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Rule 370.Establishment of Support Proceedings

Last amended March 1, 2024 · Last verified July 1, 2026

In one sentenceRule 370 sets out how a parent or the county agency starts a case in the expedited process to establish a child support order, covering the summons and complaint, required content, service, and the deadlines that follow through settlement, default, hearing, and decision.

Full Text of Rule 370

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370.01 Commencement An initial proceeding to establish support shall be commenced in the expedited process by service of a summons and complaint pursuant to Rule 370.03. If the summons does not contain a hearing date, a request for hearing form and a supporting affidavit shall be attached to the summons and complaint. In addition to service of the summons and complaint, an order to show cause may be issued pursuant to Minn. Gen. R. Prac. 303.05. Service shall be made at least 21 days before any scheduled hearing.
370.02 Content of Summons, Complaint, Motion, Supporting Affidavit, and Request for Hearing Form
Subdivision 1. Content of Summons. A summons shall:
(a) state the name of the court;
(b) state the names of the parties;
(c) state an address where the initiating party may be served;
(d) state that the purpose of the action is to establish support;
(e) either set a hearing date or attach a request for hearing form;
(f) provide information about serving and filing a written response pursuant to Rule 370.04 and Rule 370.05;
(g) state that all parties shall appear at the hearing if one is scheduled, and state that if any party fails to appear at the hearing the child support magistrate shall proceed pursuant to Rule 365.01;
(h) state that the child support magistrate may sign a default order pursuant to Rule 363.03;
(i) state that a party has the right to representation pursuant to Rule 357;
(j) state that the case may be settled informally by contacting the initiating party, and include the name, address, and telephone number of the person to contact to discuss settlement; and
(k) be signed by the initiating party or that party’s attorney. If there is reason to believe that domestic violence exists or if an order for protection has been issued, the party may provide an alternative address and telephone number. Pursuant to Minn. Stat. § 518.005, subd. 5, in all actions in which public assistance is assigned or the county agency is providing services to a party or parties to the action, information regarding the location of one party may not be released by the county agency to any other party if the county agency has knowledge that one party is currently subject to a protective order with respect to the other party or the joint child, and disclosure has not been authorized, or has reason to believe that the release of the information may result in physical or emotional harm to a party or the joint child.
Subd. 2. Content of Complaint. A complaint shall:
(a) state the relief the initiating party wants the child support magistrate to order;
(b) state the facts and grounds supporting the request for relief;
(c) set forth the acknowledgement required under Rule 379.04; and
(d) be signed by the initiating party or that party’s attorney.
Subd. 3. Content of Motion. A motion shall:
(a) state the specific relief being requested from the court;
(b) provide information about the right to respond and the timing requirements; and
(c) set forth the acknowledgement required under Rule 379.04.
Subd. 4. Content of Supporting Affidavit. A supporting affidavit is required when the summons does not contain a hearing date. The supporting affidavit shall:
(a) state detailed facts supporting the request for relief;
(b) provide all information required by Minn. Stat. § 518.46, subd. 3, paragraph (a), and subd. 3a, paragraph (a), as applicable and if known; and
(c) be either:
(1) signed and sworn to under oath; or
(2) signed under penalty of perjury pursuant to Minn. Stat. § 358.116, provided that the signature is affixed immediately below a declaration using substantially the following language: “I declare under penalty of perjury that everything I have stated in this document is true and correct.” In addition to the signature, the date of signing and the county and state where the document was signed shall be noted on the document.
Subd. 5. Content of Request for Hearing Form. A request for hearing form shall contain the name and address of the initiating party and a short, concise statement that a non-initiating party requests a hearing.
370.03 Service of Summons and Complaint
Subdivision 1. Who is Served. All parties, and the county agency even if not a party, shall be served pursuant to subdivision 2.
Subd. 2. How Served. The summons, complaint, and motion, and if required the supporting affidavit and request for hearing form, shall be served upon the parties by personal service, or alternative personal service, pursuant to Rule 355.02, unless personal service has been waived in writing. Where the county agency is the initiating party, a non-parent who is receiving assistance from the county or who has applied for child support services from the county may be served by any means permitted under Rule 355.02.
370.04 Filing Requirements
Subdivision 1. Initiating Party. No later than 14 days before any scheduled hearing or after the last party was served, the initiating party shall file the following with the court:
(a) the original summons;
(b) the original complaint;
(c) the original motion;
(d) the original supporting affidavit, if served;
(e) the request for hearing form, if returned to the initiating party; and
(f) proof of service upon each party pursuant to Rule 355.04.
Subd. 2. Responding Party. If a noninitiating party responds with a written answer pursuant to Rule 370.05, the following shall be filed with the court no later than 7 days before any scheduled hearing or, if no hearing is scheduled, within 14 days after the last party was served:
(a) the original written answer;
(b) a financial affidavit pursuant to Minn. Stat. § 518A.28 (2006); and
(c) proof of service upon each party pursuant to Rule 355.04.
Subd. 3. Electronic Filing. Where authorized or required by Rule 14 of these rules, documents may, and where required shall, be filed by electronic means by following the procedures of Rule 14.
Subd. 4. Treatment of Confidential Information. To retain privacy, restricted identifiers as defined in Rule 11 (such as Social Security numbers, employer identification numbers, financial account numbers) must be removed from any documents provided under this rule and may only be submitted on a separate Confidential Information Form as required in Rule 11. In addition, non-public documents including, without limitation, financial source documents as defined in Rule 11 (such as tax returns, wage stubs, credit card statements) must be submitted under a cover sheet entitled “Cover Sheet for Non-Public Documents” as required in Rule 11.
370.05 Response
Subdivision 1. Hearing Date in Summons. Inclusion of a hearing date does not preclude a noninitiating party from serving and filing a written answer. Within 21 days from service of the summons and complaint, a noninitiating party may serve upon all parties a written answer to the complaint. The service and filing of a written answer or the failure of a noninitiating party to appear at a hearing does not preclude the hearing from going forward, and the child support magistrate may issue an order based upon the information in the file or evidence presented at the hearing.
Subd. 2. Hearing Date Not in Summons. If the summons does not contain a hearing date, within 21 days from service of the summons and complaint, a noninitiating party shall either:
(a) request a hearing by returning the request for hearing form to the initiating party; or
(b) serve upon all other parties and file with the court a written answer to the complaint. The initiating party shall schedule a hearing upon receipt of the request for hearing form or the service of a written answer.
370.06 Amended Pleadings
Subdivision 1. Service. At any time up to 14 days before a scheduled hearing, the initiating party may serve and file amended pleadings. If no hearing date has been scheduled, the initiating party may serve and file amended pleadings within the time remaining for response.
Subd. 2. Response. If the noninitiating party chooses to respond to amended pleadings, the response must be made within the time remaining for response to the original pleading or within 14 days after service of the amended pleadings, whichever period is longer, unless the court otherwise orders.
370.07 Fees A filing fee shall be paid pursuant to Rule 356 upon the filing of:
(a) the summons, complaint, and motion; and
(b) the written answer, if any.
370.08 Settlement Procedure The parties may settle the case at any time pursuant to Rule 362.
370.09 Default Procedure An action to establish support may proceed by default pursuant to Rule 363.
370.10 Hearing Procedure Any hearing shall proceed pursuant to Rule 364. If the summons contains a hearing date, all parties shall appear at the hearing. If a party fails to appear at a hearing for which notice was properly served, the child support magistrate shall proceed pursuant to Rule 365.01.
370.11 Decision and Order The decision and order of the court shall be issued pursuant to Rule 365.
370.12 Review and Appeal Motions to correct clerical mistakes, if any, shall proceed pursuant to Rule 375. Review, if any, shall proceed pursuant to Rule 376. Appeal, if any, shall proceed pursuant to Rule 378.
End

Advisory Committee Comments

Advisory Committee Comment—2008 Amendment

Rule 370.02, subd. 3, is amended to update the statutory reference to reflect the recodification, effective on January 1, 2007, of portions of the relevant statutes that became part of Minn. Stat. ch. 518A. Pursuant to Minn. Stat. § 518.46, subd. 2(c), for all cases involving establishment or modification of support, the pleadings are to contain specific information. At times, it may be necessary to attach additional supporting documents. Each county should establish its own local policy regarding the attachment of supporting documents.

Advisory Committee Comment – 2023 Amendments

Rule 370.02 is modified in 2023 to require a motion to commence a support proceeding and to recognize the statutory limits on the public authority’s disclosure of address information pursuant to Minn. Stat. §§ 518.005, subd. 5, and 257.70(b).

Amendment History

  • (Amended effective January 1, 2020.)
  • (Amended effective November 22, 2023.)
  • (Amended effective November 22, 2023.)
  • (Amended effective March 1, 2024.)
  • (Amended effective January 1, 2020.)
  • (Amended effective January 1, 2020.)
  • (Amended effective November 22, 2023.)

Plain-English Summary

Rule 370 opens a child support case in Minnesota’s expedited process, the administrative track that puts these cases in front of a child support magistrate rather than a district court judge in the first instance. The initiating party, often the county child support agency, starts the case by serving a summons and complaint, and must serve everyone at least 21 days before any hearing already on the calendar. Service generally has to be personal or alternative personal service under Rule 355.02, though a party can waive personal service in writing; when the county agency is the initiating party, a non-parent who already receives the county’s assistance or has applied for its child-support services can be served by any means Rule 355.02 allows. If the summons does not yet carry a hearing date, the initiating party has to attach a request for hearing form and a supporting affidavit, so the other side has a way to trigger a hearing later.

The rule spells out exactly what the summons, complaint, motion, and any supporting affidavit must say. The summons has to identify the court and parties, explain that the case seeks a support order, tell the other party how to respond, and warn them plainly: skip a scheduled hearing and the magistrate can proceed without you, ignore the case entirely and a default order can follow, but a party also has the right to bring a lawyer. The complaint states the relief sought and the facts behind it; the affidavit, required whenever the summons has no hearing date yet, has to be sworn or signed under penalty of perjury.

Filing is a separate step from service, with its own deadline. The initiating party has to file the original summons, complaint, motion, any supporting affidavit that was served, the request for hearing form if one came back, and proof of service, no later than 14 days before a scheduled hearing or after the last party was served. A party who answers has to file that written answer, along with a financial affidavit, no later than 7 days before the hearing, or within 14 days after the last party was served if no hearing is on the calendar yet. Filing also comes with a fee under Rule 356, charged when the summons, complaint, and motion are filed, and again if a written answer is filed.

Once the case is open, it can settle at any point, proceed by default if a party never answers or appears, or go to a hearing before the magistrate. Amended pleadings are allowed up to 14 days before a scheduled hearing, and the other side then gets at least that same 14 days, or whatever time was left to respond, to answer the changes. Whatever the magistrate ultimately decides can be corrected for clerical errors, reviewed, or appealed through the process built for that purpose.

Frequently Asked Questions

Who starts a support case in the expedited process?

Either the county child support agency or a parent may serve as the initiating party. Whoever starts the case serves the summons and complaint on everyone else and, when the county agency is not already a party, serves the agency too.

What happens if I don’t respond to the summons and complaint?

Nothing stops the case from moving forward. If you were properly served and skip a scheduled hearing, the magistrate must proceed without you and decide the case on the record already in front of it, and the magistrate may also sign a default order against you if you never answer or appear at all.

How much notice do I get before the hearing?

The rule requires service of the summons and complaint at least 21 days before any hearing already on the calendar, a deadline that counts backward from the hearing date and binds the initiating party. If the summons does not yet have a hearing date, the noninitiating party faces a different 21-day clock that runs forward from service instead: within that time, that party must either request a hearing using the form or serve and file a written answer. A response is only optional, rather than required, when a hearing date is already set in the summons.

Can the parties settle instead of going to a hearing?

Yes. The rule lets the parties settle the case at any point after it is filed, informally or through the initiating party’s own contact information listed on the summons, without waiting for a scheduled hearing date.

Can I change my pleadings after filing them?

Yes, up to 14 days before a scheduled hearing. The other party then has at least 14 days to respond to the changes, or whatever time was left on the original deadline, whichever gives them longer.

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. 370). 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: establishing child support in Minnesotaexpedited process summons and complainthow to start a child support casechild support magistrate summonsdefault order for child support