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Navigating the complexities of Family Court can be a daunting process for anyone looking to modify or enforce a court order related to their divorce or other Family Court matters. The FM Motion NJ Family Court form, revised on September 3, 2013, serves as a comprehensive guide for individuals in these circumstances. Whether the need arises to adjust child support or alimony payments, change custody or visitation arrangements, enforce litigants' rights, or undertake other related legal actions, this packet offers a structured pathway for presenting one's case to the court. It is specifically designed for use in cases identified with an “FM” docket number, addressing various post-judgment modifications and enforcement actions under Court Rule 5:5-4. Importantly, individuals are discouraged from using this packet if their matters involve direct payments without the intervention of the Probation Division. This document also outlines the necessary steps for filing miscellaneous motions that require judicial consideration, emphasizing the importance of adhering to submission deadlines to ensure timely consideration by the court. The information within, prepared by the New Jersey Administrative Office of the Courts, is geared towards self-represented litigants, highlighting the packet’s role not only as a form submission guide but also as a critical resource for understanding court expectations and procedural requirements.

Sample - Fm Motion Nj Family Court Form

Revised September 3, 2013

Family – Multi-Purpose Post judgment

Motion Packet

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

Another Related Action in Your Case

(Family Multipurpose Post-Judgment Motions)

Who should use this packet?

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

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

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

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

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

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

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

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

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

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

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

A Motion for Relocation of children (FM cases only)

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

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

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

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

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What do you need to complete this packet?

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

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

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Descriptions of Motions That You Can File With This Packet

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

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

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

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

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

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

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

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

Motion to Enforce Litigants’ Rights (FM only):

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

Motion for Emancipation of a Child (FM only):

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

Motion for Reimbursement of Medical Expenses (FM only):

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

Motion for a Change of Venue (FM only):

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

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

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

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

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

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

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

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

What deadlines do you need to meet?

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

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

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

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

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

njcourts.com.

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

Try to Get a Lawyer

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

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

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

What You Should Expect If You Represent Yourself

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

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

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

We can give you some information from your case file.

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

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

We can usually answer questions about court deadlines.

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

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

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

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

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

We cannot change an order issued by a judge.

Keep Copies of All Papers

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

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

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

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send things by certified mail, return receipt requested.

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

If You Want to File an Appeal, Not a Motion

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

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

Appellate Division, Superior Court,

Hughes Justice Complex

P.O. Box 006,

Trenton, NJ 08625-0006

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

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Definitions of Some Words Used in This Packet

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Step 2: Get a court date for your motion.

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

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

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

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

Step 4: Fill out the Certification (Form B)

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

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

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

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

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

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

This step tells the court:

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

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

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

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

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

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

Probation Division (Form F)

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

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

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

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

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

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

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

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

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

Step 11: Check your completed forms.

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

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

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

Checklist

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

•Letter to the Clerk of the Superior Court.

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

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

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

•Notice of Motion.

•Certification.

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

•Proposed Order.

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•Certification of Filing and Service.

•Notice to Litigants.

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

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

Final Steps

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

•Mail or deliver the following items to the court:

•The original and one copy of all the forms; and

•Two extra copies of the proposed order.

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

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

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

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

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

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

Deadlines

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

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

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➤ PDF

Document Specifications

Fact Name Description
Form Title and Purpose Family – Multi-Purpose Post-Judgment Motion Packet aimed at changing or enforcing an order in a case or requesting another related action.
Eligibility Applicable for individuals with an order from the court they seek to change or enforce in their divorce or family court matter under R. 5:5-4, excluding "FD" docket numbers. Types of Motions Included Types include motions to modify child support, alimony, custody, and visitation, enforce litigants’ rights, emancipate a child, reimburse medical expenses, change venue, and cross-motions, among others. Governing Law Court Rule 5:5-4 governs the motions that can be filed with this packet. Procedure for Filing Filers must provide notice to the other party including time and date of the motion hearing, with specific advance notice requirements. Preparation Advice It emphasizes the importance of consulting with a lawyer, but also provides guidance for those who qualify for free legal services or choose to represent themselves.

Detailed Steps for Using Fm Motion Nj Family Court

Understanding how to navigate the complexities of the legal system can be daunting, especially for those unfamiliar with the process. When it comes to submitting a Family Court Motion in New Jersey, accurate completion of the necessary forms is crucial. This step-by-step guide is designed to help you fill out the FM Motion form accurately and efficiently, providing a clear path through the paperwork needed to change or enforce an order in your case, request another related action, or respond to motions presented against you in Family Court.

  1. Collect all necessary documents: Begin by gathering all relevant paperwork, such as signed court orders, written agreements, judgments of divorce, case information statements, and any other documents related to your case. These will inform the details that need to be accurately reflected on the motion form.
  2. Read the packet thoroughly: Before filling out any forms, carefully read through the instructions provided in pages 7-15 of the packet. Familiarize yourself with the definitions on page 6 to ensure clear understanding of the legal terms used.
  3. Identify the type of motion: Clearly understand the nature of your request. The FM Motion form encompasses several types of motions, from changes in child support or alimony payments to custody arrangements and more. Choose the one that applies to your situation.
  5. Complete the form accurately: Fill out each section of the form with careful attention to detail, referring to your collected documents as necessary. Ensure all information is complete and accurate to the best of your knowledge.
  6. Review your motion: Once the form is filled out, double-check all entries for accuracy and completeness. Any mistakes can result in delays or the rejection of your motion.
  7. Observe deadlines: Note the required timelines for filing and serving the motion. Papers must be served to the other party or their lawyer at least 24 days before the scheduled court date if delivered in person, or 27 days before if mailed, to allow for mail delivery time.
  8. Make copies: Before submitting, make several copies of the completed motion form. You will need to serve one to the opposing party, keep one for your records, and provide the original and a copy to the Court.
  9. Submit the motion: File the original motion with any required filing fees to the Family Court that issued the previous order or that last heard your case. Use the addresses provided on njcourts.com to ensure correct submission.
  10. Prepare for the court hearing: After submitting your motion, prepare for the court hearing by organizing your documents, planning your testimony, and considering any legal representation. Remember, while you may represent yourself, seeking advice from a lawyer is beneficial.

After the FM Motion form is filed, the next steps involve waiting for a response from the other party involved and attending the scheduled court hearing. In the hearing, both parties will have the opportunity to present their case. It's important to continue to gather any additional relevant information and possibly seek legal counsel to ensure the best preparedness for the hearing date. Remember, the court's decision will aim to uphold fairness and the best interest of any involved minors.

Learn More on Fm Motion Nj Family Court

Who should use the FM Motion NJ Family Court form?

This form is designed for individuals who already have a court order from a family case and are looking to have that order changed, enforced, or if there is a need to file a motion related to another Family Court Matter under R. 5:5-4. However, this packet should not be used for cases that start with an “FD” docket number. Types of motions that can be filed using this packet include motions to modify child support, alimony payments, change custody or visitation arrangements, among others.

What are the types of motions that can be filed with this packet?

  • Motion to Increase or Decrease Child Support payments
  • Motion to Increase or Decrease Alimony payments
  • Motion to Change Custody arrangements of a minor child
  • Motion to Change Visitation/Parenting Time arrangements
  • Motion to Enforce Litigants’ Rights
  • Motion for Emancipation of a Child
  • Motion for Reimbursement of Medical Expenses
  • Motion for a Change of Venue
  • Motion for Reconsideration of a Family Court Order
  • Motion for Relocation of children
  • Cross-Motion responding to one of the Motions listed
  • Other Miscellaneous Family Court Motions governed by Court Rule 5:5-4

What do you need to complete the FM Motion NJ Family Court form packet?

Before starting to fill out the form, it is crucial to gather copies of any signed orders, written agreements, Judgments of Divorce, Case Information Statements, and any papers that relate to your case. Understanding the terms used in the packet is also essential for accurately completing the forms. All submissions to the court must be in English.

What deadlines must be met when filing a motion?

The notified party must be given written notice of the motion hearing, including the time and date, at least 24 calendar days in advance. If mailing the motion, it should be sent at least 27 calendar days before the scheduled hearing to account for mailing and delivery times.

Where should completed forms be sent?

Completed forms must be sent to the Family Court that issued the initial order you are looking to change or that last heard your case. Family Court addresses can be found on the Judiciary's website, njcourts.com.

What should you consider before representing yourself in court?

While individuals have the right to represent themselves, it's advisable to seek a lawyer due to the complexities of the legal system. If hiring a lawyer is not financially feasible, contacting the local Legal Aid society for free legal services is recommended. Regardless of representation, one should not expect special treatment from the court and must adhere to court protocols.

Court staff can offer guidance on how to fill out forms and explain the court process but cannot provide legal advice. Individuals are encouraged to consult a lawyer for legal advice or seek assistance from local lawyer referral services.

Common mistakes

Filling out the FM Motion in New Jersey Family Court is crucial for seeking modifications, enforcement, or other actions related to family court orders. However, individuals often encounter pitfalls during this process. Here are six common mistakes to avoid:

  1. Using the packet for improper cases: This form is not suitable for cases that begin with an "FD" docket number, which are handled under a different procedure. Ensure your case is eligible under the stipulated "FM" cases only.
  2. Omitting necessary documents: Failing to attach copies of all relevant orders, agreements, Judgments of Divorce, and Case Information Statements can result in the motion being denied or delayed. These documents provide essential context and history for your request.
  3. Ignoring the instructions: The FM Motion form comes with detailed instructions spanning pages 7 to 15, which include critical steps for correctly filling out the form. Overlooking these guidelines can lead to errors in your application.
  4. Lack of clarity in requests: When filing a motion, be clear and specific about the changes or enforcement actions you're seeking. Vague requests can lead to misunderstandings and may not achieve the desired outcome.
  5. Incorrect service method: Papers must be served to the other party or their attorney at least 24 days before the scheduled court hearing. If mailing documents, do so at least 27 days in advance to account for mailing time. Failing to correctly serve these papers can result in the motion being delayed or disregarded.
  6. Not adhering to deadlines: There are specific deadlines for when motions must be filed and served. Missing these deadlines can hinder your motion's chance of being heard or approved. Pay close attention to the timeline outlined in the Notice of Motion (Form A).

Avoiding these mistakes can help ensure that your motion is properly reviewed and considered by the court. Always double-check your paperwork, adhere to deadlines, and provide complete and accurate information to increase the likelihood of a favorable outcome.

Documents used along the form

When dealing with Family Court matters, particularly those requiring the completion of an FM Motion in New Jersey, it's essential to understand that this form is often not the only document needed to fully process a request or claim. Alongside the FM Motion form, several other forms and documents are frequently used to ensure that a case is presented comprehensively and accurately. Here’s an overview of some of these additional documents.

  • Case Information Statement (CIS): This document provides a detailed financial picture of the party filing the motion. It's crucial in cases involving alimony, child support, and the division of assets.
  • Certification of Insurance Coverage: This form lists all insurance policies in effect, including life, health, automobile, and homeowner’s insurance, which could be relevant in family law cases.
  • Parenting Time Plan Proposal: When motions involve changes to custody or parenting time, this document outlines the proposed new schedule and how it serves the best interest of the child(ren).
  • Notice of Motion: This document is used to inform the other party and the court of the intent to seek a court order, specifying what the order should address and the date of the motion hearing.
  • Order: After a judge makes a decision on a motion, an order is the document that formalizes that decision. Each party receives a copy, which may also instruct them on necessary actions to comply with the order.
  • Financial Statements and Tax Returns: Recent financial statements and tax returns may be required to substantiate claims made in the motion, especially for modifications of support or when financial circumstances are a relevant issue.

In any legal process, thoroughness is key. Including the appropriate forms and documents with your FM Motion not only aids in the clarity and strength of your case but also helps the court make well-informed decisions. If you're unsure about which documents are necessary or how to complete them, seeking guidance from legal resources can be beneficial. Remember, each document plays a role in contributing towards a comprehensive presentation of your case, ultimately aiding in the resolution of your matter within the Family Court system.

Similar forms

The FM Motion New Jersey Family Court form closely resembles a Motion for Modification found in various states across the U.S. Both documents share the aim of requesting the court to amend a previously issued order, usually concerning child support, custody, alimony, or parenting time. They necessitate the submission of current financial information or evidence of a significant change in circumstances to justify the requested amendment. The FM Motion, detailed in its approach to addressing post-judgment issues within the Family Court jurisdiction, mirrors the Motion for Modification's goal to ensure court orders remain in the best interest of the child or are fair to all parties involved based on their current circumstances.

Another akin document is the Motion to Enforce, which seeks the court's intervention to ensure compliance with a previously issued order. Like the FM Motion's section that addresses enforcing litigants' rights, the Motion to Enforce is also utilized when one party fails to abide by the terms set forth by the court, such as failing to make child or spousal support payments. Both motions emphasize the necessity of court action to enforce compliance and ensure the well-being and fair treatment of children and spouses, reflecting their mutual purpose of upholding the integrity of court orders.

The Petition for Emancipation of a Minor, while more specific, also shares similarities with the FM Packet, particularly the document's aspect that deals with the emancipation of a child. Both require proving that the child in question has achieved independence, either through age, financial independence, or marriage, which necessitates the termination of child support. The underlying principle guiding both documents is the recognition of a child's autonomy and the consequent adjustment of legal and financial responsibilities of the parents.

A Motion for Reconsideration stands out as well, being used to request that the court re-evaluate an order or decision it previously made, similar to the FM Motion's function for requesting reconsideration of a family court order. Both involve presenting new evidence or highlighting errors in the application of the law to persuade the court to revise its earlier decision. This process underscores the legal system's adaptability and openness to rectifying potential oversights in prior judgments.

Lastly, the Cross-Motion, often found in family law, provides a way for the responding party in a case to not only oppose an original motion but also to request their own relief. This capability is mirrored in the FM Motion NJ Family Court form, where parties can file cross-motions in response to another's action. Both documents highlight the adversarial process inherent in legal proceedings, allowing each party a fair chance to present their case and seek judgments that address their concerns and needs.

Dos and Don'ts

When approaching the task of filling out the FM Motion for New Jersey Family Court, it's crucial to understand both the dos and don'ts to ensure a smooth process and avoid potential issues. Below are some important guidelines:

Things You Should Do

  • Thoroughly review all instructions: Before starting the form, make sure to carefully read through pages 7-15 as indicated in the introduction to understand the requirements and process clearly.
  • Gather necessary documents: Collect copies of any relevant signed orders, written agreements, Judgments of Divorce, Case Information Statements, and other related papers. These documents are essential for completing the attached forms accurately.
  • Understand the deadlines: Pay close attention to the submission deadlines, including mailing the completed forms to the Family Court that previously handled your case or the other party involved, to ensure timely filing.
  • Seek legal guidance if necessary: Considering the complexity of family law, consulting with a legal professional or utilizing free legal services if you qualify can provide invaluable assistance in navigating the court system.

Things You Shouldn't Do

  • Skip reading the included descriptions of motions: Ensure you understand the types of motions available for you to file by reading the detailed descriptions starting on page 3. This information helps you choose the correct motion for your situation.
  • Ignore the case type specificity: If your case begins with an “FD” docket number, do not use this packet but rather follow the specific “FD” (Non-dissolution) Application Process as indicated.
  • Neglect proof of service: When you send your motion by mail to the other party or their lawyer, don't forget to mail it at least 27 calendar days before the scheduled hearing, allowing 3 calendar days for mailing.
  • Attempt to contact the judge directly: It is important to understand that court staff cannot talk to the judge for you about your case nor can you talk to the judge outside of court, as mentioned under the section about representing yourself.

Misconceptions

There are several common misconceptions about the FM Motion NJ Family Court form. Understanding these misconceptions can help individuals navigate their legal processes more effectively. Here are seven key misconceptions explained:

  • Misconception 1: The FM Motion can only be used for child support issues.

    While it's true that child support modifications are one of the most common uses for the FM Motion, it can also be used for a variety of other family law matters, such as changing or enforcing alimony payments, changing custody or visitation arrangements, and others detailed in the packet instructions.

  • Misconception 2: You need a lawyer to file an FM Motion.

    It's advisable to have legal representation due to the complexities of family law, but individuals do have the right to represent themselves. The packet is designed with self-represented litigants in mind, providing detailed instructions to assist those without legal representation.

  • Misconception 3: Filing this motion guarantees immediate changes to your current order.

    Filing an FM Motion is just the first step. The court will review the motion, and a judge will make a decision based on the evidence and arguments presented. There's no guarantee of immediate or any specific outcome.

  • Misconception 4: The FM Motion packet is only for post-divorce issues.

    While many of the motions relate to post-judgment issues in divorce cases, the packet can also be used for other family law matters that fall under the FM docket, as long as there's a need for a court order to be changed or enforced.

  • Misconception 5: Any FM case can use the packet, regardless of specifics.

    The packet is not suitable for cases beginning with an "FD" docket number, which are handled differently. It's important to understand the type of case you have and follow the appropriate processes.

  • Misconception 6: You should expect support and legal advice from court staff.

    While court staff can provide guidance on the procedural aspects, they cannot offer legal advice. Representing yourself means taking on the responsibility to understand and follow the law, without expecting the court to advise you on legal strategy.

  • Misconception 7: The packet's forms and instructions are complicated and difficult to understand.

    The documents have been designed to be as user-friendly as possible, including definitions of terms and step-by-step instructions. While legal documents can be complex, the packet is intended to be accessible to individuals without legal training.

Understanding these misconceptions can empower individuals to approach their FM Motion with clearer expectations and a better grasp of the process. However, seeking advice from a legal professional is always wise to navigate the intricacies of family law effectively.

Key takeaways

Filing the FM Motion NJ Family Court form is a critical step for individuals looking to modify or enforce an existing court order related to family matters. Understanding the key takeaways can streamline the process, ensuring a more effective and efficient legal journey. Here are five essential points to consider:

  • Know Your Packet: This comprehensive packet is designed for those seeking to change or enforce an order in their divorce or other family court matters within the FM case category. If your case starts with "FD," it's important to follow the separate "FD" Application Process instead.
  • Be Specific with Your Motion: Various motions can be filed using this packet, including requests to modify child support or alimony payments, change custody or visitation arrangements, enforce litigants’ rights, or file for child emancipation. Understanding the specific nature of your request is vital to select and complete the correct forms.
  • Deadline Diligence: Timeliness is crucial when filing a motion. You must notify the other party in writing about the motion hearing, including the time and date, fulfilling all deadlines as outlined in the Notice of Motion (Form A). If mailing your motion, factor in additional days to account for postal delivery.
  • Gather Essential Documents: Before filling out the packet, collect all necessary documentation such as signed orders, written agreements, Judgments of Divorce, and Case Information Statements related to your case. This preparation ensures accuracy and completeness in your filing.
  • Self-Representation Considerations: While you have the right to represent yourself, be mindful of the challenges and limitations. The court system can be complex, and legal advice from a qualified attorney can prove invaluable. If you cannot afford an attorney, explore services provided by legal aid or contact your county bar association for potential referrals.

Efficiently navigating the FM Motion NJ Family Court process demands a thorough understanding of the paperwork, strict adherence to deadlines, and a proactive approach to assembling the required documentation. Whether you're filing for a modification or enforcing an existing order, being well-prepared is key to advancing your case towards a favorable outcome.

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