. Its purpose is to allow sensitive factual and legal matters to be preserved in separate documents so that the need for disseminating confidential and sensitive matters can be minimized. This rule does not create a right to maintain the privacy of any portion of the findings; it allows the court to create documents that may be useful for some public purposes without including all other parts of the findings.

Advisory Committee Comments—2007 Amendment

Rule 308.04 is new. The rule allows parties in any marriage dissolution proceeding, whether commenced by petition or joint petition, to use a combined marital termination agreement and judgment and decree. The primary benefit of this procedure is to reduce the risk of discrepancy between the terms of a marital termination agreement and the judgment and decree it purports to authorize. This procedure should benefit both the parties and the court in streamlining the court procedure where the parties are in agreement. The rule permits the parties to use this procedure by agreement, but does not require its use.

The procedure in Rule 308.04 is similar to the procedure for use of combined Joint Petition, Agreement and Judgment and Decree under Rule 302.01(b)(2), but it is available in all cases where the parties agree on all issues (the Rule 302 procedure may be used only in cases not involving children).

The use of this procedure will result in the marital termination agreement becoming an integral part of the judgment and decree, which will render it a public record. To the extent the parties’ agreement contains confidential information, they should consider alternative methods of protecting that information, such as use of separate documents as provided for in Rule 308.03 so the agreement is not filed or the use of the confidentiality protection procedures contained in Minn. Gen. R. Prac. 11.

Advisory Committee Comment—2012 Amendment

Rule 308.02 refers to statutory notice. The legislature has established numerous forms of notice including those required by Minn. Stat. § 518.68. These requirements are met in a two-page notice form, which is known as Appendix A and labeled as FAM 301 on the state court website (www.mncourts.gov, under “Court Forms” click on “Other”).

Rule 308.04 allows parties in any marriage dissolution proceeding, whether commenced by petition or joint petition, to use a combined agreement and judgment and decree. The agreement is often termed a “marital termination agreement,” but that label is not required by the rule. The primary benefit of this procedure is to reduce the risk of discrepancy between the terms of a marital termination agreement and the judgment and decree it purports to authorize. This procedure should benefit both the parties and the court in streamlining the court procedure where the parties are in agreement. The rule permits the parties to use this procedure by agreement, but does not require its use.

The procedure in Rule 308.04 is similar to the procedure for use of a combined Joint Petition, Agreement and Judgment and Decree under Rule 302.01(b)(2), and is available in all cases where the parties agree on all issues. The use of this procedure will result in the marital termination agreement becoming an integral part of the judgment and decree, which will render it a public record. To the extent the parties’ agreement contains confidential information, they should consider alternative methods of protecting that information, such as use of separate documents as provided for in Rule 308.03 so the agreement is not filed or the use of the confidentiality protection procedures contained in Minn. Gen. R. Prac. 11.

Advisory Committee Comment—2016 Amendment

The Court made numerous changes to the court rules in 2015 to allow use of signature under penalty of perjury in lieu of notarization for most court documents where notarization was previously required. These changes followed the 2014 adoption of Minn. Stat. § 358.116 (2014) (codifying 2014 Minn. Laws ch. 204, § 3). The advisory committee is not aware of any good reason to require that this form be signed before a notary public, and therefore recommends adding the joint marital agreement and decree to the list of forms for which verification under penalty of perjury in accordance with the statute is sufficient.

Amendment History

(Amended effective July 1, 2015.)
(Amended effective September 1, 2018.)

Plain-English Summary

Rule 308 makes sure a family court decree doesn't leave out notices Minnesota law requires. Any decree awarding child support or maintenance has to include the provisions Minnesota Statutes section 518.68 spells out, unless the court directs otherwise, and those notices can live in a separate attachment that's incorporated by reference rather than retyped into the order itself — whether that attachment is stapled to a paper order or filed as its own electronic document alongside a signed one.

Once support is ordered, copies have to reach the right agency. If a party is receiving or has applied for public assistance, the decree goes to the agency responsible for child support enforcement, and payments are directed to the state's central payment center for as long as the custodial parent stays on assistance. If a private party is instead using a county child support enforcement agency's services, that agency gets a copy too — by mail or, if it has agreed to accept it that way, electronically. Any order for supervised parenting time or visitation likewise goes to whatever agency is handling the supervision.

Where the findings touch private or sensitive matters, a party can keep them in separate supporting documents rather than folding everything into the decree itself. And couples who agree on every issue don't need separate documents at all: they can combine their agreement and the judgment and decree into one paper, signed under penalty of perjury or before a notary, that says outright the findings and conclusions capture their complete agreement.

Frequently Asked Questions

What notices must a Minnesota family court decree include for child support or maintenance?

The provisions Minnesota Statutes section 518.68 requires, unless the court directs otherwise, though they can be set out in an attachment incorporated by reference instead of retyped into the order.

Does a child support decree have to be sent to a government agency?

Yes, whenever a party is receiving or has applied for public assistance, or a private party is using a county child support enforcement agency's services.

Can sensitive findings in a divorce case be kept out of the public decree?

Yes. A party may submit the sensitive findings of fact, conclusions of law, and order for judgment as separate supporting documents rather than including them in the decree.

What is a joint marital agreement and decree?

A single document, signed under penalty of perjury or before a notary, that combines the parties' settlement agreement with the judgment and decree and states that the findings capture their complete agreement.

Who receives a copy of an order for supervised parenting time?

The agency responsible for handling the supervision, provided by the party who obtained the order.

Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the official Minnesota Rules of Family Court Procedure (Minn. R. Gen. Prac. 308). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: notices required in Minnesota divorce decree518.68 notice family courtjoint marital agreement and decreesensitive findings separate document divorcechild support decree service on agency