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Navigating family law and the multitude of forms it entails can be daunting for anyone. Among these, the Form 4-11 emerges as a critical document under the Family Court of the State of New York, catering to those seeking modifications of an existing support order. Designed to address the dynamics and changes in family situations or financial standings, this form allows petitioners to present a case for the alteration of support arrangements originally decided by either the Family Court or another judicial body. The form comprehensively covers the necessity for changes based on substantial shifts in circumstances, adherence to the designated time frame since the last order, or significant financial shifts, emphasizing the court's commitment to fairness and adaptability. It outlines a systematic approach for updating support obligations, whether due to changes in income, family structure, or the cost of living, and it incorporates safeguards for ensuring that all parties are duly notified and have the opportunity to be heard. Additionally, Form 4-11 addresses the integration of child support services, outlines the procedures for non-disclosure of addresses to protect health and safety, and explains the conditions under which previous applications influence current proceedings. Through this, the form not only seeks to modify support orders to reflect current realities but also exemplifies the legal system’s adaptability to individual and familial changes, underscoring the importance of accessibility and equity in legal proceedings concerning family welfare.

Preview - 4 11 Form

 

 

Page 1

F.C.A. §§ 440, 442-447, 449, 451, 461

Form 4-11

466, 467, S.S.L. § 111-g

 

(Support-Petition for

[NOTE: Personal Information Form 4-5/5-1d,

Modification)

containing social security numbers of parties and

10/2016

dependents, must be filed with this Petition]

 

FAMILY COURT OF THE STATE OF NEW YORK

 

COUNTY OF

 

 

....................................................................................

 

In the Matter of a Proceeding for Support

 

Under Article 4 of the Family Court Act

Docket No.

(Commissioner of Social Services, Assignee,

 

on behalf of

, Assignor)

PETITION FOR

 

 

MODIFICATION OF AN ORDER

 

 

OF SUPPORT MADE BY

 

Petitioner,

☐FAMILY COURT

 

 

☐ANOTHER COURT

(Assignor)

-against-

Respondent.

.......................................................................................

TO THE FAMILY COURT:

The undersigned Petitioner respectfully shows that:

1.a. I am [check box]: □ an individual and am related to the child(ren) as follows [specify]:

and I reside at [specify]:1

□ assignee agency, which has its place of business at [specify]:

b. Respondent resides at [specify]:2

.

2.a. I was the □ petitioner □ respondent in an action instituted in the

□ Supreme Court of the State of New York, [specify county]:

County

□ Other Court [specify other court]:

Court of

 

b. The action was named [specify]:

,

Index/Docket No. [specify]:

Respondent was □ petitioner □ respondent in the action.

1Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an

unreasonable health or safety risk. SEE Family Court Act §154-b; Form 21 (available at www.nycourts.gov).

2 Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. SEE Family Court Act §154-b; Form 21 (available at www.nycourts.gov).

 

Page 2

3. a. A □ judgment □ order, dated

, was entered in the action directing the

□ Respondent □ Petitioner to [specify terms]:

.

A true copy of the □ judgment □ order is attached and made a part of this Petition.

b. An order of support dated

, was entered directing the □ Respondent

□ Petitioner to [specify terms]:

.

A true copy of the □ judgment □ order is attached and made a part of this Petition.

4. The names, addresses and dates of birth of all children affected by this order are:

CHILD’S NAME

ADDRESS3

DATE OF BIRTH

5. a. Under the terms of the □ judgment □ order, the □ Supreme Court □ Other Court

[specify]:has not retained exclusive jurisdiction to modify the □ judgment □ order. b. [Check if applicable]: □ The other Court is a court of competent jurisdiction outside the

State of New York.

6.(Upon information and belief) I have standing to seek a modification of child support because, since the entry of the □ judgment □ order,

[check applicable box]:

□ there has been a substantial change of circumstances in that [specify]:4

3Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an

unreasonable health or safety risk. SEE Family Court Act §154-b; Form 21 (available at www.nycourts.gov).

4 If incarceration is the basis for alleging substantial change in circumstances, so state and indicate whether or not the incarceration resulted from a charge and/or conviction for nonpayment of child support or an offense against the custodial parent or child who is the subject of the child support order. SEE Family Court Act §451(2)(a); Domestic Relations Law §236B(9)(b)(2)(i).

Page 3

□Unless the parties have specifically agreed otherwise in a validly executed agreement or stipulation, three years have passed since the order was entered, last modified or adjusted. [NOTE: This ground only applies to original or modified support orders entered on or after October 13, 2010].

□Unless the parties have specifically agreed otherwise in a validly executed agreement or stipulation, there has been a change in either party’s gross income by fifteen percent or more since the order was entered, last modified or adjusted. [NOTE: This ground only applies to original or modified support orders entered on or after October 13,

2010]. The basis for this allegation is as follows [specify]:

7.The □ judgment □ order should be modified as follows [specify]:

.

8.[Delete if inapplicable]: I did not make an application earlier for relief from the □ judgment

□order directing payment prior to the accrual of arrears because (s)[specify reason(s)]:

9.[Applicable to individual petitioners; if agency, skip to ¶10]: check a box only if applicable]: I am hereby applying for child support services from the Support Collection Unit (the IV-D

program pursuant to Title 6-A of the Social Services Law) through the filing of this Petition, unless:

□ I have already applied for child support services from the Support Collection Unit (the IV-D

program pursuant to Title 6-A of the Social Services Law)

□ I do not need to apply now because I have continued to receive child support services after

the public assistance or care case, or foster care case, for my family has closed.

□I do not wish to apply for child support services.

□I am not eligible to apply for child support services because I am petitioning for spousal

support only.

10.No previous application has been made to any judge or court, including a Native American tribunal, or is presently pending before any judge or court, for the relief requested in this petition (except

WHEREFORE, I respectfully request that the □judgment □ order of the □ Supreme

Court □ Other Court [specify]:

, dated

, be modified as set forth above

and for such other relief as the Court may deem just and proper.

 

NOTE: (1) COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDING COMMENCED BY THIS APPLICATION (PETITION) SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OF

Page 4

LIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO BE HEARD BY THE COURT AND TO PRESENT EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN OF THE FAMILY COURT ACT, KNOWN AS THE CHILD SUPPORT STANDARDS ACT.

(2)A PARTY SEEKING SUPPORT FOR ANY CHILD(REN) RECEIVING FAMILY ASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED BY THE SUPPORT COLLECTION UNIT, WITHOUT FURTHER APPLICATION BY ANY PARTY. ALL PARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.

(3)WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY

CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTION FOUR HUNDRED FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER, REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.

___________________________________

Dated:Petitioner

___________________________________

Print or type name

___________________________________

Signature of Attorney, if any

___________________________________

Attorney’s Name (Print or Type)

___________________________________

___________________________________

Attorney’s Address and Telephone Number

Download 4 11 PDF Form

Form Data

Fact Detail
Governing Law F.C.A. §§ 440, 442-447, 449, 451, 461, 466, 467, S.S.L. § 111-g
Form Purpose Support-Petition for Modification
Companion Form Requirement Personal Information Form 4-5/5-1d (with social security numbers)
Jurisdiction Family Court of the State of New York
Modification Criteria Substantial change in circumstances; or change in gross income by fifteen percent or more; or three years since order was entered, last modified, or adjusted
Confidentiality Provision Addresses may be kept confidential if disclosure poses an unreasonable health or safety risk
Support Services Application Petitioners can apply for child support services from the Support Collection Unit through the filing
Cost of Living Adjustment Notification Support orders may be adjusted for cost of living no earlier than twenty-four months after issuance
Address Requirement Parties must provide and update their address with the Support Collection Unit to receive adjusted orders

Instructions on Utilizing 4 11

Filling out the 4-11 form, a Support-Petition for Modification, is a crucial step in requesting a change to an existing support order. This procedure might feel overwhelming, but breaking it down into manageable steps can simplify the process. Accurately completing the form ensures that the court understands your request and has all the necessary information to make a decision. Whether you're an individual seeking to modify support due to changed circumstances or an assignee agency acting on behalf of someone else, it's essential to provide clear, detailed information.

  1. Start by entering the county name at the top of the form where it states “COUNTY OF”.
  2. Under “In the Matter of a Proceeding for Support Under Article 4 of the Family Court Act,” fill in the Docket No. if known.
  3. Select who you are in the proceeding by ticking the appropriate box - either "Family Court" or "Another Court.”
  4. In section 1.a, check the appropriate box to indicate whether you are an individual or an agency. If you’re an individual, specify your relationship to the child(ren) and provide your address. Note: if there’s a court order that keeps your address confidential due to health or safety risks, you must adhere to this.
  5. In 1.b, enter the respondent's address. Remember the note about confidentiality if it applies.
  6. For sections 2.a and 2.b, provide information about any previous actions in Supreme or Other Court, including the county, the court's name, the case name, and docket number.
  7. In section 3, detail any existing judgment or order, including its date and terms. Attach a copy of the judgment or order as part of your petition.
  8. List the children affected by the order, including their names, addresses, and dates of birth in section 4.
  9. Section 5 asks about the jurisdiction over the order; fill this out based on whether the Supreme Court or another court has retained exclusive modification rights, and if the order relates to a court outside New York.
  10. In section 6, specify the basis for seeking a modification, such as a substantial change of circumstances or a significant change in either party's gross income.
  11. Describe how you want the order modified in section 7.
  12. If applicable, explain why you didn't seek modification earlier in section 8.
  13. For individual petitioners, indicate whether you're applying for child support services from the Support Collection Unit in section 9. Agencies can skip to paragraph 10.
  14. Confirm that no previous application for the requested relief is pending in section 10.
  15. Lastly, sign and date the form at the bottom. If you're represented by an attorney, the attorney should also provide their information and signature.

After submitting your petition, the court will review your request and may set a hearing date. At this hearing, you can present your case for why the modification is necessary. The respondent will also have an opportunity to respond to your petition. It is essential to prepare any supporting documents or evidence that backs up your claim for the hearing. Taking the time to accurately fill out the form and gather supporting evidence can help streamline the process and increase the chance of a favorable outcome.

Obtain Answers on 4 11

  1. What is a Form 4-11?

    Form 4-11 is used in Family Court to request a modification of an existing support order, which can include child support or spousal support. This form allows an individual or an agent of an assignee agency to formally ask the court to change the support terms due to new circumstances.

  2. When should you file a Form 4-11?

    You should file a Form 4-11 if there has been a substantial change in circumstances since the original or last modified order was issued. This can include changes in income, incarceration of a party, or other significant life changes that affect the financial needs or abilities of either party.

  3. What are the requirements for filing a Form 4-11?

    To file a Form 4-11, you must have a copy of the current support order and provide evidence of the change in circumstances that warrants the modification. Additionally, personal information forms containing social security numbers of the parties and dependents must be filed alongside this petition.

  4. Can Form 4-11 be used to modify any support order?

    Form 4-11 can be used to modify support orders made by the Family Court or another court, as long as the specific court does not retain exclusive jurisdiction over the case. It's important to check the original order to understand where modifications can be filed.

  5. What are the grounds for seeking a modification through Form 4-11?

    • Substantial change in circumstances.
    • Three years have passed since the original or last modified order was entered, modified, or adjusted.
    • There has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified, or adjusted.

  6. What happens after filing a Form 4-11?

    After filing, the court will review the petition and the evidence presented. Both parties will likely be required to attend a court hearing where they can present their case. The court then decides whether to grant the modification request based on the information provided.

  7. Do I need a lawyer to file a Form 4-11?

    While it's not mandatory to have a lawyer to file a Form 4-11, legal advice can be very helpful. A lawyer can guide you through the process, help prepare your case, and represent you in court if necessary.

  8. How does incarceration affect a Form 4-11 modification request?

    Incarceration can be considered a substantial change in circumstances, especially if it affects the individual's ability to pay. However, the court will consider if the incarceration was due to non-payment of support or an offense against the custodial parent or child when evaluating the request.

  9. Can past arrears be modified using Form 4-11?

    Generally, past due amounts cannot be modified once they have accrued. However, the form allows petitioners to explain why they didn't seek modification before accruing arrears, which the court may consider under certain circumstances.

Common mistakes

  1. Not attaching a true copy of the judgment or order that is being requested for modification. The form explicitly asks for a true copy of the judgment or order to be attached and made a part of the petition. Failure to attach this document can lead to processing delays or the outright rejection of the petition for modification.

  2. Incorrectly specifying their relationship to the child(ren) or failing to provide complete addresses. It's critical that the petitioner accurately describe their relationship to the child(ren) involved and supply full addresses where required. Missing or incorrect information can affect the outcome of the case.

  3. Not detailing a substantial change of circumstances. To justify a modification of the support order, one must present a substantial change in circumstances since the last order was issued. This includes significant changes in income, custody, or the needs of the child.

  4. Overlooking the need to apply for child support services. For individual petitioners, it's important to indicate whether they are applying for child support services from the Support Collection Unit through the filing of the petition. Not checking the appropriate box can lead to misunderstandings regarding the support enforcement services required.

  5. Failure to state previous applications for relief from the judgment or order. If the petitioner has made previous applications for relief that are pertinent to the current petition, these must be disclosed. Omitting this information can lead to incomplete consideration of the current circumstances.

  6. Not updating personal information or the addresses of all parties involved. The form requires current addresses for all parties to ensure proper notification and processing. A failure to provide and update this information can lead to significant delays in the proceedings.

Mistakes in filling out the Form 4-11 for a petition for modification of an order of support can have significant implications for the processing and outcome of the case. Ensuring accuracy and completeness in filling out the form is essential for the swift and accurate handling of support modification requests.

Documents used along the form

When navigating the complexities of the family court system, particularly in matters related to support modifications, understanding and preparing the necessary documentation is crucial. The Form 4-11 (Support-Petition for Modification) plays a vital role in these proceedings. However, it is often just one piece of the puzzle. Several other forms and documents are typically utilized in tandem with Form 4-11 to ensure a comprehensive approach to seeking modifications to an order of support.

  • Personal Information Form (4-5/5-1d): Contains sensitive data such as social security numbers for both parties and dependents. Its primary function is to safeguard personal information while facilitating the processing of the support petition.
  • Statement of Net Worth (DRL §236): A detailed account of the financial status of the parties involved, listing assets, liabilities, income, and expenses. This document is crucial for the court to make informed decisions regarding support modifications.
  • Income Deduction Order: Specifies the manner in which support payments will be deducted directly from the payer's income, ensuring consistency and timeliness in support payments.
  • Uniform Support Petition: Utilized when support enforcement or modification is sought across state lines, fostering cooperation between jurisdictions under the Uniform Interstate Family Support Act (UIFSA).
  • Order of Protection (if applicable): Relevant in situations where domestic violence or the threat thereof influences the support modification request. It provides legal protection for the petitioner and can impact custody arrangements.
  • Health Insurance Evidence: Documentation proving the existence of health insurance coverage for dependents, which is a critical factor in support cases, especially when modifications are sought due to changes in healthcare needs or availability.
  • Proof of Income and Employment: This includes pay stubs, tax returns, and employer statements, providing a factual basis for any requested modification to the support order based on changes in financial circumstances.

While Form 4-11 is pivotal, the success of a support modification petition often hinges on the proper utilization and submission of accompanying forms and documents. Each document fills a specific niche in building the case for modification, whether it be demonstrating a change in financial circumstances, safeguarding personal information, or ensuring enforcement across jurisdictions. Together, these forms construct a comprehensive petition that addresses all facets of the support modification process, aligning with the court’s mandate to act in the best interests of the children involved.

Similar forms

  • The Uniform Interstate Family Support Act (UIFSA) Petition is similar because it also involves modifying and enforcing child support orders across state lines. Both documents focus on ensuring the financial well-being of children and may require updating due to changes in circumstances.

  • The Income Withholding Order (IWO) for Support shares common ground because it is used to enforce support orders, including those modified by a document like Form 4-11, by directly withholding income from the payer's wages.

  • The Petition for Custody and Support of Minor Children parallels this form as it also deals with the provision of support for children, potentially leading to a court order that could later be modified through a document similar to Form 4-11.

  • The Modification Petition (Support) within a different jurisdiction, such as a state civil court, displays similarities by seeking adjustments to an existing support order based on changes in the circumstances or needs of the child or financial status of the parents.

  • A Child Support Review Letter is analogous as it initiates the process of reviewing and potentially modifying a child support order. While it is a less formal request than a petition like Form 4-11, it serves a similar objective.

  • The Support Collection Unit (SCU) Application connects with Form 4-11 through its involvement in managing and enforcing child support orders, including modifications to orders as outlined in the petition.

  • The Financial Affidavit for Child Support correlates closely as it provides a detailed account of a parent's finances, which is crucial for determining the need for a modification of the support order as sought in the Form 4-11.

  • Voluntary Acknowledgment of Paternity Form, while primarily focused on establishing paternity, indirectly relates to Form 4-11 since establishing paternity is a precursor to seeking child support and potentially modifying such orders in the future.

  • The Domestic Relations Order (DRO) for dividing retirement benefits in family law cases, although serving a different primary purpose, involves legal proceedings that impact financial support obligations and modifications thereof, similar to how Form 4-11 is used in modifying child support orders.

Dos and Don'ts

Filling out the Form 4-11 for support petition modification requires attention to detail and a clear understanding of the process. Below is a guide highlighting essential dos and don'ts to help navigate this procedure effectively.

  • Do ensure all personal information is accurate and up-to-date, including addresses and social security numbers, to avoid delays or issues in the processing of the form.
  • Do attach a true copy of the current support order as evidence for the basis of the modification request, ensuring the document is clear and legible.
  • Do clearly specify your relationship to the child or children involved, providing detailed information to establish the legitimacy of your request.
  • Do indicate whether there has been a substantial change of circumstances that justifies the modification, detailing the specific changes and how they affect the support needs.
  • Don't leave sections blank; if a section does not apply, make sure to indicate this by writing 'N/A' or 'Not Applicable' to show that the question has been considered and answered.
  • Don't forget to check the boxes that apply to your situation on the form. An unchecked box might imply oversight or missing information.
  • Don't hesitate to seek clarification or assistance from legal experts or court personnel if you encounter confusing sections or legal jargon that is difficult to understand.
  • Don't sign the petition without reviewing all the information entered for accuracy and completeness to ensure that all your statements are true and correct to the best of your knowledge.

Adhering to these guidelines can help streamline the modification process, reducing the potential for errors that could impact the outcome of your petition.

Misconceptions

When it comes to legal proceedings, it's important to have a clear understanding of the documents involved, including the Form 4-11 which is used in Family Court for the petition for the modification of a support order. However, misconceptions frequently arise regarding this form and its implications. Let's address some of these misconceptions to ensure a better understanding:

  • Only the original petitioner can request modifications: This is inaccurate. Either party, whether they were the original petitioner or the respondent in the support order, can file Form 4-11 seeking a modification of the order given that they meet certain criteria specified within the form.

  • Modifications are automatic upon request: Simply filing the Form 4-11 does not guarantee that a modification will be granted. The court considers various factors, such as substantial changes in circumstances, and decides based on the best interests of the child or children involved.

  • You can only file for modification in New York State courts: While the form is specific to New York, similar processes exist in other jurisdictions. If the original order was issued in New York but parties now live in another state, consultation with legal counsel is advisable to determine the appropriate course of action.

  • Personal information is made public with the filing of Form 4-11: Certain personal information is protected. For example, addresses can be withheld from public documents if disclosing them would pose an unreasonable health or safety risk.

  • Form 4-11 is only for child support modifications: This form can also be used to seek modifications to spousal support orders, not just child support. However, eligibility criteria will apply.

  • No new evidence or documentation is needed for modifications: When submitting Form 4-11, it's essential to attach relevant documentation, such as a copy of the current order and any evidence supporting the claim for modification.

  • Income changes below fifteen percent do not qualify for modifications: While a change in either party's gross income by fifteen percent or more is one of the criteria, it's not the only basis for modification. Other substantial changes in circumstances can also qualify.

  • Applying for child support services negates the need for Form 4-11: Even if someone decides to apply for child support services through the IV-D program, they might still need to file Form 4-11 to request modifications to an existing order.

Understanding these misconceptions about Form 4-11 can help individuals navigate the Family Court system more effectively, ensuring they take the proper steps toward modifying a support order in accordance with the law and their children's best interests.

Key takeaways

Filing a Form 4-11, or a Petition for Modification of an Order of Support, involves a detailed process that necessitates an understanding of various legal requirements and procedural steps. Here are key takeaways to guide individuals through this process:

  • Ensure all necessary personal information is accompanied by Form 4-5/5-1d, focusing on safeguarding the social security numbers of parties and dependents involved.

  • It's crucial to identify your relationship to the child(ren) involved and to provide accurate residential information for both the petitioner and respondent, with confidentiality considerations if there's a risk to health or safety.

  • Historical context matters; details about previous legal actions, including the court, county, and nature of the case, must be accurately cited.

  • Attaching a true copy of the current judgment or order for support is mandatory for substantiating your request for modification.

  • Listing the affected children by name, address, and date of birth is a critical step that ensures clarity regarding whom the order concerns.

  • Clarify jurisdictional authority, especially if the initial judgment or order was made in a court outside New York State or by a court other than the Supreme Court.

  • For a successful modification petition, one must demonstrate standing by proving a substantial change in circumstances, a predefined period elapsed since the last order, or a significant change in either party’s gross income.

  • Articulate clearly how the order should be modified, providing specific details on the desired changes to the support arrangement.

  • If relevant, explain any delays in seeking modification to potentially mitigate accruing arrears under the prior support arrangement.

  • Individual petitioners (excluding agencies) must address whether they are applying for child support services alongside the petition, underscoring the importance of formal support through the state’s IV-D program.

  • Previous applications for the same relief should be disclosed to avoid duplicative proceedings, ensuring the court is aware of any related legal activities.

  • Understand that court-ordered support, resulting from the petition, may be subject to cost of living adjustments and automatic reviews by the Support Collection Unit, emphasizing the dynamic nature of support orders.

By paying close attention to these details, individuals can navigate the complexities of modifying a support order with greater confidence and legal insight.

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