Motion Child Form PDF Details

The "Motion Child" form, revised on August 6, 2020, serves as a crucial tool for those seeking to amend or enforce a court order related to family matters, including divorce, civil unions, or domestic partnerships, after a judgment has been passed. Designed for self-represented litigants, this comprehensive package provides instructions and necessary forms to request changes or enforcement of orders concerning child and spousal support, custody and visitation arrangements, emancipation of minors, and more. The form is sanctioned for use in cases denoted by an "FM" docket number, yet it encapsulates a variety of motions applicable to different family court cases, emphasizing the flexibility of legal frameworks to adapt to changed circumstances post-judgment. It is distinguishable from an appeal by its focus on altering or enforcing existing orders based on new facts or conditions, rather than contesting the judgment itself. Adherence to Court Rule 5:5-4 is mandatory when filing a motion, and the package aims to navigate litigants through the complex legal landscape, offering a pathway to modify or implement court decisions to better reflect the current realities of those it impacts.

QuestionAnswer
Form NameMotion Child Form
Form Length30 pages
Fillable?No
Fillable fields0
Avg. time to fill out7 min 30 sec
Other names (Family Multipurpose Post-Judgment Motions - Arabic)

Form Preview Example

Revised 08/06/2020

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?

You can use this packet if you have an order from the court that you wish to change or enforce in your divorce, your civil union or your domestic partnership.

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.

Family court motions are governed by Court Rule 5:5-4; your motion must follow the requirements of this rule. **Unless otherwise noted, this packet is for use in cases with an “FM” docket number.

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

•A motion to increase or decrease child support payments.

•A motion to terminate or continue child support.

•A motion to increase, decrease or terminate alimony or spousal support payments.

•A motion to change the custody arrangements of a minor child.

•A motion to change the visitation/parenting time arrangements in your case.

•A motion to enforce litigants’ rights. (This includes but is not limited to enforcing custody, college expenses, visitation, child support and alimony or spousal support payment orders.)

•A motion for emancipation of a child (termination of child support obligation).

•A motion for reimbursement of medical expenses.

•A motion for a change the county where the case is heard (Change of Venue).

•A motion for removal (relocation) of children.

•Miscellaneous Family Court motions governed by Court Rule 5:5-4.

•A motion to resume your maiden name after a divorce. Note: if your judgment of divorce stipulates that you may resume your maiden name, you do not need to use this packet, and may apply for a new social security card free of charge with the Social Security Administration office.

•A motion for reconsideration (FM, FD or FV cases).

•A motion to reinstate your divorce complaint.

•A cross-motion responding to one 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.

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 at njcourts.gov. However, you are ultimately responsible for the content of your court papers.

Revised 08/06/2020, CN 10483

page 1 of 30

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

Descriptions of Motions That You Can File with This Packet

Note: this packet is for use in cases that begin with the letters “FM”, except for a motion of reconsideration (page 3), which can be used for cases with the letters “FM”, “FD”, and “FV”.

Motion to Increase or Decrease Child Support payments:

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.

A Motion to Terminate or Continue Child Support

The new Child Support Termination law (N.J.S.A. 2A:17-56.67 et seq.), effective February 1, 2017, allowed for the termination of a child support obligation by operation of law (automatically) for a dependent who has reached the age of

19.If you are contesting the termination of the child support obligation or you are contesting the continuation of the child support obligation past the dependent’s age of 19, you can use this packet. If you are requesting financial maintenance beyond the dependent’s age of 23, you can also use this packet.

Motion to Increase, Decrease or Terminate Alimony payments:

You can use this packet to ask the court to either increase, decrease or discontinue the previously ordered alimony obligation.

Motion to Change the Custody Arrangements of a minor child:

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 the custody order.

Motion to Change Visitation/Parenting Time arrangements:

You can use this packet to ask the court to change a previously ordered visitation and/or parenting time arrangement.

Motion to Enforce Litigants’ Rights:

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:

Emancipation is defined as when a child has obtained an independent status on their own. Some examples of when this might occur:

•The child is 18 years of age and is no longer a full-time student, whichever is the last to occur.

•The marriage of the child.

•The entry of the child into the armed forces.

Motion for Reimbursement of Medical Expenses:

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 County Where the Case is Heard (Venue):

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.

A Motion for Removal (Relocation) of children:

When a custodial parent wants to move out of New Jersey, that parent must have either the written consent of the other parent or a court order permitting the relocation. If the non-custodial parent does not consent to the child’s relocation, then the custodial parent seeking the relocation must file a motion with the court seeking relocation as a relief.

Revised 08/06/2020, CN 10483

page 2 of 30

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

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

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

A Motion for Reconsideration of a Family Court Order (FM, FD or FV):

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 who made the decision you are requesting to be changed. You can also file an appeal in the Appellate Court within 45 days after the court has issued an order. However, that is a different process. You can read information about filing an appeal on page 5 of this packet. If you wish to file an appeal instead of a modification, you would use CN 10837 - How to Appeal a Trial Court, Tax Court or State Agency Decision found on our website at njcourts.gov.

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

A cross-motion is a motion that attempts to counter a motion filed by an opposing party. An example could be that the plaintiff filed a motion for custody of the minor child and the defendant filed a cross-motion for custody of the same minor child.

Definition of cases that begin with the letters FM, FD or FV:

FM cases are defined as “dissolution” cases such as divorce from marriage, termination of a civil union, or the termination of a domestic partnership.

FD cases are defined as the “non-dissolution” cases, which include cases involving unmarried parents, or other adults seeking a court order related to a minor child. To change or enforce your FD non-dissolution order, use CN 11492 - How to File a Request to Modify a Non-Dissolution “FD” Court Order Previously Issued by the Court available on our website at njcourts.gov.

FV cases are defined as cases involving a domestic violence complaint and order. To change or enforce your FV order, contact the Family Court in the county where your case was last heard.

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.

The other party in the case or their lawyer must receive these papers 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.

Submit your completed forms online by using the Judiciary Electronic Document Submission (JEDS) system. JEDS can be found on our website at njcourts.gov. If you cannot submit your documents electronically, you can mail them to the Family Court that issued the order you are trying to change or that last heard your case. You will find all Family Court addresses on njcourts.gov.

Note: Applications can be submitted electronically (uploaded) to the Judiciary Electronic Document Submission (JEDS) System (JEDS) at any time; however, they will only be reviewed by Superior Court staff during normal business hours.

Revised 08/06/2020, CN 10483

page 3 of 30

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

Things to Think About Before You Try to 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 can 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. 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 will sometimes consult with you at a reduced fee.

There are varieties 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. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of things court staff can and cannot do for you. Please read it carefully before asking the 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 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 submit electronically, mail, deliver or have delivered by a process server, courier, or an adult neutral third party, 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 themselves, then you must send those copies to that person.

To electronically submit your documentation in to new or existing cases to the court, use the Judiciary

Electronic Document Submission (JEDS) system. (Attorneys can use this system only for case types not available in eCourts.) Click on the following link for more information about the JEDS system (including FAQs) and how to register to use the system: https://www.njcourts.gov/selfhelp/jeds.html

Note: Applications can be submitted electronically (uploaded) to the Judiciary Electronic Document Submission (JEDS) System (JEDS) at any time; however, they will only be reviewed by Superior Court staff during normal business hours.

If you mail your papers, you must send them to the other party using both regular and certified mail, return receipt requested. This will provide you with a post office receipt and green card that can serve as

Revised 08/06/2020, CN 10483

page 4 of 30

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

proof of service. Your post office can tell you how to send things by certified mail, return receipt requested.

If you are using an adult neutral third party to serve your papers, an affidavit of service from the third party must be provided to the court.

If you are going to personally serve the papers to the opposing party, you must attach a notarized acknowledgement of service from the receiving party (Form H).

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.

DO NOT use this packet of materials if you want to file an appeal of a court order. If you wish to file an appeal instead of a modification, you would use CN 10837 - How to Appeal a Trial Court, Tax Court or State Agency Decision found on our website at njcourts.gov.

Revised 08/06/2020, CN 10483

page 5 of 30

How to Edit Motion Child Form Online for Free

Handling PDF files online is actually very simple using our PDF editor. Anyone can fill in Motion Child Form here effortlessly. To have our editor on the leading edge of practicality, we work to put into practice user-driven features and enhancements regularly. We are at all times looking for feedback - help us with revampimg the way you work with PDF documents. To get the process started, consider these simple steps:

Step 1: Firstly, access the editor by pressing the "Get Form Button" above on this page.

Step 2: This tool offers the ability to work with PDF forms in many different ways. Transform it with any text, correct what's already in the file, and add a signature - all at your convenience!

It will be simple to complete the document using this practical guide! This is what you must do:

1. While filling in the Motion Child Form, ensure to complete all of the needed blank fields in their relevant part. It will help hasten the process, enabling your information to be handled fast and appropriately.

Filling out section 1 of Motion Child Form

2. Once your current task is complete, take the next step – fill out all of these fields - Proposed Order Form C or Uniform, Previous Case Information, STEP Submit electronically mail, To electronically submit your, You can properly serve the packet, Attention If using this packet for, REMINDER Keep one copy of the, If you are mailing the papers you, Additional information If any, is receiving public assistance and, Revised CN, and page of with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

Motion Child Form writing process shown (portion 2)

3. Completing do Write as many paragraphs as you, week, The custody status of my child, week, The alimony or spousal support, to a week, An order was previously entered, party and the court should issue, Revised CN, and page of is essential for the next step, make sure to fill them out in their entirety. Don't miss any details!

Filling in section 3 of Motion Child Form

4. The next subsection needs your involvement in the subsequent places: How to Ask the Court to Change or, Name of the other party should, L If you pay or receive child, have a child support account, M In paragraph tell the court, when you and the other party go in, N Sign and date the form, O Select whether you are the, P If you requested oral argument, and Check whether you need a. Make sure you fill in all of the needed info to go onward.

L If you pay or receive child, How to Ask the Court to Change or, and N Sign and date the form of Motion Child Form

People frequently make mistakes while filling out L If you pay or receive child in this part. Remember to re-examine what you enter right here.

5. The form has to be finished by filling in this part. Here you will find an extensive listing of fields that must be filled out with correct details to allow your form submission to be complete: Filing Attorney Information or Pro, Cell Phone, Plaintiff, Defendant, Plaintiff Name as it appears in, County Probation Division, Superior Court of New Jersey, Civil Action, Notice of Motion, and See Below.

Motion Child Form completion process explained (part 5)

Step 3: Before moving on, check that blank fields are filled out the proper way. Once you think it is all fine, click on “Done." Sign up with us today and instantly get Motion Child Form, available for downloading. Each change you make is conveniently preserved , which means you can edit the document at a later time if required. We do not share the information that you provide whenever completing forms at FormsPal.

Motion Child Form isn’t the one you’re looking for?

Related Documents