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Navigating through the complexities of modifying a court order in the state of New Jersey can be a daunting task for many, especially in matters that touch on the delicate issues of family law. Fortunately, the Superior Court of New Jersey provides a structured and clear pathway through the Form NJ Court 11487 for individuals seeking to amend a Non-Dissolution “FD” Court Order that was previously issued. This document is particularly designed for cases marked with an "FD" docket number, signifying family disputes that do not encompass divorce, such as child/spousal support adjustments, custody or parenting time changes, and enforcement of existing orders among others. The form is part of an extensive packet that guides litigants on how to file a modification request, complete with a required filing fee of $25.00, underlining the court's commitment to accessibility and fairness. Furthermore, the form and accompanying instructions serve a dual purpose by also providing information for individuals looking to contest a modification request, ensuring all parties have the opportunity to participate fully in the legal process. This packet is a crucial resource, not only for its practical templates and guidelines but also for its educational content aimed at demystifying the legal proceedings in family cases, encouraging self-representation where possible, and emphasizing the importance of legal counsel for navigating the intricacies of family law. It underscores the need for precise information, from the diligent search for the concerned parties to the completion of various affidavits and financial statements, all aimed towards a resolution that best serves the interests of all parties involved.

Sample - 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.

Revised 09/03/2019, CN 11487

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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

Document Specifications

Fact Name Description
Document Purpose The NJ Court 11487 form is used to file a request to modify a non-dissolution "FD" court order previously issued by the court.
Eligible Users This packet is intended for individuals whose docket number starts with the letters FD and who seek to change an order relating to child/spousal support, custody, parenting time, or other related matters.
Filing Fee A $25.00 filing fee must be included with the completion of this packet.
Usage Restrictions The form should not be used for appealing an existing court order, for emergency situations requiring immediate court action, or for cases not starting with the letters “FD”.
Governing Law Prepared by the New Jersey Administrative Office of the Courts, the form complies with current New Jersey statutes and court rules.
Updated Version Availability The most recent version of this form is available at the county courthouse or on the New Jersey Judiciary's website, njcourts.gov.
Self-Representation Guidance Individuals choosing to represent themselves using this form are encouraged to seek a lawyer but are provided with guidance on how to fill out forms and the procedural aspects involved.

Detailed Steps for Using Nj Court 11487

Once the NJ Court 11487 form has been accurately filled out and submitted, it initiates a process whereby the court reviews the request to modify a Non-Dissolution “FD” Court Order that was previously issued. This form caters to various modification requests such as changes to child or spousal support orders, custody or parenting time adjustments, opposition to relocation of children, and more. Filing this form requires meticulous attention to detail, as even minor errors can significantly delay the process. Following submission, the court schedules a hearing to review the request. It is critical to provide all required information accurately and to follow the court’s procedural requirements closely to ensure a smooth process.

  1. Complete the Application/Cross Application to Modify a Court Order (Form A). Detail the specific changes you are requesting and explain why these changes are necessary, highlighting any significant changes in circumstances since the last court order.
  2. Update the court with the most recent address of the other party(ies). This ensures they can be properly notified and given an opportunity to respond to your modification request. You must include any known attorney information for the other party as well.
  3. If the current address of the other party is unknown, fill out the Certification of Diligent Search. This document proves to the court that you made a concerted effort to locate the other party to serve them with the notice of your application.
  4. Complete the Confidential Litigant Information Sheet (CN 10486). This form is crucial for maintaining accurate court records and must be fully completed. Do not leave any sections blank; write “N/A” where necessary. This sheet is confidential and will not be made accessible to the other party.
  5. If your modification involves child or spousal support, fill out the Financial Statement for Summary Support Actions (CN 11223). This detailed financial statement provides the court with the necessary information to assess the requested changes to any support order. Like you, the other party will also need to complete and submit this form to the court.

Each of these steps requires careful attention to detail and accuracy in providing the requested information. It's advisable to double-check each section for completeness before submission to the Family Division where your case was originally filed. Timeliness in submitting these forms, along with the correct $25.00 filing fee, is also pivotal to ensure your modification request is processed without unnecessary delay.

Learn More on Nj Court 11487

What is the purpose of the NJ Court 11487 form?

The NJ Court 11487 form is designed for individuals who wish to request a modification to a Non-Dissolution “FD” Court Order that has already been issued by the court. This form is applicable for cases involving child/spousal support, custody/parenting time, bench warrants/detainers, and requests related to child relocation.

Who can use the NJ Court 11487 form?

This form is suitable for individuals whose case docket number starts with the letters FD, indicating a matter in the Family Part of the Superior Court of New Jersey, Chancery Division. It's for those seeking to change an existing court order or responding to a modification request.

Is there a filing fee for submitting the NJ Court 11487 form?

Yes, there is a $25.00 filing fee that must be included with the completed form when it is submitted to the court for processing.

What types of modifications can be requested with this form?

Possible modifications include, but are not limited to:

  • Establishing or changing an existing child/spousal support order.
  • Enforcing the current support order.
  • Changing an existing custody/parenting time order.
  • Requesting or opposing the relocation of a child.
  • Requesting to have a bench warrant/detainer lifted for incarcerated individuals.

Can I use this packet for filing an appeal or emergency requests?

No, this packet should not be used for filing an appeal of a court order or for filing emergent applications. Separate processes are in place for appeals and emergency situations requiring immediate court attention.

What should I do before filing the NJ Court 11487 form?

It’s recommended to attempt to obtain legal representation due to the complexity of family law. Free legal services might be available for those who qualify, and lawyer referral services can provide assistance in finding legal counsel.

What are the steps for filing a request to modify a court order?

  1. Complete the Application/Cross Application to Modify a Court Order (Form A).
  2. Provide the most recent address of the other party.
  3. Complete a Certification of Diligent Search if the other party’s current address is unknown.
  4. Fill out the Confidential Litigant Information Sheet.
  5. Include the Financial Statement for Summary Support Actions, if applicable.

What if I don’t know the other party's current address?

If you are unable to provide the current address of the other party, you must complete the Certification of Diligent Search. This documentation demonstrates your attempts to locate the other party and is necessary for the court to proceed with your request.

Is the Confidential Litigant Information Sheet shared with the other party?

No, the Confidential Litigant Information Sheet is a confidential form that is not shared with the other party. It is used by the court to ensure accuracy of the case records.

What happens if I fail to complete mandatory sections of the form?

Failure to properly complete the form or provide necessary documentation, such as the Confidential Litigant Information Sheet, will result in your packet being marked as “deficient.” This will cause delays in having your case scheduled for a court hearing.

Common mistakes

  1. Not providing the current address of the other party is a common mistake. When you file your modification application, it is crucial to give the court the most recent address that you know of for the other party and their attorney if they have one. The court needs this to serve the Notice to Appear. If you fail to do so, your case might be dismissed or delayed because the court couldn't properly notify the other party.

  2. Failing to complete the Certification of Diligent Search when necessary is another mistake. If you don't know the current address of the other party, this form proves to the court that you tried to find them. Not filling out this form correctly or at all can halt the progress of your case until you can prove you've made a serious effort to locate the other party.

  3. Skipping sections on the Confidential Litigant Information Sheet. Every section of this form must be filled out to ensure the accuracy of court records. Even if a section does not apply, you should write "N/A" rather than leaving it blank. Not completing this form fully can result in your paperwork being returned as "deficient," causing delays in your case.

  4. Not including the Financial Statement for Summary Support Actions when it's applicable. If your request involves establishing or changing a child support order, this form is necessary and must be filled out in its entirety. Both parties must submit this form, and failure to do so can delay the process as the court uses this information to make informed decisions about support obligations.

  5. Using outdated forms or the wrong size and color of paper for filing. The instructions clearly state that forms should be typed or printed on 8 ½" x 11" white paper only. Using forms that are not current or submitting them on paper that does not meet these requirements can result in your filing being rejected, leading to unnecessary delays in modifying the court order.

  • Always double-check the requirements and instructions before submitting any form to the court to prevent common mistakes.
  • Keep copies of all documents for your records, including proof of mailing or delivery when you file something with the court.
  • Seek legal advice if you can. Although there are resources to help individuals represent themselves, navigating court procedures can be complex, and professional guidance can be invaluable.

Documents used along the form

Filing a request to modify a Non-Dissolution "FD" Court Order in New Jersey often requires more than submitting the main form. There are multiple documents and forms that you might need to gather and complete as part of your application. Understanding what each of these documents is and its purpose can streamline the process, ensuring that you are well-prepared and informed.

  • Confidential Litigant Information Sheet (CN 10486): A form used to provide the court with accurate and confidential information about the parties involved. This helps in maintaining updated records and is compulsory for all parties submitting a modification application.
  • Certification of Diligent Search (CN 11490): Required if you are unable to provide a current address for the other party involved in the modification request. This document demonstrates to the court that you have made a serious effort to locate and serve the other party.
  • Financial Statement for Summary Support Actions (CN 11223): Essential for cases requesting the establishment or modification of child support. This form provides the court with a detailed account of your financial situation and helps in determining the appropriate support order.
  • Application/Cross Application to Modify a Court Order (Form A): The primary document to request changes to an existing court order. This form outlines the specific modifications you are seeking and the reasons for those changes.
  • Certification: A written statement submitted along with your paperwork, swearing that the information provided is true and accurate to the best of your knowledge. It's a pledge of honesty to the court.
  • Notice to Appear: Issued by the court once your application is filed, this document informs all parties of the scheduled court date. It is crucial for ensuring everyone involved is aware of when to appear in court.
  • Case Information Statement: Although not specific to FD cases, this statement might be requested to provide a comprehensive overview of your financial circumstances. It’s commonly used in various family court proceedings to inform decisions.
  • Order to Show Cause: If your modification involves emergency or urgent issues, you might need to file an emergent application along with your request. While not part of the standard process, it's crucial for immediate concerns.
  • Proof of Service: After you have served the other party with the modification request and supporting documents, you must provide the court with proof of this service. This document verifies that all parties have received the necessary paperwork.

Successfully filing a modification request can seem overwhelming due to the paperwork involved. However, each document plays a critical role in the process, providing necessary information to the court or ensuring all parties are properly notified of the proceedings. By thoroughly understanding and accurately completing these forms, you contribute to a smoother, more efficient process that serves the best interests of all involved.

Similar forms

The NJ Court 11487 form, aimed at modifying non-dissolution "FD" court orders, shares similarities with several other legal forms. Each serves a specific function within the legal system, facilitating various legal actions from modifying existing orders to establishing new ones. Understanding these similarities helps in navigating the legal process effectively.

Comparable to the NJ Court 11487 form, the Application for Modification of Child Support Order, often referred to by its specific form number depending on the state, allows a party to request changes to a child support order. This similarity lies in the core objective of both forms: to address changes in circumstances warranting a modification of legal obligations determined by a prior court order. Both require pertinent financial information and substantial evidence of changed circumstances.

Another similar document is the Request for Custody Modification form. This form, just like NJ Court 11487, is used when an individual seeks to change existing custody arrangements. The foundation for similarity here is based on the need for a legal tool to adjust court orders due to evolving family circumstances, ensuring the best interest of the child is served. Documentation of a significant change in situation is typically necessary.

The Motion for Alimony Modification is also akin to the NJ Court 11487 form. This document allows a party to request a review and alteration of alimony payments. Both forms operate under the premise that financial situations can and do change, necessitating a legal mechanism to modify support in accordance with current circumstances.

The Petition to Modify Parenting Time resembles the NJ Court 11487 form in its objective to adjust court-ordered parenting time or visitation schedules. These modifications are sought in response to changes in work schedules, relocation, or other factors impacting a parent's ability to comply with the original court order, demonstrating the dynamic nature of family life and the need for legal systems to adapt accordingly.

The Application to Vacate a Bench Warrant, while different in immediate purpose, shares a procedural similarity with the NJ Court 11487 form. It is used when someone seeks to lift a bench warrant issued due to non-compliance with a court order, such as failing to appear in court or not adhering to a child support order. Both forms serve as tools for individuals to request a reconsideration or cessation of legal actions against them under specific conditions.

Emergency Motion to Modify Child Custody bears a resemblance in urgent situations where immediate changes in custody are argued to be necessary for the child's welfare. Like the NJ Court 11487 form which can be used in non-emergency adjustments, this motion is also concerned with aligning legal agreements with the best interests of the child in light of new evidence or circumstances.

The Request for Enforcement of an Order, though it does not seek modification, aligns with the NJ Court 11487 form in its use within the family court system to address compliance with court decisions. This form is particularly employed when an individual fails to abide by the terms of a previously issued order, encompassing support, custody, or visitation, and the petitioner seeks the court's assistance in enforcing compliance.

Finally, the Juvenile Delinquency Modification Petition, while specific to juvenile cases, similarly provides a mechanism for request changes to existing court orders. This form's relevance comes into play in juvenile justice, reflecting the principle that legal adjustments can be sought to reflect changes in a minor's behavior, situation, or compliance with court-ordered programs.

Through these documents, the legal system offers various pathways for individuals to seek adjustments to court orders, reflecting the recognition of changing life circumstances. While each form has its unique application, together they underscore the adaptability of law to the dynamic nature of familial and individual situations.

Dos and Don'ts

When completing the NJ Court 11487 form to request a modification of a Non-Dissolution “FD” Court Order, it is essential to follow certain dos and don'ts to ensure your submission is processed smoothly and effectively.

Do:

  1. Ensure that your case begins with the letters FD before using this packet. This ensures you're utilizing the correct form for your situation.
  2. Completely fill out the Application/Cross Application to Modify a Court Order (Form A), including all necessary details that demonstrate the change in circumstances.
  3. Provide the most recent address of the other party to ensure they receive a Notice to Appear, as required by the court.
  4. Complete the Certification of Diligent Search (CN 11490) if you do not have the current address of the other party, proving your efforts to locate them.
  5. Fill out the Confidential Litigant Information Sheet (CN 10486) accurately and in full, as this is crucial for the court's records.

Don't:

  1. Do not leave any sections blank on the forms you are required to fill. If a section is not applicable, indicate with “N/A” (Not Applicable).
  2. Don't use this packet if your case does not begin with FD or if you are seeking an emergency order, as specialized forms and procedures are required in those instances.
  3. Avoid submitting the forms on paper that is not 8 ½ “x 11” white paper, as this could result in your forms being rejected.
  4. Do not forget to make and keep copies of all forms and documents submitted to the court for your records.
  5. Do not expect court staff to provide legal advice or specific guidance on how to argue your case. While they can offer general information and support, legal advice should be sought from a qualified attorney.

Misconceptions

Understanding the NJ Court 11487 form and its implications in family court can be complex, leading to various misconceptions. Here are five common misunderstandings and their clarifications:

  • It's only for child support modifications: While it's true the NJ Court 11487 form can be used for requesting changes to child or spousal support orders, its scope is broader. It also applies to requests concerning custody or parenting time, opposition to relocation, lifting bench warrants for incarcerated individuals, and enforcement of existing orders.
  • A lawyer is mandatory for filing: Although the document strongly recommends obtaining legal assistance due to the complexities of family law, individuals have the right to represent themselves in court. The guide within the packet offers resources for those who either cannot afford a lawyer or choose to proceed without one, emphasizing that court staff can provide procedural guidance but not legal advice.
  • Any family court issue can be addressed with this form: This is incorrect. The NJ Court 11487 form is specifically designed for Non-Dissolution “FD” cases. Matters that fall outside of this category, such as filing an appeal or handling emergency situations, require different procedures and forms.
  • There's no fee for filing: Contrary to this belief, filing a request with the NJ Court 11487 form requires a $25.00 filing fee. This detail is crucial as overlooking the fee can result in delays or the outright dismissal of the modification request.
  • All modifications will be granted: Filing a modification request does not guarantee approval. The court considers changes only if significant alterations in circumstances are proven since the last order was issued. It’s imperative for applicants to compile compelling evidence supporting their request for modification.

Dispelling these misconceptions is essential for anyone involved in modifying an “FD” court order. Proper understanding ensures that all parties navigate the process more effectively, setting accurate expectations from the outset.

Key takeaways

Filling out and using the NJ Court 11487 form, essential for modifying a Non-Dissolution “FD” Court Order, involves a clear process and adherence to specific instructions to ensure your request is considered accurately and promptly by the court. Here are five key takeaways to guide you through this process:

  • Eligibility and Purpose: Only use this packet if your case docket number begins with "FD" and you seek to change a child/spousal support order, enforce the current order, modify custody/parenting time, request or oppose child relocation, or have a bench warrant/detainer lifted. This packet is not applicable for case appeals, emergencies requiring immediate court intervention, or cases not categorized under "FD" docket numbers.
  • Filing Fee: A filing fee of $25.00 must accompany your completed packet. This ensures that your application is processed and that administrative costs associated with your request are covered.
  • Accurate Information and Documentation: Complete all required forms with accurate, up-to-his-date information. This includes providing the most recent address of the other party involved and ensuring all attached documents comply with the instructions. Failure to do so may delay or dismiss your case if the court cannot serve notice to the other party.
  • Diligent Search Requirement: If the current address of the other party is unknown, complete the Certification of Diligent Search form. This demonstrates your efforts to locate the other party, a prerequisite for the court to proceed with your request. Exceptions may apply in cases solely establishing paternity or child support through County Welfare Office services.
  • Confidentiality and Accuracy: Fill out the Confidential Litigant Information Sheet accurately to assist the court in maintaining precise records of your case. This form remains confidential and unseen by the opposing party but is critical for the administrative handling of your modification request. In addition, if child support modification is part of your request, completing the Financial Statement for Summary Support Actions is necessary for both you and the opposing party, fostering a transparent and fair review of the financial aspects involved.

By meticulously following these guidelines, you can navigate the NJ Court 11487 form process more smoothly and increase the likelihood that the court will address your needs effectively. Remember, thorough preparation and clarity in your documentation can significantly influence the outcome of your request.

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