Fm Motion Nj Family Court PDF Details

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Form NameFm Motion Nj Family Court
Form Length24 pages
Fillable?Yes
Fillable fields230
Avg. time to fill out26 min 2 sec
Other nameschild custody application form nj, nj family court, nj family court forms, nj family court custody forms

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Revised September 3, 2013

Family – Multi-Purpose Post judgment

Motion Packet

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

Another Related Action in Your Case

(Family Multipurpose Post-Judgment Motions)

Who should use this packet?

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

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

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

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

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

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

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

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

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

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

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

A Motion for Relocation of children (FM cases only)

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

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

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

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

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

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What do you need to complete this packet?

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

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

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Descriptions of Motions That You Can File With This Packet

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

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

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

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

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

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

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

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

Motion to Enforce Litigants’ Rights (FM only):

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

Motion for Emancipation of a Child (FM only):

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

Motion for Reimbursement of Medical Expenses (FM only):

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

Motion for a Change of Venue (FM only):

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

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

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

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

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

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

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

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

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

What deadlines do you need to meet?

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

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

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

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

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

njcourts.com.

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

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

Try to Get a Lawyer

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

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

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

What You Should Expect If You Represent Yourself

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

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

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

We can give you some information from your case file.

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

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

We can usually answer questions about court deadlines.

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

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

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

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

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

We cannot change an order issued by a judge.

Keep Copies of All Papers

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

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

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

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

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send things by certified mail, return receipt requested.

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

If You Want to File an Appeal, Not a Motion

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

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

Appellate Division, Superior Court,

Hughes Justice Complex

P.O. Box 006,

Trenton, NJ 08625-0006

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

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

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Definitions of Some Words Used in This Packet

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

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

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

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

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

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

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

Step 2: Get a court date for your motion.

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

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

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

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

Step 4: Fill out the Certification (Form B)

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

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

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

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

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

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

This step tells the court:

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

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

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

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

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

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

Probation Division (Form F)

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

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

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

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

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

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

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

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

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

Step 11: Check your completed forms.

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

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

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

Checklist

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

Letter to the Clerk of the Superior Court.

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

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

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

Notice of Motion.

Certification.

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

Proposed Order.

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Certification of Filing and Service.

Notice to Litigants.

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

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

Final Steps

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

Mail or deliver the following items to the court:

The original and one copy of all the forms; and

Two extra copies of the proposed order.

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

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

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

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

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

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

Deadlines

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

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

Revised: 09/03/2013, CN 10483 (How to Ask the Court to Change or Enforce an Order in Your Case)

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You have to provide the next details in order to prepare the template:

new jersey family court forms fields to fill in

Fill in the PLEASE TAKE NOTICE that on Friday, defendant will apply, to whichever judge is hearing, (your name), plaintiff, (check one), Increase / Decrease Child Support, Enforce Litigants’ Rights, and Reimburse Medical Expenses Change fields with any data that will be requested by the application.

Filling in new jersey family court forms part 2

Identify the important details in the (Type or print what you are asking part.

new jersey family court forms (Type or print what you are asking fields to insert

In the paragraph (Sign your name), Sign: (Check one), Plaintiff, Defendant, Date:, (Date you sign the form), If you requested an oral argument, Yes Yes, Language:, No No Accommodation:, and Revised: 09/03/2013, place the rights and obligations of the parties.

part 4 to entering details in new jersey family court forms

Fill out the file by reviewing the following areas: Your Name Street Address City/Town, State Cellular Telephone, apt, (check one), Plaintiff, Defendant, Plaintiff, SUPERIOR COURT OF NEW JERSEY, Civil Action, Certification in Support of a, (your name), plaintiff, defendant in this matter and I am, and (check one).

step 5 to finishing new jersey family court forms

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