Get Fm Motion Nj Family Court Form Open Editor Here

Get Fm Motion Nj Family Court Form

The FM Motion NJ Family Court form is a critical document for individuals seeking to modify or enforce an order post-judgment in family court matters. It is designed to address a range of issues, from adjusting child support or alimony payments to changing custody arrangements or visitation schedules. The packet is intended for those whose case is categorized under "FM" and provides a structured process to request action from the court.

Open Editor Here
Content Overview

The Family Multi-Purpose Post-Judgment Motion Packet, notably updated on September 3, 2013, serves as a crucial tool for individuals seeking to modify or enforce an existing court order relating to family matters in New Jersey, or to request other related actions post-judgment. Designed for a range of family court matters, this packet is particularly pertinent for cases identified with an "FM" docket number, covering motions that include, but are not limited to, adjustments in child support or alimony payments, changes in custody or visitation arrangements, and the enforcement of litigants' rights. Individuals looking to address issues such as child emancipation, medical expense reimbursement, or even change the venue of their case will find this packet essential. However, it is not intended for cases where direct payment of child or spousal support is the sole issue. The packet furnishes comprehensive guidance, including descriptions of each motion type, stipulations for who should utilize this resource, and detailed instructions on completion and submission processes. It emphasizes the importance of delivering copies of motions to the relevant parties within specific timeframes and encourages thorough preparation by gathering all pertinent documents related to one’s case. Furthermore, it briefly touches on the option for cross-motions and reconsiderations of previous orders, embodying an invaluable resource for self-represented litigants navigating the complexities of post-judgment modifications in New Jersey’s family court system.

Document Sample

Revised September 3, 2013

Family – Multi-Purpose Post judgment

Motion Packet

How to Ask the Court to Change/Enforce an Order in Your Case, or Request

Another Related Action in Your Case

(Family Multipurpose Post-Judgment Motions)

Who should use this packet?

Use this packet if you have an order from the court that you want to have changed or enforced in your divorce or you need to file a motion related to another Family Court Matter under R. 5:5-4. If your case begins with a “FD” docket number do not use this packet. You must follow the “FD” (Non dissolution) Application Process available at njcourts.com.

Some types of motions you can use this packet for are:

A Motion to Increase or Decrease Child Support payments (FM cases only)

A Motion to Increase or Decrease Alimony or Spousal Support payments. (FM Cases only)

A Motion to Change the Custody arrangements of a minor child (FM cases only)

A Motion to Change the Visitation/Parenting Time arrangements in your case (FM cases only)

A Motion to Enforce Litigants’ Rights. (This includes enforcing custody, visitation, child support and alimony or spousal support payment orders) (FM cases only)

A Motion for Emancipation of a Child (Termination of child support obligation) (FM cases only)

A Motion for Reimbursement of Medical Expenses (FM cases only)

A Motion for a Change of Venue (FM cases only)

A Motion for Reconsideration of a Family Court Order (FM cases only)

A Motion for Relocation of children (FM cases only)

A Cross-Motion responding to one of the Motions listed above.

Other Miscellaneous Family Court Motions governed by Court Rule 5:5-4

Please read page 2 for a description of the motions listed above.

DO NOT complete this packet if your court order requires payment of child support, alimony or spousal support directly to you and your only request is that these payments be made through the Probation Division. In this case, you should contact your county Family Division directly.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

page 1 of 28

What do you need to complete this packet?

Read all instructions on pages 7-15 before starting to complete the forms. Read the definition of terms on page 6 to help you understand the words used in this packet. Gather copies of any signed orders, written agreements, Judgments of Divorce, Case Information Statements, and papers that relate to your case, before starting to fill out the packet. This information is needed to complete the attached forms.

Note: Complaints, motions and other papers submitted to the court must be in English

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

page 2 of 28

Descriptions of Motions That You Can File With This Packet

Motion to Increase or Decrease Child Support payments (FM only):

If you are receiving child support payments, you can file this motion to ask the court to increase the amount of child support you are receiving. If you are paying child support, you can use this packet to file a motion to ask the court to decrease the amount of child support you have to pay.

Motion to Increase or Decrease Alimony payments (FM only):

If you are receiving alimony, you can file this motion to ask the court to increase the amount of alimony payments you are receiving. If you are paying alimony, you can use this packet to file a motion to ask the court to decrease the amount of alimony you have to pay.

Motion to Change the Custody Arrangements of a minor child (FM only):

If a judge in your case has issued a custody order which outlines the custody arrangements between you and the other party, and you wish to change that arrangement, you can use this packet to ask the court to change its custody order.

Motion to Change Visitation/Parenting Time arrangements (FM only):

If a visitation and/or parenting time arrangement has been previously established in your case and you wish to change this arrangement, you can use this packet to ask the court to make a minor or major change to that arrangement.

Motion to Enforce Litigants’ Rights (FM only):

If you have obtained a court order in your case directing the other party to do something or not do something and the other party is not following the court’s order, you can use this motion to ask the court to ensure that the other party does so.

Motion for Emancipation of a Child (FM only):

If you have been paying child support for your child and you think that your child is no longer entitled to receive child support, you can use this packet to request the court to end your support obligation. This motion is usually filed when the child turns 18 or is no longer a full time student, whichever is the last to occur.

Motion for Reimbursement of Medical Expenses (FM only):

If you have paid certain medical expenses for your child and you wish to seek reimbursement from the other party for these expenses, you can use this packet to ask the court to order the other party to reimburse you for these medical expenses.

Motion for a Change of Venue (FM only):

If you want to request the court to change the county in which all future filings pertaining to your divorce will be heard, you must request a change of venue.

Cross-Motion responding to one of the Motions listed above (All Cases):

A cross-motion is a motion filed by the party responding to the original motion. A motion may be filed in addition to the opposition to the original motion. The cross-motion asks the court to order something be done for the party responding to the original motion.

Motion for Reconsideration of a Previous Court Order (All Cases):

A motion for reconsideration is used to request the court to reconsider a decision it has rendered within 20 days of a signed court order issued to you. A motion for reconsideration is filed in court and reviewed by the same judge that made the decision you are requesting to be changed. You may also file an appeal

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

page 3 of 28

in the Appellate Court within 45 days after the court has issued an order. That is a different process. Read the instructions about an appeal in the contained in this packet

Miscellaneous Motions Governed by Court Rule 5:5-4 (Other Family Motions)

This packet may be used for motions not listed above but require court consideration and a Family Court Judge’s decision.

What deadlines do you need to meet?

You must tell the other party in writing when you are requesting the motion be heard by the court. That notice must include the time and date of the scheduled motion hearing. Refer to the motion date on your Notice of Motion (Form A) to understand your deadlines.

You must get the papers to the other person in the case or to his/her lawyer at least 24 calendar days before the motion is scheduled to be heard by the court. NOTE: If you are sending your motion by mail, you must mail it at least 27 calendar days before the motion is scheduled to be heard by the court. This allows 3 calendar days for mailing and delivery.

These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect the current New Jersey statutes and court rules. The most recent version of the forms will be available at your county courthouse or on the Judiciary’s Internet site (njcourts.com). However, you ultimately are responsible for the content of your court papers.

Send completed forms to the Family Court that issued the order you are trying to

change or that last heard case. You will find all Family Court addresses on

njcourts.com.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

page 4 of 28

Things to Think About Before You Try to Represent Yourself in Court

Try to Get a Lawyer

The court system can be confusing and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found in your local yellow pages under “Legal Aid” or “Legal Services.”

If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. The telephone number can also be found in your local yellow pages. Most county bar associations have a Lawyer Referral Service. The county bar association Lawyer Referral Service can supply you with the names of attorneys in your area willing to handle your particular type of case and sometimes consult with you for a reduced fee.

There are a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask the Family court staff in your county for a list of lawyer referral services that include these organizations.

What You Should Expect If You Represent Yourself

While you have the right to represent yourself in court, you should not expect special treatment, help, or attention from the court. The following is a list of things court staff can and cannot do for you.

We can explain and answer questions about how the court works.

We can tell you what the requirements are to have your case considered by the court.

We can give you some information from your case file.

We can provide you with samples of court forms that are available.

We can provide you with guidance on how to fill out forms.

We can usually answer questions about court deadlines.

We cannot give you legal advice. Only your lawyer can give you legal advice.

We cannot give you an opinion about what will happen if you bring your case to court.

We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service.

We cannot talk to the judge for you about what will happen in your case.

We cannot let you talk to the judge outside of court.

We cannot change an order issued by a judge.

Keep Copies of All Papers

Make and keep for yourself copies of any signed orders, written agreements, Judgments of Divorce, Case Information Statements, and other important papers that relate to your case.

Delivering Papers to the Correct People The instructions in this packet will tell you to mail or deliver copies of all letters, motions, certifications, orders or other papers to the lawyer representing the other person in the case. However, if the other person in the case does not have a lawyer and is representing himself or herself, then you must send those copies to that person.

If you mail your papers, we strongly recommend that you send them both simultaneously by both certified and regular mail, with return receipt requested, to the other party. This will provide you with a post office receipt and green card that can serve as proof of service. Your post office can tell you how to

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

page 5 of 28

send things by certified mail, return receipt requested.

These Papers Are for Filing a Motion The word motion used in this packet means a written request in which you ask the court to change or enforce an order it has already made. The court will change an order only if important facts or circumstances have changed from the time the order was issued. This is different from an appeal. This packet can also be used to request other case related actions by the court. These requests must be specific to your individual case governed by Court Rule 5:5-4.

If You Want to File an Appeal, Not a Motion

An appeal is a written request asking a higher court to look at the decision of the judge and change that judge's decision. You must make that written request for an appeal within 45 days after the judge decided the case and signed a judgment in the Superior Court.

If you want to file an appeal of a court order, do not use this packet of materials. Instead you should contact the Appellate Division in writing or by phone at:

Appellate Division, Superior Court,

Hughes Justice Complex

P.O. Box 006,

Trenton, NJ 08625-0006

Their telephone number is (609) 292-4822. The Appellate Division staff will provide you with information on how to file an appeal.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

page 6 of 28

Definitions of Some Words Used in This Packet

Affidavit: An affidavit is a notarized written statement made to the court when you file papers with the court swearing that the information contained in the filed papers is true.

Appeal: An appeal is a written request asking a higher court to look at the decision of the judge and change that judge’s decision.

Arrears: The word arrears means unpaid or overdue child support, alimony or spousal support payments.

Caption: The caption is how the parties’ names were written in the original papers filed for your divorce. If you were the plaintiff or defendant you are still the plaintiff or defendant for all subsequent filings

Certification: A certification is a written statement made to the court when you file papers with the court, swearing that the information contained in the filed papers is true.

Defendant: The defendant is the person against whom the court action was originally filed.

Exhibits: Exhibits are papers and information you provide to support what is in your motion.

File: To file means to give the appropriate forms to the court to begin the court’s consideration of your request.

Motion: A motion is a written request in which you ask the court to issue an order, change an order it has already issued, enforce an order it has already issued, or ask the court to take some other action related to your case.

Order: An order is a signed paper from the judge telling someone they must do something.

Party: A party is a person, business or governmental agency involved in a court action.

Pro Se: The term Pro Se means that you are representing yourself in court without a lawyer.

Plaintiff: The plaintiff is the person who filed the original court action.

Relief: To ask for relief is to ask the court for something.

Substantial Change: A substantial change, as used in this packet, means a significant change in your situation or circumstances affecting your case.

Warrant: A warrant is a notification to law enforcement that a person should be arrested when found.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

page 7 of 28

What You Need to Submit to the Court for Review and Decision

The numbered steps below tell you what forms you will need to fill out, and what to do with them.

Each form should be typed or clearly printed on 8 1/2" x 11" white paper only. Forms should not be filed on different size or color paper. Use only the forms included in this packet. Be sure to keep a copy for your records.

If you are filing a Motion to Increase / Decrease child support payments, you need to know that Child Support Guidelines are used in New Jersey to determine child support awards (N.J. Court Rule 5:6A). A copy of the New Jersey Court Rules is available in all county law libraries.

Step 1: Fill out the Notice of Motion (Form A)

The Notice of Motion form tells the court and the other party the things you want the court to do. It also tells the other person in the case and the court the date the motion will be heard.

Step 2: Get a court date for your motion.

You must locate a date you want your motion to be heard by the court. Go to njcourts.com. Look for “Calendar & Schedules”; look for miscellaneous; civil motion calendar; motion day schedule. Pick a Friday date that allows sufficient time to meet the required service and answer timeframes. Fill in that date on your Notice of Motion form.

NOTE: The date you are initially assigned may change depending on the judge's schedule. If that happens, the court will contact you and all parties listed in your papers.

Step 3 : Fill out the Confidential Litigant Information Sheet (Form 10486)

The purpose of this form is to endure accuracy of court records. You must complete this form any time you file a pleading (not just the first pleading) involving alimony, maintenance, child support, custody, parenting time visitation or paternity. Please complete the entire form, leaving no blank spaces. If something does not apply to you, enter “N/A”.

Step 4: Fill out the Certification (Form B)

On the Certification form, type or print the specific reasons you think the court should agree to the

things you are asking for in your Notice of Motion. The reasons you give to the court must be based on the facts that you know are true. Type or print the details about the events that led up to your filing this motion.

You must include with the completed Certification form a copy of all previous orders. You should also attach copies of any other papers that will prove that the things you say in your Certification are true, such as pay stubs or federal or state tax returns. These other papers are also called exhibits.

Step 5: Fill out the Proposed Order (Form C)

You should include in the Proposed Order all the things that you are asking the court for in your Notice of Motion. If the judge grants your motion after the hearing, the Proposed Order is the form the judge will sign. If the judge does not agree with everything you asked for, he or she may change your Proposed Order. The original and two copies of the Proposed Order must be attached to your Notice of Motion when you deliver it to the court, along with a stamped self-addressed envelope.

Step 6: Fill out the Certification of Filing and Service (Form D)

This step tells the court:

That you delivered or mailed by regular and certified mail, return receipt requested all the papers in your motion to the other party within the time required by the court rules for your motion; or

That you delivered or mailed by regular and certified mail, return receipt requested, all the papers in your motion to the other party's current lawyer, (if you know who the lawyer is), within the time required by the court rules for your motion; and

How you got the papers to the other party or to his or her current lawyer (if you know who the lawyer is). You must tell the court whether the papers were delivered in person or sent by regular and certified mail, return receipt requested.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

page 8 of 28

Step 7: Fill out the Notice to Litigants (Form E)

The Notice to Litigants form lets the other party know how to respond to your Notice of Motion. Your motion could be dismissed if your motion papers do not include the Notice to Litigants.

Step 8: (Only complete this step if your child support order is being administered through the Probation Division and you want to change that order.) Fill out the Statement for the

Probation Division (Form F)

You must fill out this form if you are filing a Motion to Increase or Decrease Child Support payments that are paid to or received through the Probation Division. The form helps Probation know what the court has ordered so that it can keep track of child support payments in the case. If you are not paying or receiving child support through the Probation Division, but are filing a Motion to Increase or Decrease Child Support payments, do not complete this form, instead go directly to Step 8.

Step 9: Fill out the Case Information Statement (CIS)

If you are filing an FM/matrimonial motion and asking for any type of monetary relief such as an increase or decrease in support, you must complete and file a copy of the last CIS submitted to the court and complete a new and current CIS. This means you will be attaching two CIS forms to your current motion. The two CISs tell the court your past financial status as well as your current status, and both must be attached to your Notice of Motion.

The Case Information Statement form can be obtained at njcourts.com. Download a copy of the Case Information Statement from the Judiciary website and submit it with this packet if you are requesting any change in the financial status of your case. Don’t forget to attach proof of your income (i.e., pay stubs, tax returns, etc.)

You need to make an extra blank copy of the CIS before filling it out, so you can include it in the packet of papers you mail or deliver to the other party. The other party must also complete a CIS and mail or deliver one completed copy back to you and one completed copy to the court.

If you have completed a CIS before in this case, attach a copy of it to the CIS you just completed,

and include it with your papers you are filing with the court.

Step 10: Fill out the Letter to the Clerk (Form G)

Complete the form letter addressed to the Clerk of the Superior Court, Attn: Family Division Manager (or the name of the county). You must include with this letter a $30 check or money order (FM cases only) payable to the Treasurer, State of New Jersey, and a stamped return envelope addressed to yourself. Do not send cash. All other case types (FD, FV, etc.) do not require a filing fee. You must include a stamped, return envelope addressed to yourself. This letter must be the first page of the packet of papers that you file with the court.

Step 11: Check your completed forms.

Check your forms and make sure they are complete. Remove all instruction sheets before submitting to the court. Make sure you have signed the forms wherever necessary.

Step 11: Mail or deliver your package of completed papers to the court and the other party in the case.

Keep one copy of the entire packet for your own records. Follow the guidelines below on how to mail or deliver your completed forms. You must prove to the court that the other non-filing party has been served with your papers.

Checklist

Make sure you have all of the following items and that they are in this order:

Letter to the Clerk of the Superior Court.

$30 check or money order (FM cases only). Make the check or money order payable to, Treasurer, State of New Jersey.

Do not send cash. If you pay in person, keep the receipt for your records.

Stamped return envelope addressed to yourself for the court order that will be mailed to you (if you did not select oral argument)

Notice of Motion.

Certification.

Any papers to support your motion (called exhibits), including all prior orders.

Proposed Order.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

page 9 of 28

Certification of Filing and Service.

Notice to Litigants.

Statement to the Probation Division, if required (See Step 7).

Previous Case Information Statement (CIS) and a current CIS, if applicable.

Final Steps

Make 3 copies of the entire packet of the completed forms, and 2 extra copies of the proposed order.

Mail or deliver the following items to the court:

The original and one copy of all the forms; and

Two extra copies of the proposed order.

Mail or deliver one copy of the entire packet of completed forms to the other party or his/her current lawyer, if known.

REMINDER: Keep one copy of the entire packet for your own records.

You can deliver the forms to court in person or you can mail them. If you are mailing the papers, use regular and certified mail with return receipt requested. This will provide you with a post office receipt and green card. Return of a signed green card is proof of service to the other party. Your post office can tell you how to send certified mail with return receipt requested.

Attention: If any person named in the Notice of Motion is receiving public assistance and this motion involves child support, you must also send a copy of the packet to the Social Services agency in the county that is providing assistance to that person and/or child(ren). If this applies to you, then you must make an extra copy of the entire packet of completed forms, and an extra copy of the Proposed Order.

Mail or deliver one copy of the entire packet to the Social Services agency providing public assistance.

Mail or deliver one copy of the Probation Statement to the county Probation Division if you are filing a Motion to Increase or Decrease Child Support and/or Alimony or Spousal Support payments and those payments are monitored through the county Probation Division.

Deadlines

You must get the motion papers to the other person in the case or to his or her lawyer at least 24 calendar days before the motion is scheduled to be heard by the court.

If you are sending your motion by mail, you must mail it no later than 27 calendar days before the motion is scheduled to be heard by the court. This allows three days for mailing and delivery.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

page 10 of 28

Form Attributes

Fact Description
Packet Purpose Helps with changing, enforcing, or requesting related actions in family court post-judgment cases.
Applicability Applicable for cases with "FM" docket numbers, excluding "FD" (Non-dissolution) cases.
Governing Law Court Rule 5:5-4 of New Jersey Family Court procedures.
Motions Included Includes motions for child support, alimony, custody, visitation, and other related family matters.
Exclusions Not for use if direct payment requests involve the Probation Division.
Preparation Requires copies of orders, agreements, and relevant case documents to complete forms.
Language Requirement All submissions must be in English.
Deadline for Submissions Papers must reach the other party at least 24 days before the court date, or 27 days if mailed.
Representation Encourages seeking legal representation; provides resources for finding legal services.

Fm Motion Nj Family Court: Usage Guide

Under the complexities of family dynamics, there comes a time when adjustments to court orders are necessary—be it for child support alterations, custody changes, or another matter governed by family law in New Jersey. Approaching this process requires a careful and informed touch, particularly for those navigating it without legal representation. The FM Motion NJ Family Court form is your starting point for requesting these changes. Filling it out correctly is crucial for your motion to be considered. Before you dive in, ensure you have all relevant documents and information at hand, including any prior court orders, case information statements, and related legal documents. Below, find a step-by-step guide to filling out this form effectively.

  • Step 1: Start by reading the instructions and descriptions of motions provided within the packet carefully. This will help you understand the scope of motions you can file and ensure you're using the right form.
  • Step 2: Gather all necessary documents related to your case. This includes any previous court orders, judgments of divorce, case information statements, and relevant agreements or documents.
  • Step 3: Complete the form in English, as required by the New Jersey Courts. This includes accurately filling in your case details and clearly stating the changes or enforcement actions you're requesting.
  • Step 4: Indicate the specific motion you're filing for, such as a motion to increase or decrease child support payments, change custody arrangements, enforce litigants' rights, etc., and provide the necessary details and reasoning for your request.
  • Step 5: If you're requesting a change due to changed circumstances, make sure to detail these changes and how they affect the current orders or agreements.
  • Step 6: Review the packet for information on submitting your motion to the appropriate family court. Ensure that you follow any additional instructions related to your specific motion type.
  • Step 7: After completing the form, check the deadline requirements listed in the packet to ensure you file the motion on time. Remember, the other party must be notified at least 24 calendar days before the motion is scheduled to be heard in court.
  • Step 8: Mail or deliver the completed form to the family court that issued the original order or that last heard your case. Remember to keep copies of everything for your records.

Once you've submitted your motion, the next steps involve waiting for a court date and preparing for your hearing. Proper preparation includes reviewing all related documents and possibly seeking legal advice to strengthen your case. Remember, the court's decision will be based on the information and evidence you provide, so clarity and thoroughness in your documentation and presentation are paramount.

Listed Questions and Answers

Who should use the FM Motion NJ Family Court form?

This form is designed for individuals who need the court to modify or enforce an existing order related to divorce cases, such as changing child support, alimony payments, custody arrangements, or enforcing the rights of litigants. It is intended for cases with an “FM” docket number. For non-dissolution cases with an “FD” docket number, a different process is required, available through New Jersey's court website.

What types of motions can I file with this packet?

You can file various motions including those to change or enforce child support, alimony, custody, and visitation arrangements, among others. Specific motions like requesting the emancipation of a child, reimbursement of medical expenses, a change of venue, reconsideration of a family court order, and relocation of children are also covered. Additionally, you can file a cross-motion in response to another motion.

What do I need to complete the FM Motion form?

Before filling out the form, gather relevant documents such as court orders, written agreements, judgments of divorce, case information statements, and any other related paperwork. Ensure you understand court terms and instructions by reading through the provided definitions and guidelines.

What are the deadlines for filing a motion?

Notices to the other party must be given in writing, indicating the motion's hearing time and date. Documents must be delivered to the other party at least 24 days before the court hearing. If mailing, send your motion at least 27 days prior to the hearing to account for delivery time.

How do I represent myself in court?

  • Seek legal advice if possible, through a lawyer or free legal services for those who qualify.
  • Understand that court staff can provide procedural guidance but cannot give legal advice.
  • Keep copies of all paperwork relevant to your case.
  • Ensure you deliver copies of all motions and documents to the other party or their lawyer.

Can I ask the court to reconsider a previous order with this form?

Yes, the motion for reconsideration allows you to request that the court re-evaluate a decision within 20 days of the issuance of an order. For decisions that you wish to appeal after reconsideration, there is a separate appellate process within 45 days of the order.

Is there assistance available if I can't afford a lawyer?

If you cannot afford a lawyer, you may be eligible for free legal services through your county's legal services program. Additionally, most county bar associations offer a Lawyer Referral Service, which can connect you to attorneys who may take your case at a reduced fee.

What if the other party does not comply with the court's order?

If the other party fails to follow the court's order, you can use the FM Motion form to file a motion to enforce litigants' rights. This motion asks the court to ensure the other party complies with the order.

How do I change child support or alimony payments?

To adjust child support or alimony payments, file a motion specifying whether you seek an increase or decrease. Provide supporting documents and information to justify the change according to your circumstances and the child’s needs.

What should I do before attempting to represent myself in court?

  1. Thoroughly read and understand the forms and instructions.
  2. Collect and organize all required documents.
  3. Consider seeking legal advice or consulting with legal aid services.
  4. Prepare yourself for court proceedings by understanding your rights and responsibilities.

Common mistakes

Filling out the FM Motion NJ Family Court form is a process that requires careful attention to detail. Many people encounter errors during this process, which can cause delays or unfavorable outcomes. Understanding the common mistakes can help individuals navigate through the filing process more effectively. Here are ten mistakes to avoid:

  1. Not checking if the packet applies to their situation: The first mistake is using the FM Motion packet when the case starts with a "FD" docket number, which requires a different application process. This packet is not suitable for everyone.

  2. Overlooking the need to read all instructions: Some people start filling out the forms without reading the instructions on pages 7-15, which can lead to errors in completing the forms correctly.

  3. Ignoring the definition of terms: The form comes with a list of terms defined on page 6. Not understanding these terms can result in confusion and incorrect information being provided.

  4. Failing to gather necessary documents: Before starting, individuals should collect all signed orders, agreements, and related papers. Missing documents can lead to incomplete submissions.

  5. Using the wrong form for their motion: Given the variety of motions available, such as child support modification or custody changes, choosing the incorrect form for their specific need is a common error.

  6. Not meeting the notice deadline: The court requires that the other party be notified in writing of the motion hearing date and time, at least 24 calendar days in advance. Failing to meet this deadline can result in the motion being delayed or dismissed.

  7. Miscalculating the mailing deadline: If sending the motion by mail, it must be mailed at least 27 days before the scheduled hearing to account for mailing and delivery time.

  8. Omitting crucial information: Sometimes, individuals leave out important information from their forms, such as financial details or specific terms of the current court order they wish to change or enforce.

  9. Not providing proof of income or expenses: For motions like child support adjustments, failing to attach proof of income or expenses can hinder the court’s ability to make an informed decision.

  10. Inaccurate or incomplete service of motion: The motion must be properly served to the other party or their lawyer. Incorrectly serving the motion, or not providing proof of service, can cause significant setbacks.

Avoiding these mistakes can greatly enhance the chances of a successful motion in the Family Court. Being thorough, detailed, and mindful of deadlines ensures that the process goes smoothly and that the court has all the necessary information to make a fair decision.

Documents used along the form

Navigating through the complexities of the Family Court system can be overwhelming. This guide aims to simplify the process by detailing additional forms and documents that you might need alongside the FM Motion in New Jersey Family Court. Understanding these documents can help you prepare more effectively for your case.

  • Case Information Statement (CIS): A comprehensive document that provides the court with detailed financial information about both parties. This form is crucial for cases involving alimony, child support, and the division of assets.
  • Certification of Insurance Coverage: This document lists all current insurance coverages, including health, life, automobile, and homeowners' insurance policies. It is essential for ensuring that adequate insurance is maintained for all parties involved, especially children.
  • Child Support Guidelines Worksheet: Required in child support cases, this worksheet helps to calculate the appropriate amount of child support based on the income of both parents, the child's needs, and other relevant factors.
  • Notice of Motion: A document that informs the opposing party of your intention to seek a court order. It specifies the relief you are seeking and the date of the motion hearing.
  • Parenting Time Schedule: For motions involving changes to child custody or parenting time, this document outlines the proposed schedule for when the child will spend time with each parent.
  • Financial Statement for Summary Support Actions: Used in cases requiring expedited support orders, it provides a snapshot of the financial status of the parties, speeding up the process of establishing support.
  • Proof of Service: This affidavit confirms that the opposing party was served with the motion and any accompanying documents, fulfilling the legal requirement for notifying them of the court action.
  • Order to Show Cause: In emergencies requiring immediate court intervention, this document requests a temporary order until a formal hearing is held. It is commonly used in situations involving the risk of harm or financial loss.

Each of these documents plays a vital role in Family Court proceedings. Whether you are seeking to modify a custody arrangement, adjust child support, or enforce an existing order, being prepared with the right paperwork can significantly impact the outcome of your case. Keep in mind that while the court system can be daunting, resources are available to help you navigate it. Remember, you are not alone in this process.

Similar forms

The Child Support Modification Form, like the FM Motion NJ Family Court form, is used when there's a need to adjust child support payments. This could be due to changes in financial circumstances, employment, or the needs of the child. Both forms require presenting evidence to support the request for modification, ensuring fairness and adequacy in financial support for the child. They play crucial roles in ensuring that child support arrangements remain reflective of current situations.

The Alimony Modification Form shares similarities with the FM Motion in its purpose to alter spousal support arrangements. Users file this form when they seek to increase or decrease alimony payments due to changes in financial status, employment, or personal circumstances. Just like with child support modifications, these forms facilitate the legal adjustment of alimony to maintain equitable support post-divorce.

Custody Modification Forms are used to revisit and potentially change custody arrangements. They parallel the FM Motion's segment on custody changes, focusing on the child's best interests. Modifications can be sought due to changes in living situations, the child's needs, or the parents' circumstances. The paramount consideration in both documents is the welfare and stability of the child.

The Parenting Time Modification Form, similar to the FM Motion’s section on visitation adjustments, addresses the need to alter visitation schedules. Life changes, relocation, or shifts in the child’s schedule can drive the need for such modifications. Both documents underscore the significance of sustaining a healthy and regular parent-child relationship through adaptable visitation arrangements.

The Enforcement of Court Orders Form has a purpose akin to the Motion to Enforce Litigants' Rights. This document is employed when a party does not comply with a court's previous orders, encompassing payments, visitation, or custody. Both documents empower individuals to seek judicial intervention to ensure compliance, reinforcing the court's role in maintaining order and fairness post-judgment.

The Emancipation of Minor Form, which aligns with the FM Motion's section on the emancipation of a child, is utilized to legally recognize a child's independence from parental control. The necessity for this form arises when a child reaches a certain age or demonstrates self-sufficiency, leading to a potential termination of child support. Both documents address the transition of responsibilities as a child matures.

The Medical Expenses Reimbursement Form parallels the FM Motion’s focus on reconciling medical expenses for a child. It's used when one parent seeks reimbursement from the other for out-of-pocket medical costs incurred for their child’s healthcare needs. This ensures both parents equitably share the financial responsibilities of raising a child, emphasizing the child’s welfare.

A Change of Venue Form is comparable to the FM Motion's change of venue section, allowing parties to request the transfer of their case to another jurisdiction. This might be necessary for convenience, fairness, or efficiency in proceedings. Both forms are utilized to streamline and optimize the legal process ensuring access to justice is maintained regardless of geographical challenges.

A Motion for Reconsideration Form shares its purpose with the FM Motion’s respective section, offering parties a chance to request a second look at a court's decision within a narrow timeframe. This is crucial for correcting oversights or considering new evidence. Both documents underscore the legal system’s flexibility and commitment to justice by allowing for the review of decisions.

The Relocation of Children Form corresponds with the FM Motion’s segment on child relocation, helping custodial parents seek approval for moving children to a new location. This process weighs the benefits of the move against the potential impact on visitation and parental rights. Through both forms, the court balances the child’s interest with maintaining a strong bond with both parents despite geographic changes.

Dos and Don'ts

Filling out the FM Motion NJ Family Court form is a significant step towards addressing changes or enforcement requests regarding court orders in family matters. Approaching this process carefully is crucial. Below are some dos and don'ts that can help ensure you complete the form correctly and effectively:

  • Do: Read all instructions and definitions of terms provided in the packet before filling out any forms. This preparation helps in understanding the process and ensures accurate completion of the forms.
  • Do: Gather copies of all relevant documents, such as signed orders, written agreements, Judgments of Divorce, and Case Information Statements, before beginning to fill out the packet. This ensures you have all necessary information at hand.
  • Do: Double-check the packet version to confirm it’s the most recent, as forms and instructions are periodically updated to reflect current New Jersey statutes and court rules. Ensuring you have the most current packet helps in meeting all legal requirements.
  • Do: Meet all deadlines, especially the requirement to send the motion to the other party at least 24 calendar days before the scheduled motion hearing (or 27 days if mailing). On-time delivery is crucial for the motion to be considered.
  • Do: Consider consulting a lawyer for guidance. Although the packets are designed for self-representation, legal matters can be complex, and professional advice can be invaluable.
  • Do: Keep copies of all submitted paperwork, including mailed forms, for your records. This documentation is important for reference and proof of submission.
  • Don’t: Use this packet if your case has a “FD” docket number, which requires following a different application process. Using the correct packet for your case type avoids unnecessary delays.
  • Don’t: Attempt to fill out the forms without first reviewing all guidance materials provided. This ensures you fully understand the form requirements and process.
  • Don’t: Submit the packet without ensuring all forms are filled out in English, as required by New Jersey courts. Failure to comply can result in non-consideration of your motion.
  • Don’t: Miss the deadline for informing the other party of the motion hearing. Late notifications can lead to postponements or the motion not being heard.
  • Don’t: Overlook the opportunity to seek free legal services if you cannot afford a lawyer. Legal aid can provide valuable assistance and increase the chances of achieving a favorable outcome.
  • Don’t: Send your forms without tracking or confirmation if mailing them. Without proof of delivery, it’s challenging to verify that the other party received the motion as required.

Misconceptions

When dealing with the Family – Multi-Purpose Post-Judgment Motion Packet in New Jersey's Family Court, several misconceptions can arise due to its complex nature and the specific procedures it entails. Understanding these misconceptions is crucial for individuals looking to navigate their case effectively.

  • Misconception 1: The packet is suitable for all family court matters.

    This form is specifically designed for post-judgment actions in cases with a "FM" docket number, meaning it is not applicable for “FD” (Non-dissolution) cases, which have a different procedure.

  • Misconception 2: Legal representation is not necessary when using this packet.

    While the packet is designed to be user-friendly, the court system can be complex, and seeking legal advice is highly recommended to navigate the process accurately.

  • Misconception 3: Any family court can handle the motion.

    Motions must be filed with the Family Court that issued the original order or that last heard your case, ensuring that the matter is handled efficiently and by the correct jurisdiction.

  • Misconception 4: The packet allows for immediate changes to court orders.

    Submitting a motion through this packet is only the first step. The motion must be reviewed and a decision made by a judge, which can take time.

  • Misconception 5: Only one type of motion can be filed with this packet.

    The packet covers a range of motions, including changes to child support, alimony, custody arrangements, and more, allowing for various adjustments or enforcement of orders based on the individual’s need.

  • Misconception 6: Using this packet guarantees the desired outcome.

    While it enables individuals to formally request changes, the success of a motion depends on many factors, including adherence to guidelines and the judge’s discretion.

  • Misconception 7: Deadlines and notification requirements are flexible.

    Strict timelines and notification requirements are in place to ensure fairness and efficiency in the legal process, including advance notice to the other party.

  • Misconception 8:The court staff can provide legal advice when using the packet.

    Court staff can offer procedural guidance and information about court operations, but they cannot give legal advice or predict the outcome of a case.

  • Misconception 9: Electronic copies of motions are sufficient for submission.

    All complaints, motions, and other papers submitted to the court must be in English and meet specific formatting requirements, including paper copies for the court’s record.

Correct understanding and tackling these misconceptions can significantly affect the effectiveness and outcome of the Family – Multi-Purpose Post-Judgment Motion process in New Jersey's Family Court system.

Key takeaways

When using the FM Motion NJ Family Court form to request a court action, it’s vital to consider these key takeaways to ensure the process is handled correctly and effectively:

  • Individuals with an order from the court that needs to be changed or enforced, or those who need to file a motion related to another Family Court Matter under R. 5:5-4, should use this packet. Importantly, this packet is not designed for cases beginning with an "FD" docket number, which follows a different application process available through New Jersey's court system.
  • The packet covers various motions specifically for "FM" cases, including but not limited to the adjustment of child support or alimony payments, changes to custody or visitation arrangements, and motions for the emancipation of a child. Each motion has a specific purpose and should be selected based on the unique needs of the filing party. These motions allow parties to seek changes to existing court orders that no longer fit their circumstances.
  • Before filling out this packet, it is necessary to gather all pertinent documents related to your case, such as signed orders, written agreements, Judgments of Divorce, and Case Information Statements. These documents will provide the necessary background and support for the motion being filed.
  • The form must be completed and submitted following specific deadlines to ensure it is considered by the court. These include notifying the other party in writing of the motion hearing’s time and date at least 24 days before the scheduled court date. If sending by mail, the motion must be mailed at least 27 days in advance to account for delivery times. Adhering to these deadlines is crucial for the motion to be heard.
  • Those considering representing themselves are encouraged to seek legal advice if possible, due to the complexities of the court system. The packet offers resources for finding legal assistance and explains what self-represented individuals can expect from the court. Regardless of representation, it is essential to keep copies of all documents and correctly serve papers to the other party involved in the case.

Understanding and following the guidelines provided in the Family – Multi-Purpose Post-judgment Motion Packet is essential for individuals seeking to amend, enforce, or request action on a court order in New Jersey’s Family Court system. These key takeaways offer a roadmap for navigating the process with clarity and purpose.

Please rate Get Fm Motion Nj Family Court Form Form
4.88
(Exceptional)
17 Votes

Discover More Forms