Free Nj Court 11487 Form in PDF

Free Nj Court 11487 Form in PDF

The NJ Court 11487 form is a crucial document for those seeking to modify a Non-Dissolution “FD” Court Order that was previously issued by the court. It provides a structured path for individuals, whose docket number starts with "FD", to request changes related to child/spousal support orders, custody or parenting time, and more. For anyone looking to adjust an existing court order to better reflect their current situation, completing this form correctly is the first step. Get started by clicking the button below to fill out the form.

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The New Jersey Superior Court's Form 11487 offers vital instructions for individuals seeking to modify a Non-Dissolution "FD" Court Order previously issued by the Court. This comprehensive document caters to those whose cases carry the "FD" docket number, indicating family matters outside of divorce, such as child or spousal support adjustments, custody or parenting time modifications, relocation requests, and enforcement of current orders. The form details the eligibility criteria, steps for filing, and the required $25.00 filing fee. Designed for self-represented litigants, it underscores the complexity of family law and advises on securing legal representation. The form also provides a procedural guide, from accurately completing the modification request to conducting a diligent search for the other party's most current address, ensuring they are duly notified. Key definitions elucidate court terminology, while the form's emphasis on the necessity of a Confidential Litigant Information Sheet and a Financial Statement for Summary Support Actions underscores the judiciary's commitment to informed and efficient case processing. Additionally, it navigates users through the resources available for those who cannot afford an attorney, highlighting the New Jersey Judiciary's support in ensuring access to justice for all families navigating the modification of court orders.

Preview - Nj Court 11487 Form

Family – Chancery

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

Updated 09/03/2019

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

Previously Issued by the Court

Superior Court of New Jersey - Chancery Division - Family Part

Who Should Use This Packet?

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

Establish or Change an existing Child/Spousal Support Order

Enforce the Current Support Order

Change an existing Custody/Parenting Time Court Order

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

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

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

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

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

Your case begins with letters other than “FD”.

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

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

Offices can be found on njcourts.gov

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

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

The law, the proofs necessary to present your case, and the procedural rules governing cases in the Family Division are complex. It is recommended that you make every effort to obtain the assistance of a lawyer. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found online under “Legal Aid” or “Legal Services.”

If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. The telephone number can also be found in your local yellow pages. Most county bar associations have a Lawyer Referral Service.

The County Bar Lawyer Referral Service can supply you with the names of attorneys in your area willing to handle your particular type of case and sometimes consult with you for a reduced fee.

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

What You Should Expect If You Represent Yourself

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

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

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

We can give you some information from your case file.

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

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

We can usually answer questions about court deadlines.

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

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

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

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

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

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

We cannot change an order issued by a judge.

Keep Copies of All Papers

Make and keep copies for yourself, written agreements, Case Information Statements, and other important papers that relate to your case.

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

Definitions of Court Terms Used in FD Cases

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Definitions of Court Terms Used in FD Cases (continued)

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

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

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

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

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

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

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

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

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

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

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

Income withholding

Court hearing

Bench warrant

Tax offset - federal and state

Judgment (liens attached to property & assets)

Credit bureau notification

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

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

Passport denial

License suspension

Lottery interception

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

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

Steps for Filing a Complaint

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

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

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

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

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

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

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

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

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

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

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

STEP 4: Fill out the Confidential Litigant Information Sheet

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

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

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

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

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

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

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

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

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

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

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

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

STEP 8: Check your completed forms

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

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

Checklist

Make sure you have all the following items:

Verified Complaint or Counterclaim (Form A)

Confidential Litigant Information Sheet

Additional forms if applicable:

Certification of Diligent Search (CN 11490)

Financial Statement for Summary

Support Actions (CN 11223)

Family Case Information Statement (CIS) (CN 10482)

Federal Child Support Services

Application (IV-D Child Support

Program)

Certification in Support of Establishing

Paternity

Certificate of Parentage (COP)

Additional Information Sheet

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

STEP 9: Mail or deliver your completed paperwork

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

Sample Address:

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

PO Box #

City, State, Zip code

All courthouse addresses can be found on njcourts.gov.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 Specs

Fact Name Description
Form Purpose The form is used to file a request to modify a Non-Dissolution "FD" Court Order that has already been issued by the Court.
Applicable Parties Individuals with a docket number starting with the letters FD who seek to change an existing court order related to child/spousal support, custody/parenting time, or other matters can use this form.
Filing Fee A $25.00 filing fee is required with the completed packet.
Governing Law The form is governed by New Jersey state laws and regulations, specifically under the jurisdiction of the Superior Court of New Jersey - Chancy Division - Family Part.
Exclusions The form should not be used for cases that do not start with FD, for appeals of court orders, or emergent applications requiring immediate court intervention.

Instructions on Writing Nj Court 11487

Filling out the NJ Court 11487 form is a critical step for individuals seeking to modify a Non-Dissolution “FD” Court Order. This process allows for changes to be made to existing court orders concerning child or spousal support, custody, parenting time, and other issues under the Family – Chancery jurisdiction. It's essential to follow the instructions carefully and provide all required information to ensure that your request is processed smoothly. Completing this form accurately and thoroughly helps the court understand the changes you are requesting. Here's how to navigate the process:

  1. Fill out the Application/Cross Application to Modify a Court Order (Form A). This is your formal request to the court to alter or enforce an existing order. You must demonstrate that significant changes in circumstances justify the modification you're seeking.
  2. Provide the most recent address of the other party(ies). It's necessary for the court to communicate with all involved parties about the scheduled court date. Failure to provide accurate contact information can lead to delays or dismissal of your case.
  3. Fill out the Certification of Diligent Search (if necessary). If you don't know the other party's current address, this form evidences your efforts to locate them. Detailed instructions are provided within this step to guide your search efforts.
  4. Fill out the Confidential Litigant Information Sheet. This form gathers important details about you for court records, ensuring accuracy and confidentiality. Leaving sections incomplete can cause your paperwork to be returned.
  5. Fill out the Financial Statement for Summary Support Actions (if applicable). This step is required if your modification request involves establishing or changing a child support order. The information you provide here will be shared with the other party as per court rules.

Each step is designed to ensure that your modification request is clear, justified, and processed without unnecessary delays. Remember to keep copies of all documents for your records and to check for the most current forms and requirements on the NJ Courts website. By carefully following these instructions, you are taking crucial steps towards having your court order reviewed and potentially modified to reflect new circumstances or needs.

Understanding Nj Court 11487

Who is eligible to use the NJ Court 11487 form?

Those with a docket number beginning with "FD" and seeking to change an order previously issued by the court can use the NJ Court 11487 form. This includes those wishing to modify child/spousal support orders, enforcement of current support orders, changes in custody/parenting time court orders, and several other modifications. It's also for those wanting to respond to a modification request filed by another party.

What fees are required when filing the NJ Court 11487 form?

A filing fee of $25.00 must be included with the completed packet to process the request for modification.

What types of modifications can be requested with this form?

Modifications that can be requested include establishing or changing an existing child/spousal support order, enforcing the current support order, changing an existing custody/parenting time court order, requests to relocate children/oppose relocation, or to have a bench warrant/detainer lifted for incarcerated defendants.

What should you do if your case is an emergency?

If your case is an emergency, such as a situation needing immediate court intervention to prevent harm, you cannot use this form. Instead, you must file for an emergent hearing directly with the courthouse. Emergent hearings are designed to address urgent issues that cannot wait for the normal court process.

How do you know if you qualify for free legal services?

If you cannot afford a lawyer, you should contact the legal services program in your county to see if you qualify for free legal services. The telephone number can be found online under “Legal Aid” or “Legal Services.”

What is the importance of the Confidential Litigant Information Sheet?

The Confidential Litigant Information Sheet ensures the accuracy of court records. It must be completed by the person filing the application to modify a court order and submitted with their paperwork. This form is confidential and will not be shared with the other party. Failure to complete this form will result in your papers being returned and a delay in your case.

What if you do not know the current address of the other party?

If you do not know the current address of the other party, you must complete a Certification of Diligent Search. This document shows the court you have made a serious effort to locate the other party. If you're unable to locate the other party through these efforts, the court will decide at the hearing if your search was sufficient.

Are there any forms to be completed if requesting to establish or modify a child support order?

Yes, if you are seeking to establish or modify a child support order in an FD case, you must complete the Financial Statement for Summary Support Actions. This form must be fully completed and included in your packet submitted to the court. It will be shared with the other party as required by Court Rule 5:5-3, and the other party must complete and file the same form.

Common mistakes

One common mistake people make when filling out the New Jersey Court Form 11487 is not providing the most recent address of the other party. It is crucial to supply the court with up-to-date information so that all parties can receive necessary notices about the case. Failing to do so may result in a delay or dismissal of the case because the court cannot serve the Notice to Appear to the absent party.

Another error often encountered involves the Certification of Diligent Search (CN 11490). If the current address of the other party is unknown, completing this form thoroughly is necessary. Some individuals either skip this step or provide inadequate evidence of their search efforts. This oversight can hinder the case's progress, as the court needs proof of attempts to locate the other party to move forward.

Incorrectly completing the Confidential Litigant Information Sheet (CN 10486) is also a frequent mistake. This form requires detailed and accurate information from the filing party. Leaving blank spaces or entering "N/A" inapplicable sections is a common error that leads to the form being returned as "deficient." This, in turn, causes delays in scheduling the court date.

Many individuals struggle with the Financial Statement for Summary Support Actions (CN 11223) when adjustments to child or spousal support are requested. This form must be filled out completely, without leaving any sections blank. Failing to provide all the necessary financial information may impact the court's decision regarding the modification of support orders.

Not keeping copies of all documents related to the case is another mistake. It is imperative to maintain a record of all filings, including the original application to modify a court order, any search efforts, and financial statements. Losing these documents can not only delay proceedings but also affect the outcome of the case.

Lastly, a significant slip-up is not understanding the specific modifications allowable under the Form 11487 packet. Individuals often attempt to use this form for purposes outside its intended scope, such as filing an appeal or addressing emergency custody issues. This misunderstanding can lead to the court rejecting the application outright, necessitating a restart of the process with the correct form and information.

Documents used along the form

Filing a request to modify a Non-Dissolution “FD” Court Order involves several steps and requires various forms, beyond the initial NJ Court 11487 packet. To ensure a comprehensive submission, individuals may need to familiarize themselves with additional documents frequently used in this process. These documents help present a clear and complete case to the court, aiming to facilitate a smooth modification procedure.

  • Application/Cross Application to Modify a Court Order (Form A): This is a primary document wherein you formally ask the court to amend or enforce an existing order. It outlines the changes sought or the enforcement required, based on new or previously unconsidered information.
  • Certification of Diligent Search (CN 11490): When the current whereabouts of the other party are unknown, this form demonstrates to the court the efforts made to locate them. It is crucial for ensuring that all parties have a chance to participate in the court process.
  • Confidential Litigant Information Sheet (CN 10486): This document collects personal data for court use to maintain accurate records. It’s confidential and not disclosed to the other party, ensuring privacy while aiding court functionality.
  • Financial Statement for Summary Support Actions (CN 11223): If the modification involves child support, this form provides a detailed financial overview of the party filing for modification. It helps the court make informed decisions regarding support requirements.
  • Proof of Service: This document verifies that all necessary parties have been properly notified of the court proceeding. It’s a critical piece of the puzzle for ensuring a fair process.
  • Case Information Statement: Used in family court matters, this detailed form provides an overview of the financial status of the parties involved. Though it may not always be required in FD cases, it can be instrumental in modifications involving financial support.
  • Parenting Time and Custody Plan: When modifications involve changes to custody or parenting time, this document outlines the proposed new arrangements. It's essential for the court's consideration of what arrangement serves the best interests of the child(ren).

Together, these forms create a fuller picture of the situation at hand and the modifications being requested. Each plays a unique role in the court's understanding and assessment of the case, ultimately driving towards a resolution that reflects the changed circumstances or new information. When utilized correctly, these documents streamline the modification process, ensuring all relevant details are duly considered.

Similar forms

The Application/Cross Application to Modify a Court Order shares similarities with a Motion to Modify Child Support, which is a formal request to change the amount of child support ordered by a court. Both documents require demonstrating significant changes in circumstances since the original order or agreement. The need for updates due to changes in financial situations, parenting time, or the needs of the child(ren) is common to both, necessitating a judicial review to ensure the continued fairness and adequacy of support arrangements.

The Certification of Diligent Search is akin to an Affidavit of Diligent Search used in various legal contexts. This document demonstrates to the court that a party has made extensive efforts to locate another party for the purpose of serving legal papers. Both documents serve the purpose of fulfilling the legal requirement to attempt to notify involved parties about legal proceedings, thereby upholding the principles of due process and fair opportunity to respond.

Complaints, widespread across legal disciplines, bear resemblance to the initial filing in the FD modification process. They formally initiate a legal action by outlining the petitioner's grounds for bringing the case, similar to the Application/Cross Application to Modify a Court Order, which is used to start the process of modifying an existing order. Each sets the stage for the legal process by notifying the court of the issues at hand and requesting judicial intervention.

The Confidential Litigant Information Sheet is closely related to Confidential Information Forms used in other jurisdictions or legal matters. These forms collect sensitive information necessary for the accurate processing and handling of a case, including contact details and Social Security numbers, while maintaining privacy protections. Both types of documents are essential for court proceedings yet are handled with care to avoid undue exposure of private information.

Financial Statement for Summary Support Actions resembles Financial Affidavits often required in family law cases. These documents compile detailed financial information from the parties to inform decisions on support obligations, asset division, or similar financial matters in divorce or child support cases. Accuracy and completeness are crucial, as they directly influence the court’s determinations regarding financial arrangements.

The Emergent Application Order to Show Cause is analogous to emergency motions in other areas of law, designed to address urgent issues requiring immediate judicial attention. Both are employed when there’s a significant risk of irreparable harm without swift intervention, demanding swift judicial responses to protect the interests at stake, particularly where the health or safety of a child is concerned.

The FD docket number, unique to non-dissolution cases, can be compared to docket numbers in other legal proceedings, serving as a key identifier for a case throughout its duration within the legal system. This numbering facilitates the tracking, filing, and retrieval of case-related documents and information, ensuring orderly progression through judicial processes.

An Income Withholding Order/Wage Garnishment Document, although not mentioned explicitly as similar, operates on the same principles as the mechanisms mentioned for enforcing child support through income withholding. Both direct an employer to deduct a certain amount from an individual’s earnings to satisfy a legal obligation, like child support, ensuring the financial well-being of the child(ren) involved.

A Bench Warrant Request, closely related to the part about lifting a bench warrant/detainer, is a judicial order for someone's arrest, typically issued for failing to appear in court or to comply with a court order. In both instances, intervention by the court is necessary to compel compliance with legal obligations or to secure an individual's appearance at a hearing.

Lastly, a Child Support Modification Request form, specific to adjustments in child support, is directly comparable to the initial document for its focus on changing existing support orders based on new circumstances or information. It underscores the dynamic nature of family law, where adjustments are often required to meet the evolving needs of children and families effectively.

Dos and Don'ts

Filling out the NJ Court 11487 form, a Request to Modify a Non-Dissolution “FD” Court Order, is a complex process that entails careful attention to detail and adherence to specific guidelines. Below is a concise guide outlining the dos and don'ts when completing this form.

Do:

  1. Ensure eligibility: Verify that your case falls under the “FD” category before using this packet.
  2. Include the filing fee: Remember to include the $25.00 filing fee with your completed packet.
  3. Provide accurate information: Fill out the Application/Cross Application to Modify a Court Order with current and accurate information.
  4. Supply the most recent address: When known, furnish the court with the latest address of the other party to ensure they receive the Notice to Appear.
  5. Complete the Certification of Diligent Search: If the current address of the other party is unknown, fill out the Certification of Diligent Search form as proof of your efforts to locate them.
  6. Fill out the Confidential Litigant Information Sheet: This form is necessary for the accuracy of court records and is confidential.
  7. Complete the Financial Statement for Summary Support Actions: If your request involves child support, this form should be filled out in detail.
  8. Keep copies of all documents: Make and retain copies of the completed form and any accompanying documents for your records.
  9. Use the appropriate paper: Forms should be typed or neatly printed on 8 ½ “x 11” white paper.
  10. Seek legal advice if necessary: The laws and procedures can be complex; consider obtaining legal counsel to navigate the process.

Don't:

  1. Use this packet for an emergency case: For cases requiring immediate attention, direct filing at the courthouse is necessary.
  2. Leave sections blank: Complete all sections of the forms. If a section is not applicable, mark it as “N/A”.
  3. File without a fee: Filing without the required $25.00 fee will result in a delay in processing your request.
  4. Submit outdated information: Using old addresses or outdated information can lead to service issues and potential delays.
  5. Overlook the diligent search: Failing to properly complete a diligent search when necessary may result in your case being unable to proceed.
  6. Forget the Confidential Litigant Information Sheet: Omission of this form can lead to your paperwork being returned as deficient.
  7. File incomplete documents: Incomplete forms or missing information can stall the progress of your request.
  8. Ignore court rules: Disregarding specific instructions or court rules can adversely affect the outcome of your filing.
  9. Neglect to keep personal records: Not retaining personal copies of filed documents can leave you without necessary references in future proceedings.
  10. Assume automated guidance: Court staff can provide general assistance but cannot give legal advice or predict outcomes.

Misconceptions

When dealing with legal documents and court procedures, it’s easy to get lost in the sea of information, especially if it’s your first encounter with a specific form, like the New Jersey Court Form 11487 for modifying a non-dissolution "FD" court order. Misunderstandings about this form can lead to delays in your case or even the dismissal of your request. Below are nine common misconceptions about this form and explanations to clear things up.

  • Anyone can use Form 11487, regardless of their case type. This is not true. Form 11487 is specifically designed for cases with a docket number starting with "FD," which refers to non-dissolution matters. If your case involves another matter or has a different case identifier, this is not the right form for you.

  • Form 11487 can be used to file an appeal against a court order. Actually, this form is not for filing appeals. If you want to appeal a court order, you must seek a different procedure and form, typically starting with form 10837 for appeals in trial, tax, or state agency decisions.

  • Emergencies can be handled through this form. If you're facing an emergency situation requiring immediate court intervention, Form 11487 is not the appropriate route. Emergent applications or "Order to Show Cause" requests must be filed in person at the courthouse due to their urgent nature.

  • There's no filing fee. There is, in fact, a $25.00 filing fee required when submitting this form. It's crucial to include this fee with your packet to avoid processing delays.

  • You must have a lawyer to use Form 11487. While it's beneficial to have legal representation because of the complexities involved in modifying court orders, it is not mandatory. The form and its accompanying packet provide guidance for those representing themselves.

  • The form can be filed with any paper size or color. The court mandates that all documents, including Form 11487, be filled out and submitted on white 8 ½” x 11” paper. Failing to follow this guideline could result in your documents not being accepted.

  • Personal information filed with Form 11487 will be public. Certain documents, like the Confidential Litigant Information Sheet, are kept confidential and are not shared with the opposing party or made public.

  • Modification requests don’t require current financial information. If seeking to establish or modify a child support order, filling out a Financial Statement for Summary Support Actions is a critical part of the process, and this information will be evaluated by the court.

  • If the other party’s whereabouts are unknown, you can’t file for a modification. While it’s essential to attempt to notify the other party, the court provides mechanisms, like the Certification of Diligent Search, to proceed if you’ve made a genuine effort to locate them but were unsuccessful.

Understanding these nuances can help you navigate the process more smoothly and potentially expedite the review and modification of your court order. It’s always recommended to review current guidelines on the New Jersey Courts’ official website or consult with a legal professional for accurate and personalized advice.

Key takeaways

Filing a request to modify a New Jersey court order, specifically labeled as a Non-Dissolution “FD” Court Order, can seem daunting. However, understanding the process can significantly ease the task. Here are key takeaways from the NJ Court 11487 form on how to file such a request, aimed at simplifying the process for individuals seeking to change their current court orders.

  • Eligibility: The form is strictly for those whose cases are categorized under “FD,” which typically involves issues such as child or spousal support, custody or parenting time changes, and similar family matters.
  • Filing Fee: A filing fee of $25.00 is required alongside the completed packet, emphasizing the need for preparedness in terms of potential costs.
  • Types of Modifications: This form allows for a variety of requests, including establishing or changing existing orders for child or spousal support, enforcing current orders, modifying custody or parenting time, and others. Each type of request necessitates careful completion of specific sections applicable to the sought after modification.
  • Exclusions: It’s critical to note the limitations of this packet — it is not applicable for appeals on prior court decisions, emergency orders, or cases not categorized under “FD.”
  • Legal Representation: The complexity of family law strongly suggests seeking legal advice. Various resources are available for those who cannot afford an attorney, including legal services programs and county bar association lawyer referral services.
  • Self-Representation Expectations: Representing oneself means no special court assistance or legal advice will be provided. It’s crucial to manage expectations and understand the court’s role and limits in self-representation.
  • Detailed Search Requirements: If the current address of the other party isn’t known, a Certification of Diligent Search must be completed, demonstrating efforts made to locate them. This ensures that all parties are given a fair chance to respond or participate in the process.
  • Confidential Information: The Confidential Litigant Information Sheet is a mandatory component of the filing process. This ensures the accuracy of court records while maintaining the confidentiality of sensitive information.
  • Financial Statements: A detailed financial statement is required if the modification involves child or spousal support, necessitating a thorough documentation of income, expenses, and financial status.
  • Child Support Enforcement: The form outlines options available for enforcing child support orders, highlighting the court’s role in ensuring compliance with established orders.
  • Keeping Records: It cannot be overstressed the importance of retaining copies of all filed documents, legal papers, and communications related to the case, ensuring readiness for any required follow-ups or court appearances.

Understanding and navigating the process to modify a Non-Dissolution “FD” Court Order in New Jersey requires attention to detail, awareness of the legal framework governing family law, and an appreciation for the judicial system’s procedural requirements. This understanding can significantly enhance one’s ability to successfully navigate the complexities of modifying court orders within the NJ legal system.

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