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The NJ Court 11487 form is designed for individuals looking to request modifications to a Non-Dissolution "FD" Court Order that was previously issued. These modifications can include, but are not limited to, changes to child or spousal support orders, enforcement of current orders, adjustments to custody or parenting time agreements, and requests related to the relocation of children. It is primarily intended for use when the case's docket number begins with "FD" and involves a straightforward process that includes a mandatory $25.00 filing fee.

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Content Overview

In New Jersey, family law cases that seek to modify a non-dissolution "FD" court order previously issued by the court are navigated through the submission of the Court 11487 form. This critical form serves as a lifeline for individuals seeking adjustments to existing court orders that impact the most significant aspects of their lives, such as child/spousal support, custody, parenting time, or even requests related to child relocation or the lifting of bench warrants for incarcerated defendants. Significantly, the form embodies the legal avenue for parties whose circumstances have evolved since the original order was made, providing a structured pathway to petition the court for necessary changes. Included within this form's ambit are instructions on filling out and filing, detailed for ease of use by those it aims to serve—individuals embroiled in the complexities of family law matters. The requirement of a $25.00 filing fee underscores the formal process involved in requesting such modifications, which are to be submitted to the Family Division of the Superior Court of New Jersey - Chancery Division. The form not only simplifies the procedural aspects but also carries a caution against its use in certain situations, such as appeals, emergencies, or cases not designated under the "FD" docket number, thus guiding petitioners towards the correct procedural channels. Coupled with an advisory on attempting to secure legal representation and an emphasis on self-representation in court, the form stands as a comprehensive guide aimed at navigating the nuanced terrain of modifying family court orders in New Jersey.

Document Sample

Family – Chancery

How to File a Request to Modify a Non-Dissolution “FD” Court Order Previously Issued By the Court

Updated 09/03/2019

How to File a Request to Modify a Non-Dissolution “FD” Court Order

Previously Issued by the Court

Superior Court of New Jersey - Chancery Division - Family Part

Who Should Use This Packet?

You can use this packet if your docket number starts with the letters FD, and you have an order from the court that you want to change. You can also use this packet if you want to respond to the modification request filed by the other party. You must include a $25.00 filing fee with the completed packet. Some types of modifications you can request with this packet are:

Establish or Change an existing Child/Spousal Support Order

Enforce the Current Support Order

Change an existing Custody/Parenting Time Court Order

Request to Relocate the Child(ren)/Oppose to Relocation

Request to have a Bench Warrant/Detainer lifted (Incarcerated Defendants Only)

ONLY use this packet if your case begins with letters FD. Do NOT use this packet if:

You want to file an appeal of a court order that was already issued. To file an appeal use 10837- How to Appeal a Trial Court, Tax Court or State Agency Decision found on our website at njcourts.gov.

Your case is an emergency (Emergent Application Order to Show Cause). An emergent hearing in family court is designed to protect children from substantial and irreparable harm if someone is not restrained for doing something right now. You must file for an emergent hearing at the courthouse. You cannot file for an emergent hearing through the mail. Only a judge can determine if your case will qualify as an emergency. If you are denied an emergency hearing, your case will continue under the normal case process.

Your case begins with letters other than “FD”.

Note: 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 current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary’s Internet site njcourts.gov. However, you are ultimately responsible for the content of your court papers.

Completed forms are to be submitted to the Family Division where the case is filed. A list of Family Division

Offices can be found on njcourts.gov

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page 1 of 15

How to File a Request to Modify a Non-Dissolution “FD” Court Order Previously Issued By the Court

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

The law, the proofs necessary to present your case, and the procedural rules governing cases in the Family Division are complex. It is recommended that you make every effort to obtain the assistance of a lawyer. 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 online 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 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 some things court staff can and cannot do for you. Please read it carefully before asking court staff for help.

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 tell you whether or not you should bring your case to court.

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 can cannot not 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 copies for yourself, written agreements, Case Information Statements, and other important papers that relate to your case.

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How to File a Request to Modify a Non-Dissolution “FD” Court Order Previously Issued By the Court

Definitions of Court Terms Used in FD Cases

Arrears - Arrears are unpaid or overdue child support, alimony, or spousal support payments.

Application - An application is a written request in which you ask the court to issue an order or to change an order that has already been issued.

Bench Warrant - A bench warrant is an order from the court giving legal authority to law enforcement to arrest a person for failure to appear for a court hearing or failure to comply with a court order.

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.

Child Support Number (also referred to as “CS Number”) - The Child Support Number is the identifying number assigned to your child, spousal, or alimony support case.

Complaint - A complaint is a formal document filed in court that starts a case. It typically includes the names of the parties and the issues you are asking the court to decide.

Custodial Parent - the custodial parent is the person with whom the child(ren) live with and has the primary day-to-day responsibility.

Counterclaim - A counterclaim is a document in which the Defendant states their opposition to the original claim and may additionally relay to the court why you think you are entitled to relief in the case.

Court Order - A court order is the written decision issued by a court of law. For example, a child support court order sets forth how often, how much, and what kind of support is to be paid.

Custody - refers to the right to make decisions for the child. Joint, sole, physical custody, refers to where and by whom the child’s needs are met. Sole custody refers to one person and joint custody refers to sharing by the parties in the case.

Diligent Search - A diligent search means you made a serious effort to find information about the location of the other party named in your case, and that you have followed up on any information you have received about their whereabouts.

Docket Number - The docket number is the identifying number assigned to every case filed in the court.

Exhibits - Exhibits are documents or objects you provide to the court to support what you want the court to decide.

FD - The letters the court uses to identify a non-dissolution case that involves parents who are not legally married or other adults filing for court relief on behalf of minor children. FD cases can also include married people who are separated but need financial support.

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

Income Withholding/Wage Garnishment - Income Withholding/Wage Garnishment is a process where automatic deductions are made from wages or other income, to pay your support obligation. Income withholding has been mandatory since the enactment of the Family Support Act of 1988.

Revised 09/03/2019, CN 11487

page 3 of 15

How to File a Request to Modify a Non-Dissolution “FD” Court Order Previously Issued By the Court

Definitions of Court Terms Used in FD Cases (continued)

New Jersey Child Support Guidelines - Both parents are responsible for the financial and emotional support of their children. New Jersey has developed a standard method for calculating child support based on the income of both parents and other factors. The full set of NJ Child Support Guidelines is contained in Rule 5:6A of the New Jersey Court Rules.

NJKiDS (New Jersey Kids Deserve Support) - NJKiDS is the New Jersey Child Support automated computer system that tracks child support accounts.

Non-Custodial Parent - the non-custodial parent is the parent with whom the child(ren) do not live the majority of the time with.

Obligor/Payor - An obligor/payor is the person ordered by the court to pay support, also known as the non- custodial parent (NCP).

Obligee/Payee - An obligee/payee is the person, agency, or institution who receives support, also known as the custodial parent (CP).

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

Petitioner - Petitioner is another name for the person starting the court action by filing the appropriate papers the court will consider.

Respondent - Respondent is the person who is named as the other party in the court action filed by the petitioner. This person can respond to the complaint or application filed by the petitioner by filing a cross application or written response with the court.

Relief - To ask for relief is to ask the court to grant something such as custody, parenting time, or support.

Support Obligation - Support Obligation is the amount of support that the court orders the obligor to pay. The court order includes how much and how often support has to be paid (i.e., per week, per month, bi-weekly, etc.).

Child Support Enforcement - The Child Support Enforcement Division is required to enforce court orders that call for the payment of child support, health care coverage, and/or spousal support/alimony. If support is not being paid timely, the Child Support Enforcement has many state and federal tools available to enforce child support orders. These can include, but are not limited to:

Income withholding

Court hearing

Bench warrant

Tax offset - federal and state

Judgment (liens attached to property & assets)

Credit bureau notification

Financial Institution Data Match (FIDM) - seizure of bank accounts

Child Support Lien Network (CSLN) - seizure of proceeds from law suits

Passport denial

License suspension

Lottery interception

Revised 09/03/2019, CN 11487

page 4 of 15

How to File a Request to Modify a Non-Dissolution “FD” Court Order Previously Issued By the Court

The numbered steps listed below tell you what forms you will need to fill out and what to do with them. Each form should be typed or printed clearly on 8 ½ “x 11” white paper only. Forms cannot be filed on a different size or color paper. Use only the forms included in this packet. Be sure to keep a copy for your records.

Steps for Filing a Complaint

STEP 1: Fill out the Application/Cross Application to Modify a Court Order (Form A) The Application/Cross Application to Modify a Court Order is a written request in which you ask the court to change or enforce an existing court order. The court will change an order only if important facts or circumstances have changed from the time the order was issued.

STEP 2: Provide the court with the most recent address of the other party(ies)

The court will send a Notice to Appear to the plaintiff, defendant, all listed parties, and attorney(s) connected to your case when the case is scheduled for court. Your appearance is mandatory.

Note: The other party will receive copies of all of the papers you attach to your modification application with the Notice to Appear, unless court rules prohibit this information from being shared.

You must provide the court with the most current address (that you know of) for the other party and the name of their attorney (if you know it) when you file your modification application. Failure to do so may result in your case being dismissed by the court or delayed because the other party could not be served with a Notice to Appear.

STEP 3: Fill out the Certification of Diligent Search (if necessary)

Every person named in a court action must be given the opportunity to respond. They must be provided notice so that they can exercise their right to answer the complaint. If you are filing this application to modify an order the court requires that you provide the address of the other legal parent/guardian, so they can be served with the modification application and have the opportunity to respond.

If you do not know the current address of the other party, you must complete the Certification of Diligent Search (CN 11490). This packet provides proof to the court of your efforts to find the other party. The packet must be completed in its entirety and mailed or delivered to the court. If you are unable to send a letter as directed, you must tell the court why by putting your reason on the letter and including it in the completed packet you mail or

deliver to the court. Once you have mailed or delivered your packet to the court, your case will be filed and scheduled for a hearing. The judge will decide if your search was sufficient at the hearing.

This process must be completed before your case can proceed in court. You can find this kit on njcourts.gov.

Important Note: If you are filing to establish paternity or child support, a diligent search might not be required. You can go to your local County Welfare Office (CWA) and request locate services. Federal locate services are used only for the purpose of establishing paternity or child support.

STEP 4: Fill out the Confidential Litigant Information Sheet

The Confidential Litigant Information Sheet (CN 10486) is to ensure accuracy of court records and must be completed by the person filing this application to modify a court order. You must complete the entire form and submit it with your papers to the court. Do NOT leave any blank spaces. If something does not apply to you, enter “N/A”. This form is confidential and will not be shared with the other party. Each party is required to complete their own Confidential Litigant Information Sheet and file it with the court. You can find this form on njcourts.gov.

Note: Failure to complete the Confidential Litigant Information Sheet will result in your papers being returned to you marked “deficient” and will cause a delay in your case being scheduled for court.

STEP 5: Fill out the Financial Statement for Summary Support Actions (if applicable)

The Financial Statement for Summary Support Actions (CN 11223) must be completed if you are requesting to establish or modify a child support order in an FD case. You must complete the entire form. Do NOT leave any blank spaces. If something does not apply to you, enter “N/A”. This completed form must be included in your packet submitted to the court. This form will be shared with the other party pursuant to Court Rule 5:5-

3.The other party must complete this same form and file it with the court. The court will share this

Revised 09/03/2019, CN 11487

page 5 of 15

How to File a Request to Modify a Non-Dissolution “FD” Court Order Previously Issued By the Court

information with the filing party at the court hearing. You can find this form on njcourts.gov.

STEP 6: Fill out the Family Case Information Statement (CIS) (if applicable)

The Family Case Information Statement (CN 10482) must be completed only if you are married but separated and want to establish or modify spousal support. Spousal support can only be established or modified under FD when there is no active divorce case.

Pursuant to Court Rule 5:5-2, a spousal support determination and/or modification requires the parties to submit a Case Information Statement to the court. You must complete the entire form. Do NOT leave any blank spaces. If something does not apply to you, enter “N/A”. This completed form must be included in your packet submitted to the court. This form will be shared with the other party. The other party must complete this same form, file it with the court and send a copy to you. The court will provide instructions to the other party about sharing this information with the filing party prior to the court hearing. This document is confidential pursuant to Court Rule 1:38-3 and is not available for review by any other people besides the two parties involved in the case, their attorneys, and the court. You can find this form on njcourts.gov.

STEP 7: Fill out the Additional Information Sheet (if needed)

Use this form if you need additional space to explain to the court what you want the court to consider or your position on a particular issue stated in the complaint. Type or write legibly and be as specific as possible.

STEP 8: Check your completed forms

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

In Step 9 you will be directed to mail or deliver your documents to the court. The following checklist will help insure your package is complete:

Checklist

Make sure you have all the following items:

Verified Complaint or Counterclaim (Form A)

Confidential Litigant Information Sheet

Additional forms if applicable:

Certification of Diligent Search (CN 11490)

Financial Statement for Summary

Support Actions (CN 11223)

Family Case Information Statement (CIS) (CN 10482)

Federal Child Support Services

Application (IV-D Child Support

Program)

Certification in Support of Establishing

Paternity

Certificate of Parentage (COP)

Additional Information Sheet

Filing fee of $25.00 in the form of a check or money order made payable to the Treasurer, State of New Jersey. Do not mail cash. You may use cash if you pay in person, but you should keep the receipt you get from the court staff for your records.

STEP 9: Mail or deliver your completed paperwork

Mail or deliver your completed packet to the courthouse in the county where the child of the custodial parent resides. You must include a $25.00 filing fee with the completed packet. When mailing, make sure you specify the “Family Division” and “Non-dissolution Intake” in your address to insure your papers arrive at the correct department in the court.

Sample Address:

(Name of County) Courthouse Family Division Non-Dissolution Intake 1234 Street

PO Box #

City, State, Zip code

All courthouse addresses can be found on njcourts.gov.

Revised 09/03/2019, CN 11487

page 6 of 15

How to File a Request to Modify a Non-Dissolution “FD” Court Order Previously Issued By the Court

Instructions for Completing the Application/Cross Application to Modify a Court Order

Important Notice: This form can be used to request multiple reliefs from the court. Make sure to check the boxes for all the reliefs you are requesting, as only the ones you check will be considered on the day of your hearing.

A.Enter the names of the parties in the correct order on the “Plaintiff” and “Defendant” lines. You can find the correct case title at the top of the order you want to modify. Copy the information exactly as it appears on that order.

B.On the right side of the form, enter the County where you are filing the application.

C.Enter the Docket Number that has been issued in your case. You can find that number on the court order you want to modify.

D.Type or print the CS Number that has been issued in your case. You can find that number on the court order you want to modify.

E.Select whether you are filing an Application for Modification or Cross-Application for Modification.

F.Enter your name on the line between the words “I … of full age,” On the second line (at the end of the sentence) fill in the date of the original order (if known).

G.In item #1, select whether you are the Plaintiff, Defendant or the Attorney (for either the Plaintiff or Defendant) filing this application. Enter your maiden name, if applicable.

H.In item #2, enter the Plaintiff’s address on the lines provided. Make sure to include the apartment number or floor, if applicable. Enter the plaintiff’s relationship to the child(ren) in this matter.

I.In item #3, enter the Defendant’s address on the lines provided. Make sure to include the apartment number if applicable. Enter the defendant’s relationship to the child(ren) in this matter.

J.In item #4, enter the attorney’s name, attorney ID number and firm address that is representing a party in this matter.

K.In item #5, enter each child’s name, date of birth, gender and the relationship of the person with whom the child currently resides, for all those listed on the support order that you want to modify. Do not list children who do not appear on the original order.

L.In item #6, list other interested parties that should be noticed to appear in court if it applies to your case.

M.For item #7, select whether you have had previous Family Court activity related to any of the parties listed in this modification. Check only one box. If you select “Yes”, enter the title of the case, the docket number and the state or country that has jurisdiction of that case.

Select whether (to your knowledge) a child protection agency (i.e., DCP&P or similar agency in another state) has been involved with the child(ren) or listed parties.

Select whether (to your knowledge) the children are recipients of public assistance.

N.For item #8, select the appropriate checkboxes for all the reliefs you want the court to consider in your case. Select all that apply. Note that only those that are selected will be considered during your court hearing.

O.For item #9, if you are requesting to terminate your child support order, enter the name(s) and date(s) of birth of the child(ren) on the lines provided.

Select the reason(s) why the child support should be terminated. Select all that apply.

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page 7 of 15

How to File a Request to Modify a Non-Dissolution “FD” Court Order Previously Issued By the Court

P.For item #10, if you are requesting NOT to terminate your child support order, enter the name(s) and date(s) of birth of the child(ren) on the lines provided.

Select the reason(s) why the child support should be not terminated. Select all that apply and give explanations where indicated.

Q.For item #11, select whether you are requesting enforcement of a current support order (because someone is not paying as they have been ordered) or if you have already requested enforcement of your child support order through Probation

Note: If your child support order is payable through the Child Support Enforcement Division, you should contact them first for enforcement services.

R.For item #12, select all responses that apply to your modification of Existing Custody/Parenting Time Court Order, and give explanations where indicated.

S.For item #13, select the checkbox if you are applying to relocate the children out-of-state. Make sure to enter where you want to move and the reason you want to move.

Select the checkbox if you are opposed to the children moving out-of-state and explain why you are opposed in the space provided. Use Additional Information form if necessary.

T.For item #14, if you are requesting to change from the county with current jurisdiction to another county in New Jersey, enter the county where the court originally heard the case on the first line, and the county where you are requesting the court to take jurisdiction of the case on the second line. Enter the reason why you are requesting the change.

U.For item #15, check this box only if you are incarcerated and you want a detainer or bench warrant lifted so that you may apply for a work release or half way house program. You must provide the name of the facility where you are now and your inmate number.

V.Only fill out item #16 if the relief you are seeking is not contained in any of the numbered items in the form. Write in your own words the relief you are seeking for the court in the space provided. Be as specific as possible. Use Additional Information form if necessary.

W.For item #17, write whatever you feel the court should know to support your request. Write the date of the court order you want changed; if you have the order, make a copy and attach it to the application.

X.In the Required Attachments section, select the appropriate box(es) for those forms that you have attached to your packet.

Select the box if you are attaching any additional information to your packet. Select the box if you are presently incarcerated.

Y.Select whether you will need Interpreting services or ADA accommodations, and list the language and/or accommodation.

Z.The form must have the signature of the party filing the application to modify along with the signature of the attorney that is filing the application to modify on behalf of the party.

Note: Both the person filing this modification and the attorney (if any) must sign above.

Mail or deliver the completed application with a $25.00 filing fee to the correct court house.

Revised 09/03/2019, CN 11487

page 8 of 15

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Superior Court of New Jersey

 

 

Chancery Division - Family Part

 

 

County:

 

 

Plaintiff

Docket Number: FD -

 

 

 

 

vs.

CS Number: CS-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CIVIL ACTION

 

 

 

 

Defendant

 

 

 

 

 

Application for

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Modification of Court Order

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cross-Application for

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Modification of Court Order

 

I,

 

 

 

 

 

 

of full age, hereby certify the following in support of this Application/Cross-

 

 

application to modify the court order of (date if known)

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

1.

I am the

Plaintiff

Defendant

Attorney for

 

 

 

 

 

 

.

 

 

 

 

 

Maiden Name (if applicable)

 

 

 

 

 

 

.

 

 

 

 

 

 

 

 

 

 

 

2. Plaintiff resides OR is incarcerated at:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

City/Town

 

 

 

 

 

 

 

 

 

 

County

 

 

 

 

 

 

 

 

 

 

 

State

 

 

 

Zip Code

 

 

 

 

Relationship to the child(ren)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plaintiff resides OR is incarcerated at:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

City/Town

 

 

 

 

 

 

 

 

 

 

County

 

 

 

 

 

 

 

 

 

 

 

State

 

 

 

Zip Code

 

 

 

 

Relationship to the child(ren)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3. Defendant resides OR is incarcerated at:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

City/Town

 

 

 

 

 

 

 

 

 

 

County

 

 

 

 

 

 

 

 

 

 

 

State

 

 

 

Zip Code

 

 

 

 

Relationship to the child(ren)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendant resides OR is incarcerated at:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

City/Town

 

 

 

 

 

 

 

 

 

 

County

 

 

 

 

 

 

 

 

 

 

 

State

 

 

 

Zip Code

 

 

 

 

Relationship to the child(ren)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.

Attorney

Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Firm Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ID Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City/Town

 

 

 

 

 

 

 

 

 

 

State

 

 

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revised Form Promulgated by Directive #20-19 (09/03/2019), CN 11487

 

 

 

 

 

 

 

 

 

 

 

page 9 of 15

5.The child(ren) involved in this order are:

Name

 

Date of Birth

 

M/F

 

Residing with (relationship)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.Other interested parties’ name(s) and address(es):

7. I have been previously been involved in the following New Jersey family court actions or other

Yes

No

State/Country litigation with regard to any of the parties or children listed above. (If yes, give

 

 

 

the title of case and docket number.)

 

 

 

 

 

 

 

Title of Case

 

 

Docket Number

 

State/Country

a.

 

vs.

 

 

 

 

 

 

 

b.

 

vs.

 

 

 

 

 

 

 

c.

 

vs.

 

 

 

 

 

 

 

A Child Protection Agency (i.e. the Division of Child Protection and Permanency or a similar

Yes

No

agency in another State) has been involved or is currently involved with the with the child(ren)

 

 

 

or listed parties.

 

 

 

 

 

 

Is any party in this case currently receiving public assistance?

(Governed by 41 U.S.C.A. 602

Yes

No

(A)(26), N.J.S.A. 44:10-1.1, et seq.)

 

 

 

 

 

 

8. I request the following:

 

 

 

 

 

 

 

Paternity (Certification in Support of Establishing Paternity required when requesting Paternity)

 

 

 

 

Were parents of the child married at the time of birth?

 

 

 

Yes

No

 

Disestablishment of Paternity

 

 

 

 

 

 

 

Were parents of the child married at the time of birth?

 

 

 

Yes

No

Maternity

Establish/Modify Child Support (A Certificate of Parentage is required if available when filing for Child Support)

I am requesting (check one) an

increase

decrease in child support payments.

(Pursuant to Court Rule 5:5-3, you are required to complete a Financial Statement for Summary Support Actions to

serve upon the other party. At the hearing you must have your most recent federal income tax return or your three most recent pay stubs.)

Establish/Modify Spousal Support

 

I am requesting (check one) an

increase

decrease in spousal support payments.

(Pursuant to Court Rule 5:5-2, you are required to complete a Case Information Statement to serve upon the other

party. At the hearing you must have your most recent federal income tax return or your three most recent pay stubs)

Establish/Modify Financial Maintenance order

Revised Form Promulgated by Directive #20-19 (09/03/2019), CN 11487

page 10 of 15

Form Attributes

Fact Number Fact Description
1 This form is designed for modifying a Non-Dissolution "FD" Court Order previously issued by the court.
2 The form is used by individuals whose docket number starts with the letters FD.
3 It comes with a filing fee of $25.00.
4 Possible modifications include child/spousal support orders, enforcement, custody/parenting time orders, requests to relocate, and more.
5 This form cannot be used for filing an appeal, emergent applications, or if your case does not begin with FD.
6 The form needs to be typed or printed clearly on 8 ½" x 11" white paper only.
7 Included in the packet is a step for a Certification of Diligent Search if the current address of the other party is unknown.
8 Applicants are required to complete a Confidential Litigant Information Sheet for accurate court records.
9 If the modification involves child support, a Financial Statement for Summary Support Actions must be completed and submitted.
10 Governing laws include the New Jersey statutes, court rules, and the Family Support Act of 1988 for income withholding.

Nj Court 11487: Usage Guide

When seeking to alter a Non-Dissolution "FD" Court Order, understanding the process and requirements is crucial. The New Jersey Courts provide a structured procedure for submitting a Request to Modify such an order. This request could pertain to child/spousal support, custody, or even relating to a bench warrant, among other adjustments. It's vital to pay close attention to the documentation and the detailed steps required to ensure a smooth process. Below is a breakdown of how to fill out the necessary forms and what to expect once your submission is complete.

  1. Fill out the Application/Cross Application to Modify a Court Order (Form A). This form initiates the process, requesting the court to either change or enforce an existing order. When filling out this form, detail any significant changes in circumstances since the last order was issued.
  2. Provide the court with the most recent address of the other party(ies). For the court to notify the other parties involved, you must give their latest known addresses. This ensures the opposite party receives a Notice to Appear, allowing them to respond to your request.
  3. Fill out the Certification of Diligent Search (if necessary). If you do not know the current address of the other party, this form demonstrates your efforts to locate them. It's mandatory to attempt to inform every party involved, as everyone has a right to respond.
  4. Fill out the Confidential Litigant Information Sheet. This form (CN 10486) is essential for maintaining accurate court records regarding your case. Fill out all sections completely; if a section does not apply, mark it as "N/A." This document remains confidential and won't be shared with the other party.
  5. Fill out the Financial Statement for Summary Support Actions (if applicable). If your modification request includes establishing or modifying child support, this form must be completed in full. It provides a detailed account of your financial situation, which the court needs to make an informed decision.

After you have completed these steps, your request will be reviewed by the court. If accepted, a hearing will be scheduled, at which the judge will evaluate your case based on the provided information and any further evidence presented during the hearing. It is of utmost importance to precisely follow each step and provide thorough, accurate information for the best chance of a favorable outcome. Remember, this meticulous process is designed to ensure fairness and justice for all parties involved.

Listed Questions and Answers

What is the NJ Court 11487 form used for?

The NJ Court 11487 form is designed for individuals who wish to request a modification to a non-dissolution "FD" court order that was previously issued. This involves cases related to family matters such as child/spousal support, custody or parenting time modifications, enforcement of existing orders, requests to lift bench warrants for incarcerated defendants, and opposition or proposals for child relocation. It's specific to cases identified with the "FD" docket number, indicating they are non-dissolution cases within the Family Part of the Chancery Division of the Superior Court of New Jersey.

Who is eligible to use the NJ Court 11487 form?

Eligibility to use this form is specifically limited to individuals with cases bearing a docket number that starts with "FD". These are typically non-dissolution cases that do not involve divorce but include matters of custody, child support, or other family-related legal issues. It's also applicable for responding to a modification request filed by another party. However, it is not suitable for appealing court decisions, filing for emergent hearings, or if your case begins with letters other than "FD".

Is there a filing fee associated with the NJ Court 11487 form?

Yes, there is a filing fee of $25.00 that must be submitted along with the completed packet. This fee is required for the processing of your request to modify a non-dissolution "FD" court order. Failure to include the filing fee may result in delays or the non-acceptance of your modification request by the court.

What types of modifications can be requested with the NJ Court 11487 form?

  • Establishing or changing an existing Child/Spousal Support Order.
  • Enforcing the current Support Order.
  • Changing an existing Custody/Parenting Time Court Order.
  • Requesting to Relocate the Child(ren) or opposing a relocation.
  • Requesting to have a Bench Warrant/Detainer lifted for incarcerated defendants.

How can I ensure my modification request is not delayed or dismissed?

To avoid delays or the dismissal of your case, it's crucial to provide the most current address of the other party involved, as well as the name of their attorney, if known. This information ensures the court can serve a Notice to Appear to all relevant parties. If the current address of the other party is unknown, a Certification of Diligent Search must be completed and submitted. Failure to provide this information can significantly impede the progress of your modification request.

What happens if I cannot afford a lawyer?

If you cannot afford a lawyer, it is recommended to contact the legal services program in your county to see if you qualify for free legal services. Information can be found online under "Legal Aid" or "Legal Services". If you do not qualify for free services, the county bar association's Lawyer Referral Service can help you find an attorney willing to handle your case, sometimes at a reduced fee. It's important to seek legal advice to navigate the complexities of your case effectively.

Common mistakes

Filling out legal forms can often be a challenging task, especially when it involves intricate court procedures. The NJ Court 11487 form is specifically designed for those seeking to modify a Non-Dissolution “FD” Court Order. Mistakes in filling out this form can lead to delays, dismissals, or the need for re-submission, impacting the outcome and timeline of your case. Here are ten common mistakes to avoid:

  1. Incorrect Case Identification: Not ensuring that the case begins with the letters "FD." This form is only applicable for cases marked under the category of Non-Dissolution, indicated by the “FD” docket number prefix.
  2. Failure to Pay the Filing Fee: Omitting the $25.00 filing fee when submitting the completed packet can lead to the immediate rejection of the application.
  3. Incomplete Forms: Filling out the Application/Cross Application to Modify a Court Order (Form A) without detailing the change in circumstances that justify the request for modification.
  4. Not Providing Current Address: Forgetting to provide the most recent address of the other party or their attorney, which is crucial for serving the Notice to Appear.
  5. Skipping the Certification of Diligent Search: Skipping the Certification of Diligent Search (if you do not have the current address of the other party) compromises your ability to prove you made a genuine effort to locate the other party.
  6. Leaving Blank Spaces on the Confidential Litigant Information Sheet: Leaving blank spaces or failing to fill out the Confidential Litigant Information Sheet (CN 10486) entirely, which is essential for the accuracy of court records.
  7. Erroneous Financial Information: Inadequately filling out the Financial Statement for Summary Support Actions when requesting to establish or modify a child or spousal support order, which could result in an incorrect assessment of financial obligations.
  8. Using Incorrect Paper Size or Color: Submitting forms on a different size or color paper than the 8 ½ "x 11" white paper required, leading to the rejection of your documents.
  9. Not keeping copies of all submitted documents for personal records, potentially complicating future reference and follow-up on the case.
  10. Misunderstanding the Form's Purpose: Using the form for purposes other than those specifically listed, such as attempting to file an appeal or emergency hearing request, which are not covered by this packet.

By carefully avoiding these common errors and closely following the guidelines provided within the form instructions, individuals can improve the accuracy and efficiency of their filing process, potentially leading to a more favorable outcome in their legal proceedings.

Documents used along the form

When navigating the legal processes surrounding family matters, especially those that involve modifying existing court orders in the state of New Jersey, it's imperative to understand the various documents that might be necessary in conjunction to the NJ Court 11487 form. Below is a list of documents and forms that are commonly required to support a request for modification.

  • Application/Cross Application to Modify a Court Order (Form A): This form is used to formally request the court for changes to an existing order. It explains the changes you're seeking and why those changes are necessary.
  • Certification of Diligent Search (CN 11490): If the current whereabouts of the other party are unknown, this document shows the court that you have made substantial efforts to locate them. It's a necessary step to ensure all parties have a chance to participate in the legal process.
  • Confidential Litigant Information Sheet (CN 10486): This document collects detailed personal information for the court's records to ensure accurate identification and processing of cases. It remains confidential and is not shared with other parties.
  • Financial Statement for Summary Support Actions (CN 11223): If the modification involves child support, this form outlines your financial situation. Both parties must fill out and submit this form, facilitating a fair evaluation of child support needs.
  • Proof of Income: Accompanying the Financial Statement, proof of income (such as recent pay stubs, tax returns, or W-2 forms) is typically required to verify financial statements made in the petition.
  • Current Court Order(s): A copy of the current court order(s) that are being requested for modification. This helps the court quickly understand what provisions are in question.
  • Case Information Statement (CIS): Similar to the financial statement but more comprehensive, the CIS provides a detailed overview of your financial situation, assets, and liabilities. It's often required in cases affecting spousal support, child support, or the division of assets.

Understanding and preparing the right documentation is crucial for a smooth court process. Each of these documents serves a specific purpose, either informing the court of your circumstances, evidencing claims, or ensuring all parties are properly notified of proceedings. Remember, accurate and complete paperwork can significantly affect the outcome of your modification request. It's always recommended to seek assistance from legal services or a family law attorney to ensure everything is in order, especially if you're unfamiliar with the process.

Similar forms

The NJ Court 11487 form, which is used to request modifications to a non-dissolution "FD" court order, shares similarities with several other legal documents that facilitate changes or enforcement in family law cases. One such document is the Application for a Change of Custody Order. Like the NJ 11487 form, an Application for a Change of Custody Order is utilized when an individual seeks to alter existing custody arrangements due to changed circumstances, ensuring that the best interests of the child are served.

Another related document is the Request for Modification of Child Support Order. This document is used specifically for altering child support obligations. It similarly requires the submission of detailed information showcasing why a modification is necessary, akin to how the NJ 11487 form mandates the demonstration of significant changes justifying the requested modifications in support or custody.

The Motion to Enforce Visitation Order also mirrors the NJ 11487 form in structure and purpose. It's specifically designed to address cases where one party is not adhering to the agreed-upon visitation schedule. While the NJ 11487 can encompass a wider array of modifications, including visitation, both documents serve to rectify non-compliance with court orders, ensuring that prior agreements or orders are being followed.

Comparable as well, the Application for Modification of Spousal Support mirrors the NJ 11487 form in its application to amend financial support obligations between ex-spouses. Individuals submit it when there are substantial changes in financial circumstances, such as a significant increase or decrease in income, echoing the requirements for showing changed circumstances in NJ 11487.

Last but not least, the Petition to Modify Parenting Time is akin to the NJ 11487 form when the issue revolves around adjusting parenting time or visitation schedules. Both applications necessitate a detailed justification for the proposed changes, focusing on the well-being of the child(ren) involved and the practicality of the existing arrangements under new circumstances.

Dos and Don'ts

When filling out the New Jersey Court Form 11487 to modify a Non-Dissolution “FD” Court Order, it is crucial to follow specific guidelines to ensure your request is processed without unnecessary delays. Below are eight essential dos and don'ts to guide you through the process:

  • Do use the packet only if your case starts with the letters "FD." This designation is specifically for non-dissolution cases that require court intervention for modifications.
  • Do not use this packet if your case is an emergency, involves an appeal of an existing court order, or starts with letters other than "FD." There are other procedures for these situations.
  • Do include the required filing fee of $25.00 with your completed packet. This fee is mandatory for processing your request.
  • Do not leave any blank spaces on the forms. If a section does not apply to you, indicate with "N/A" (not applicable) to avoid your paperwork being returned as "deficient."
  • Do provide the most recent address of the other party when filing your modification application. This ensures that they are properly served and have the opportunity to respond.
  • Do not forget to fill out the Certification of Diligent Search if you do not know the current address of the other party. This document is crucial for demonstrating your efforts to locate the other party and is necessary for your case to move forward.
  • Do complete the Confidential Litigant Information Sheet accurately. This form is essential for the accuracy of court records and is kept confidential.
  • Do not overlook the Financial Statement for Summary Support Actions if you are requesting to establish or modify a child support order. This detailed financial information is required for the court to make an informed decision.

By adhering to these recommendations, you can ensure that your request to modify a Non-Dissolution “FD” Court Order is efficiently processed. Remember, the accuracy and completeness of your application significantly affect the expediency and outcome of your case. Therefore, taking the time to carefully review and follow these instructions is in your best interest.

Misconceptions

People often misunderstand the complexities and specifics of legal forms, including the New Jersey Court Form 11487. Here are four common misconceptions about this form:

  • It can be used for any Family Court matter. This is incorrect. Form 11487 is specifically designed for individuals looking to modify a Non-Dissolution “FD” Court Order previously issued by the court. This form is not appropriate for issuing new complaints or for dissolution (divorce) matters. It’s specifically tailored for changes to existing orders within the FD docket, which typically involve issues of child or spousal support, custody, or parenting time for unmarried or non-cohabiting parents.
  • The form allows for immediate changes to court orders. This misunderstanding assumes that submitting Form 11487 will lead to instant modifications of court orders. However, the process requires court approval. The submission of this form begins the process by which the court may consider making modifications, but changes are only made after a review of the circumstances, a possible hearing, and a judge’s determination that adjustments are warranted.
  • No filing fee is required. Some individuals mistakenly believe that filing Form 11487 is free. There is, in fact, a $25.00 filing fee associated with this packet. This fee must be included with the completed packet upon submission to the court. This cost covers the processing and handling of the request for modification.
  • Legal representation is not necessary when filing this form. While it's true that individuals can file Form 11487 without an attorney, navigating the complexities of family law on one’s own can be challenging. The form itself advises seeking legal counsel, as the laws and procedural rules in family court cases are complex. Obtaining a lawyer can help ensure that one’s interests are effectively represented, and legal services may be available for those who qualify due to financial constraints.

Understanding these nuances is critical for individuals contemplating adjustments to their FD court orders. Ensuring that forms are completed accurately and submitted with the correct fees and supplementary documents is essential for the prompt and proper handling of one’s case.

Key takeaways

When engaging with the New Jersey Court 11487 form, parties who seek to modify a Non-Dissolution “FD” Court Order need to follow specific protocols to ensure their filing is considered by the court. This guide highlights key aspects individuals must understand and adhere to throughout the process.

  • Eligibility and Purpose: The form is exclusively designed for parties whose case docket number starts with the letters FD. It serves individuals seeking to modify existing orders related to child/spousal support, custody, parenting time, or oppose relocation among others. The form should not be used for filing appeals, emergent hearings, or cases not classified under “FD”.

  • Submission Requirements: A mandatory filing fee of $25.00 accompanies the form submission. Accuracy and completeness of the form are crucial, requiring that all sections applicable to the filer’s request be filled out diligently. Submission of incomplete or inaccurately filled forms can delay the process significantly.

  • Procedural Steps: The process involves several steps, starting with filling out the Application/Cross Application to Modify a Court Order (Form A). Filers must provide the most recent address of the other party to ensure they receive a Notice to Appear. If the other party’s address is unknown, a Certification of Diligent Search must be completed. Additionally, the Confidential Litigant Information Sheet and, if applicable, the Financial Statement for Summary Support Actions are required to complete the filing process.

  • Importance of Diligent Search and Confidentiality: When the whereabouts of the other party are unknown, executing a diligent search is not only a requirement but serves as proof of effort made to involve the other party in the modification process. This is a critical step, as the court assesses these efforts before proceeding with the case. Moreover, the Confidential Litigant Information Sheet underscores the court’s commitment to maintain confidentiality and accuracy in its proceedings, necessitating careful completion and submission by the filer.

Understanding these key elements can significantly streamline the process, helping individuals navigate the complexities associated with modifying a court order. Each step reflects the court’s protocol designed to ensure fairness, accuracy, and respectful consideration of all involved parties.

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