Support Modification Petition Details

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In the table, there is some good information regarding the form 4 11. It's definitely worth making the effort to learn this prior to starting filling out your form.

QuestionAnswer
Form NameForm 4 11
Form Length4 pages
Fillable?Yes
Fillable fields87
Avg. time to fill out18 min 28 sec
Other namespetition to terminate child support ny, nys form 4 11, 4 11 form, form 4 11 support petition for modification

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F.C.A. §§ 440, 442-447, 449, 451, 461

Form 4-11

466, 467, S.S.L. § 111-g

 

(Support-Petition for

[NOTE: Personal Information Form 4-5/5-1d,

Modification)

containing social security numbers of parties and

10/2016

dependents, must be filed with this Petition]

 

FAMILY COURT OF THE STATE OF NEW YORK

 

COUNTY OF

 

 

....................................................................................

 

In the Matter of a Proceeding for Support

 

Under Article 4 of the Family Court Act

Docket No.

(Commissioner of Social Services, Assignee,

 

on behalf of

, Assignor)

PETITION FOR

 

 

MODIFICATION OF AN ORDER

 

 

OF SUPPORT MADE BY

 

Petitioner,

FAMILY COURT

 

 

ANOTHER COURT

(Assignor)

-against-

Respondent.

.......................................................................................

TO THE FAMILY COURT:

The undersigned Petitioner respectfully shows that:

1.a. I am [check box]: □ an individual and am related to the child(ren) as follows [specify]:

and I reside at [specify]:1

□ assignee agency, which has its place of business at [specify]:

b. Respondent resides at [specify]:2

.

2.a. I was the □ petitioner □ respondent in an action instituted in the

□ Supreme Court of the State of New York, [specify county]:

County

□ Other Court [specify other court]:

Court of

 

b. The action was named [specify]:

,

Index/Docket No. [specify]:

Respondent was □ petitioner □ respondent in the action.

1Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an

unreasonable health or safety risk. SEE Family Court Act §154-b; Form 21 (available at www.nycourts.gov).

2 Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. SEE Family Court Act §154-b; Form 21 (available at www.nycourts.gov).

 

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3. a. A judgment order, dated

, was entered in the action directing the

□ Respondent □ Petitioner to [specify terms]:

.

A true copy of the □ judgment □ order is attached and made a part of this Petition.

b. An order of support dated

, was entered directing the □ Respondent

Petitioner to [specify terms]:

.

A true copy of the □ judgment order is attached and made a part of this Petition.

4. The names, addresses and dates of birth of all children affected by this order are:

CHILD’S NAME

ADDRESS3

DATE OF BIRTH

5. a. Under the terms of the □ judgment □ order, the □ Supreme Court □ Other Court

[specify]:has not retained exclusive jurisdiction to modify the □ judgment □ order. b. [Check if applicable]: □ The other Court is a court of competent jurisdiction outside the

State of New York.

6.(Upon information and belief) I have standing to seek a modification of child support because, since the entry of the □ judgment □ order,

[check applicable box]:

□ there has been a substantial change of circumstances in that [specify]:4

3Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an

unreasonable health or safety risk. SEE Family Court Act §154-b; Form 21 (available at www.nycourts.gov).

4 If incarceration is the basis for alleging substantial change in circumstances, so state and indicate whether or not the incarceration resulted from a charge and/or conviction for nonpayment of child support or an offense against the custodial parent or child who is the subject of the child support order. SEE Family Court Act §451(2)(a); Domestic Relations Law §236B(9)(b)(2)(i).

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Unless the parties have specifically agreed otherwise in a validly executed agreement or stipulation, three years have passed since the order was entered, last modified or adjusted. [NOTE: This ground only applies to original or modified support orders entered on or after October 13, 2010].

Unless the parties have specifically agreed otherwise in a validly executed agreement or stipulation, there has been a change in either party’s gross income by fifteen percent or more since the order was entered, last modified or adjusted. [NOTE: This ground only applies to original or modified support orders entered on or after October 13,

2010]. The basis for this allegation is as follows [specify]:

7.The □ judgment order should be modified as follows [specify]:

.

8.[Delete if inapplicable]: I did not make an application earlier for relief from the judgment

□order directing payment prior to the accrual of arrears because (s)[specify reason(s)]:

9.[Applicable to individual petitioners; if agency, skip to ¶10]: check a box only if applicable]: I am hereby applying for child support services from the Support Collection Unit (the IV-D

program pursuant to Title 6-A of the Social Services Law) through the filing of this Petition, unless:

□ I have already applied for child support services from the Support Collection Unit (the IV-D

program pursuant to Title 6-A of the Social Services Law)

□ I do not need to apply now because I have continued to receive child support services after

the public assistance or care case, or foster care case, for my family has closed.

I do not wish to apply for child support services.

I am not eligible to apply for child support services because I am petitioning for spousal

support only.

10.No previous application has been made to any judge or court, including a Native American tribunal, or is presently pending before any judge or court, for the relief requested in this petition (except

WHEREFORE, I respectfully request that the □judgment □ order of the □ Supreme

Court □ Other Court [specify]:

, dated

, be modified as set forth above

and for such other relief as the Court may deem just and proper.

 

NOTE: (1) COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDING COMMENCED BY THIS APPLICATION (PETITION) SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OF

Page 4

LIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO BE HEARD BY THE COURT AND TO PRESENT EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN OF THE FAMILY COURT ACT, KNOWN AS THE CHILD SUPPORT STANDARDS ACT.

(2)A PARTY SEEKING SUPPORT FOR ANY CHILD(REN) RECEIVING FAMILY ASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED BY THE SUPPORT COLLECTION UNIT, WITHOUT FURTHER APPLICATION BY ANY PARTY. ALL PARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.

(3)WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY

CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTION FOUR HUNDRED FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER, REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.

___________________________________

Dated:Petitioner

___________________________________

Print or type name

___________________________________

Signature of Attorney, if any

___________________________________

Attorney’s Name (Print or Type)

___________________________________

___________________________________

Attorney’s Address and Telephone Number

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example of blanks in child support forms ny

Feel free to submit the □ assignee agency, and I reside at [specify]:1, Respondent was □ petitioner □, 1 Unless the Court has ordered the, unreasonable health or safety, 2 Unless the Court has ordered the, and unreasonable health or safety box with the required details.

Entering details in child support forms ny step 2

The system will demand for additional information with the intention to quickly fill in the segment CHILD’S NAME, ADDRESS3, and DATE OF BIRTH.

child support forms ny CHILD’S NAME, ADDRESS3, and DATE OF BIRTH blanks to fill out

The [specify]: has not retained section could be used to indicate the rights and obligations of either side.

Completing child support forms ny step 4

Finalize by reviewing the following sections and preparing them as required: [specify]: has not retained, □ there has been a substantial, 3 Unless the Court has ordered the, unreasonable health or safety, 4 If incarceration is the basis, and the incarceration resulted from a.

stage 5 to completing child support forms ny

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