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In the landscape of family law, few documents carry the weightiness and utility as found in the NJ Court 11487 form, a pivotal resource for those seeking to amend a Non-Dissolution “FD” Court Order in New Jersey. With its primary function rooted in facilitating modifications to court orders that have previously been issued, this document outlines a comprehensive pathway for parties desiring changes to child or spousal support, custody arrangements, or concerning relocation requests. The form, nestled within the Superior Court of New Jersey's Chancery Division - Family Part, is specifically designed for use by individuals whose cases bear the "FD" docket number, signaling matters that are non-dissolution in nature. Not only does this form act as a guide through which changes can be sought, but it also caters to those responding to modification requests, delineating a clear process inclusive of a mandatory filing fee. Inherent within the packet's instructions is an emphasis on attempting to secure legal representation due to the complexities surrounding family law and the procedural nuances of the court. Furthermore, the essentiality of thoroughness in completing the provided forms cannot be overstressed, as it significantly influences the court's ability to deliver fair and just decisions. As such, the NJ Court 11487 form stands as an indispensable tool for individuals navigating the intricacies of modifying court orders within the domain of family law.

Preview - Nj Court 11487 Form

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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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.

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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 (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

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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

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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.

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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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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.

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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 Data

Fact Name Description
Form Purpose This form is used to file a request to modify a Non-Dissolution “FD” Court Order previously issued by the court in family-related matters.
Eligibility You can use this packet if your docket number starts with FD and you want to change an order from the court. It’s also applicable if you intend to respond to a modification request filed by another party.
Filing Fee A filing fee of $25.00 is required to submit the completed packet.
Types of Modifications Types of modifications you can request include establishing or changing child/spousal support orders, enforcing current orders, modifying custody or parenting time, relocation requests, and lifting bench warrants for incarcerated defendants.
Governing Law The packet and the process it outlines are governed by New Jersey statutes and court rules, which are subject to updates that reflect current law.
Submission Requirements Completed forms must be submitted to the Family Division where the case is filed, and applicants must ensure forms are filled out with accurate and current information to avoid delays.

Instructions on Utilizing Nj Court 11487

Filing a request to modify a Non-Dissolution "FD" Court Order is a legal process for individuals who seek to change an existing court order. This may involve altering child or spousal support, custody arrangements, or other modifications related to family law matters. Given the complexities of the legal system, understanding the steps necessary to file for a modification is crucial to navigating the process successfully. It is important to complete the required forms carefully and submit them to the appropriate court division. Below is a straightforward guide to filling out NJ Court 11487 form and the subsequent steps to take.

  1. Fill out the Application/Cross Application to Modify a Court Order (Form A). Clearly state the changes you are requesting and provide supporting reasons indicating why the modification is necessary due to changed circumstances since the original order was made.
  2. Provide the court with the most recent address of the other party(ies). This ensures they receive a Notice to Appear and have the opportunity to respond to your modification request. Accurate addressing helps avoid delays or dismissals.
  3. Fill out the Certification of Diligent Search (if necessary). If you do not know the current whereabouts of the other party, fill out this form to document your efforts to locate them. This step demonstrates to the court that you have made a genuine attempt to involve the other party.
  4. Fill out the Confidential Litigant Information Sheet. This form collects essential information about you for court records while maintaining confidentiality. Complete all sections to prevent processing delays.
  5. Fill out the Financial Statement for Summary Support Actions (if applicable). If your request involves adjusting child or spousal support, this document outlines your financial situation. Complete every section to provide the court with a clear understanding of your financial standing.

Once all relevant forms are meticulously filled out, submit the complete packet, including the filing fee, to the Family Division of the court where your case is filed. It is also vital to keep copies of all documents for your records. Proper submission starts the process of having your request reviewed by the court, leading to a scheduled hearing. The court will then determine whether the requested modifications are warranted based on the presented evidence and circumstances.

Obtain Answers on Nj Court 11487

  1. Who should use the NJ Court 11487 form?

    This form is designed for parties with a docket number starting with "FD" who seek to modify a non-dissolution court order previously issued. This includes requests for changes in child/spousal support, enforcement of support orders, custody/parenting time adjustments, relocation requests, and lifting of bench warrants for incarcerated defendants. Avoid using this form for case beginnings with letters other than “FD”, appeals, emergent applications, or other case types.

  2. What is the filing fee for the 11487 form?

    A $25.00 filing fee must accompany the completed form when it is submitted to the court. This fee is crucial for the processing of your request.

  3. What should you consider before representing yourself in court?

    Understanding the law and court procedures is complex. Efforts to secure a lawyer should be made. If unable to afford one, explore legal aid options. Remember, court staff can offer procedural guidance but not legal advice.

  4. How do you provide the court with the other party's most recent address?

    When filing, you must include the most recent address of the other party to ensure they receive court notifications. Failure to do so may delay or dismiss your case.

  5. What if you cannot locate the other party?

    Complete a Certification of Diligent Search documenting efforts to find the other party. If successful, report to the court with provided proof. This step is necessary before the court proceedings.

  6. What is the purpose of the Confidential Litigant Information Sheet?

    This form captures accurate court records from those filing for modifications and remains confidential. It's mandatory for processing your request.

  7. Is the Financial Statement for Summary Support Actions necessary for all cases?

    Only when requesting to establish or modify a child support order in an FD case. Both parties must complete and file this form, supplying detailed financial information as part of their submission.

  8. Where can one obtain the NJ Court 11487 form and its associated documents?

    All necessary documents, including the most updated versions of the NJ Court 11487 form and instructions, are available at the county courthouse or on the New Jersey Judiciary's website at njcourts.gov.

Common mistakes

When attempting to modify a Non-Dissolution “FD” Court Order using the New Jersey Court Form 11487, individuals often encounter challenges due to common mistakes. Understanding and avoiding these errors can streamline the process and help ensure more favorable outcomes. Here are six common mistakes:

  1. Failing to use the specific form designated for cases with an FD docket number. This form is tailored for certain types of modifications within the Family Division, and using the wrong form can lead to delays or dismissal.
  2. Not including the required filing fee of $25.00 with the completed packet. This oversight can halt the progress of your request until the fee is paid.
  3. Leaving sections of the form blank or providing incomplete information. Each question is designed to gather essential details about your case. When information is missing, the court may not have a sufficient basis to grant your request.
  4. Omitting the most recent address of the other party. This is critical for service of the Notice to Appear. The court needs to notify the other party of your modification request, and failure to provide accurate contact information can result in your case being delayed or dismissed.
  5. Not completing the Certification of Diligent Search when you do not know the current address of the other party. Demonstrating that you have made a serious effort to locate the other party is necessary for the court to proceed with your case.
  6. Incorrectly filling out or not submitting the Confidential Litigant Information Sheet. This document is crucial for maintaining accurate court records. Every space must be filled, even if the response is “N/A” for not applicable.

By avoiding these common mistakes, you can help ensure that your request to modify a Non-Dissolution “FD” Court Order is processed smoothly and efficiently. Remember, the accuracy and completeness of your submitted paperwork play a significant role in the success of your case.

Documents used along the form

When dealing with matters of family court, particularly in situations requiring a modification to a Non-Dissolution “FD” Court Order in New Jersey, the NJ Court 11487 form is pivotal. Alongside this crucial form, there are several other forms and documents often employed to accurately represent one's case and ensure all bases are covered. Understanding each document's purpose can provide a clearer path through the complexities of family court proceedings.

  • Certification of Diligent Search (CN 11490): Used when the current address of the other party is unknown, this document proves to the court that an earnest effort has been made to locate the other party involved in the case.
  • Confidential Litigant Information Sheet (CN 10486): Ensures the accuracy of court records by requiring detailed information about the parties involved. It is confidential and not shared with the other party.
  • Financial Statement for Summary Support Actions (CN 11223): Required for establishing or modifying child support orders, detailing the financial situation of the party filing for the modification.
  • Notice to Appear: Not an official form, but a document generated by the court to inform all parties of the date, time, and location of the court hearing.
  • Family Part Case Information Statement: Provides a snapshot of the financial situation of both parties involved in the case. This document is essential for support modifications.
  • Application/Cross Application to Modify a Court Order (Form A): The initial document filed to request a change or enforcement of an existing court order, specifying the changes sought.
  • Custody and Parenting Time Application: For cases seeking to modify custody or parenting arrangements, detailing the proposed changes and the reasons behind them.
  • Income Withholding for Support: Facilitates the garnishment of wages to fulfill child or spousal support obligations as ordered by the court.
  • Order to Show Cause: Utilized in emergency situations that require immediate court intervention to prevent irreparable harm.

Together, these documents play critical roles in the court's ability to understand and accurately adjudicate cases. Whether seeking modifications to support, custody, or other matters within an FD case, the careful preparation and filing of the appropriate forms and documents help ensure that the court has a comprehensive view of the circumstances and needs of the parties involved. While the process may seem daunting, a clearer understanding of each document's purpose and how they work together can empower individuals navigating through the New Jersey family court system.

Similar forms

  • Complaint for Divorce: Like the NJ Court 11487 form, a Complaint for Divorce initiates legal action in family court. Both documents involve providing detailed personal and financial information to the court, and they may request changes to legal or financial status.

  • Application for Child Support: This document is similar because it also involves family matters and requires submitting personal and financial information to modify or establish support obligations, similar to the modification requests in the NJ Court 11487 form.

  • Certification of Diligent Search: The Certification of Diligent Search is embedded within the NJ Court 11487 packet for cases where one party lacks current information on the other. Both documents serve to inform the court of efforts made to locate and notify involved parties.

  • Confidential Litigant Information Sheet: Required in various family court filings, including the NJ Court 11487 filing process. It collects sensitive information for internal court use to ensure accurate record-keeping and handling of the case.

  • Motion to Modify Custody or Parenting Time: Similar to the modification component of the NJ Court 11487 form, motions to modify custody or parenting time involve presenting changes in circumstances and requesting the court to adjust a prior order accordingly.

  • Request for Order to Show Cause: While it can be used for emergency modifications not suitable with the NJ Court 11487 form, both applications involve legal requests for the court to take action based on new or prevailing issues.

  • Financial Statement for Summary Support Actions: This document, necessary for establishing or modifying support as mentioned in the NJ Court 11487 packet, provides the court with a detailed financial overview of the applicant, critical for decisions on support matters.

  • Application/Cross Application to Modify a Court Order: This specific form within the NJ Court 11487 packet outlines the procedural steps to request a modification of an existing order due to changes in circumstances, focusing on financial or custodial adjustments.

  • Notice of Motion for Modification: Like the NJ Court 11487 form, notices of motion are filed to request changes to existing orders. Both require detailed explanations and evidence of why modification is necessary.

  • Bench Warrant/Detainer Lift Request: Within the NJ Court 11487 packet, there's an option to request lifting a bench warrant. It's specifically tailored for individuals seeking to address or clear charges and warrants due to non-compliance with a court order, similar to stand-alone applications for such relief.

Dos and Don'ts

When dealing with the process of filling out the NJ Court 11487 form for modifying a Non-Dissolution “FD” Court Order, navigating the requirements and instructions can be overwhelming. To ensure accuracy and compliance, here's a concise guide on what you should and shouldn't do:

Do:
  • Read all instructions carefully before starting. Understanding each step is crucial for a successful filing.
  • Use black ink and print legibly if the form is filled out by hand to ensure all information is readable.
  • Keep a copy of all documents for your records. This ensures you have a personal record of what was submitted, which is important for future reference or if any issues arise.
  • Provide the most recent address of the other party to ensure they are properly notified, as failing to do so can lead to delays or dismissal of your case.
  • Complete the Confidential Litigant Information Sheet accurately. It's essential for the court's records and to process your case efficiently.
  • Fill out the Financial Statement for Summary Support Actions (if applicable). This document is critical for support modification requests.
  • Pay the $25.00 filing fee. The submission of your packet without this fee may result in rejection.
Don't:
  • Leave any fields blank. If a section does not apply, mark it with “N/A” to indicate this to the court.
  • Use different sized or colored paper. Forms must be on 8 ½ “x 11” white paper to be accepted.
  • Submit outdated information. Ensure all details, especially contact information and financial statements, are current.
  • Guess on any answers. If unsure, seek clarification to avoid mistakes that could impact your case.
  • Forget to sign the form. An unsigned form can lead to immediate rejection.
  • Ignore the requirement for a diligent search. If you do not know the address of the other party, you must complete and submit the Certification of Diligent Search with your packet.
  • Assume automatic approval. The court will change an order only if significant facts or circumstances have changed.

By following these guidelines, you can navigate the process of modifying a Non-Dissolution “FD” Court Order with confidence. Remember, when in doubt, refer back to the form’s instructions or consider seeking legal assistance to ensure your paperwork is correctly prepared and submitted.

Misconceptions

When dealing with family court documents such as the New Jersey Court Form 11487, it's crucial to navigate through common misunderstandings to ensure proper use and adherence to procedures. This form is designed for those seeking to modify an existing non-dissolution "FD" court order. Misinterpretations can lead to procedural errors, potentially compromising the outcome of a case. Below are six common misconceptions about this form and their clarifications.

  • Misconception 1: The NJ Court 11487 form can be used for any type of family court case.

This form is specifically intended for cases designated with a docket number beginning with "FD", which relates to non-dissolution matters. It is not applicable to all types of family court cases, such as those pertaining to divorce (identified by a different docket number) or emergent issues that require immediate court attention.

  • Misconception 2: Once submitted, the court automatically approves requests made on the form.

A request made through the NJ Court 11487 form initiates a review process where the court evaluates the merits of the modification sought. Approval is not automatic; it depends on demonstrating that significant circumstances have changed since the original order was issued.

  • Misconception 3: A lawyer is not necessary when using this form.

While individuals have the right to represent themselves and use this form without legal representation, the complexities of family law strongly recommend seeking legal advice. A lawyer can help navigate the legal system more effectively and increase the chances of a favorable outcome.

  • Misconception 4: There is no need to inform the other party involved in the case about the modification request.

Transparency and due process are fundamental to legal proceedings. The other party must be notified of the modification request to allow them the opportunity to respond. Failing to do so can delay the process or result in dismissal of the case.

  • Misconception 5: There is a standard $25.00 filing fee for all modification requests.

While the form mentions a $25.00 filing fee, it's essential to verify current fees as they may change. Fee waivers may be available for individuals who cannot afford them, emphasizing the need to consult with court administration for the most up-to-date information.

  • Misconception 6: Personal information provided on the form is available to the public.

The Confidential Litigant Information Sheet required with the submission of the NJ Court 11487 form ensures that sensitive personal information remains confidential and is not disclosed to the other party or the general public, safeguarding the privacy of individuals involved.

Understanding these misconceptions and approaching the form with accurate information can help individuals better navigate the complexities of family court proceedings, potentially leading to more favorable outcomes in modifying court orders.

Key takeaways

  • Filing a request to modify a Non-Dissolution “FD” Court Order is specifically for changes to orders concerning child/spousal support, enforcement of orders, custody/parenting time changes, relocation requests, and lifting bench warrants. This is applicable only if your case begins with the letters "FD".

  • A $25.00 filing fee must accompany the completed modification packet, ensuring that the court processes your request.

  • It's crucial to provide the court with the current address of the other party(ies) involved to ensure they receive a Notice to Appear for the scheduled court date, which is a mandatory part of the modification process.

  • Before the case can proceed, a Certification of Diligent Search needs to be completed if the current address of the other party is unknown. This demonstrates to the court the efforts made to locate the other party.

  • The Confidential Litigant Information Sheet (CN 10486) is necessary for the accuracy of court records and must be filled out completely; otherwise, the submission could be marked as deficient, delaying court procedures.

  • If establishing or modifying a child support order, the Financial Statement for Summary Support Actions (CN 11223) is required, highlighting the necessity of fully completed forms for consideration by the court.

  • Efforts to obtain legal representation are encouraged due to the complex nature of the law and procedural rules in the Family Division, with resources available for those unable to afford a lawyer.

  • Self-represented individuals must not expect special treatment from the court, with clear boundaries on what court staff can and cannot do to assist.

  • Keeping copies of all documents related to your case, including the modification request and any communications, is advised for personal records. This organized approach ensures that you have all necessary information readily available for any future needs.

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