Motion Child Form – Fill Out and Use This PDF

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.

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.

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

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

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

Definitions of Some Words Used in This Packet

Adult Neutral Party - An adult neutral party is an impartial third-party that has no financial, official, or personal interest in a controversy, dispute, or issue.

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, 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.

Family Case Information Statement (CIS) - The CIS tells the court your past financial status as well as your current status. If you are filing an FM 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. The CIS which is to be used with this packet can be found on our Self-Help Resource Center.

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

Judiciary Electronic Document Submission (JEDS) system - The JEDS system is an electronic filing system for self-represented litigants for submitting documents to the court. Attorneys can only use the JEDS system in cases not managed through eCourts.

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.

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

Pleading - a pleading is a formal written statement of the respective parties of their claim or response to a claim.

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

Definitions of Some Words Used in This Packet (continued)

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

Process Server - A process server is a person (for example, a sheriff or deputy), who serves writs, subpoenas, etc.

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

Service - Service refers to the delivery of a writ, summons, or other legal papers to the person required to respond to them.

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

Third Party - A third party is a person or group besides the two primarily involved in a situation, especially a dispute.

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

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

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 Motion

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

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

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

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

Instructions for Notice of Motion (Form A)

A.At the top of the form, type or print your Name, Attorney ID Number (if applicable), current Address, Daytime Phone, Cell Phone and Email Address. Enter Your Name and check whether you are the Plaintiff or the Defendant.

You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion.

B.Enter the names of the plaintiff and defendant on the Plaintiff and Defendant lines, as they appear on the original court order.

C.Enter the name of the County where you are filing this motion. This should be the county where the original case was heard.

D.Enter the case Docket Number as it appears on your original court order.

E.Provide the name and address of the other party’s lawyer, if they have one. If they don’t have one, write the name and address of the other party.

F.If you pay or receive child support through the Probation Division, fill in the name and address of the county Probation Division. Do not complete this if you do not pay or receive child support payments through the Probation Division.

G.Enter the date of the motion hearing on the line following Please take notice that on Friday. Please see Step 2 on page 8.

H.Enter your name in the space following as the matter may be heard and select whether you are the plaintiff or defendant.

I.Enter the county on the line following Family Part. Enter the county on the line following at the. Enter the city where you are filing the motion on the line following County Courthouse.

J.Check off the type of motion or motions you want the court to consider in the case. If you select Other, please specify what you want the court to do.

K.In each paragraph (1-4) write a short and clear statement explaining what you are asking the court to do. Write as many paragraphs as you need. Some examples of what you might put in this section are:

•The custody status of my child should be changed because it is in the best interest of my child;

•An order was previously entered by the court and is not being complied with by [name of other party] and the court should issue an order to Enforce Litigants’ Rights to have the other party comply with the court’s order. [List the type of order that has been violated.]

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

L.If you pay or receive child support payments through the Probation Division or if you otherwise have a child support account number, fill in the name of the Probation Division as well as your child support (CS) number in paragraph 5. If you do not pay or receive child support through the Probation Division, you won’t have a child support number. If this is the case, leave this section blank.

M.In paragraph 7 tell the court whether you want oral argument to be scheduled. Oral argument is when you and the other party go in front of the judge at the same time and both you and the other party tell the judge about your case. The judge will decide whether to grant your request for oral argument. If oral argument is not requested, the judge based on the papers you and the other party submit will decide the motion.

N.Sign and date the form.

O.Select whether you are the plaintiff or the defendant.

P.If you requested oral argument, select whether you need an interpreter. If yes, specify the language. Check whether you need a disability accommodation. If yes, specify the accommodation.

NOTICE: This is a public document, which means the document as submitted will be available to the public upon request. Therefore, do not enter personal identifiers on it, such as Social Security number, driver’s license number, vehicle plate number, insurance policy number, active financial account number, active credit card number or military status information.

Form A - Notice of Motion

(County Probation Division)

(Type or print what you are asking the court to do. Attach additional sheets of 8.5” x 11" white paper, if necessary.)

1.

2.

3.

4.

6. Or such other relief as the Court may deem equitable and just.

Date:

(Signature)

If you requested oral argument do you need to request:

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

Instructions for Certification in Support of Motion (Form B)

A.At the top of the form, type or print your Name, Attorney ID Number (if applicable), current Address, Daytime Phone, Cell Phone and Email Address. Enter Your Name and check whether you are the Plaintiff or the Defendant.

You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion.

B.Enter the names of the plaintiff and defendant on the Plaintiff and Defendant lines, as they appear on the original court order.

C.Enter the name of the County where you are filing this motion. This should be the county where the original case was heard.

D.Enter the case Docket Number as it appears on your original court order.

E.Enter your name in the line for I, _____ of full age…

F.Select whether you are the plaintiff or the defendant in this matter.

G.Check off the type of motion or motions you want the court to consider in the case. If you select Other, please specify what you want the court to do.

H.In paragraph 2, state the specific facts explaining WHY you are filing this motion. You need to explain in detail the following reasons for your request:

•For a Motion to Increase, Decrease or Terminate Child Support, Alimony payments: Why the court should modify/terminate your existing child support or alimony order.

•For a Motion to Change the Custody arrangements of a minor child: Why the court should change your existing custody order.

•For a Motion to Change the Visitation/Parenting Time arrangements: Why the court should change your existing parenting time or visitation order.

•For a Motion to Enforce Litigants’ Rights: Explain that an order was previously issued by the court in this case and describe how and when the other party has not complied with the court’s order.

•For a Motion for Emancipation of a Child: Why the court should find that your child is an adult and end your child support payments.

•For a Motion for Reimbursement of Medical Expenses: Why the court should order the other party to reimburse you for certain medical expenses. Describe the expenses in detail and document payments by health insurance.

•For a Motion to Change Venue: Why your case should be transferred to another county and identify the county.

•For a Motion for Reconsideration: What you want the judge to reconsider and why the judge should reconsider their decision.

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

•For a Motion for Relocation of Children: Why the court should grant your request to relocate the child(ren).

For a Cross-Motion responding to one of the motions listed previously: A cross-motion is a motion that disputes or responds to 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.

•Include all important information and any relevant dates.

•Write only one fact for each lettered paragraph. You may add as many lettered paragraphs as you need to state all the facts that support your requests. Attach additional 8 1/2" x 11" sheets of white paper, if necessary.

•Be sure to state specific facts that explain in detail why the court should grant your motion. If the existing order has not been followed, state specific examples of how the existing order has not been followed.

•Remember to attach the original order and any other previous court orders or other documents (exhibits) that support your requests and the statements in your Certification. These documents should be mentioned in your Certification. Make sure to mark them “1...2....3, etc.” in the upper right-hand corner, and attach them to the Certification.

I.Sign and date the form.

J.Select whether you are the plaintiff or the defendant.

Form B – Certification in Support of a Motion

2.Explanation of facts: (Attach additional sheets of 8.5" x 11" white paper, if necessary.) a.

b.

I certify that the statements made above are true. I am aware that if any of the statements made by me are willfully false, I am subject to punishment by the Court.

Remember to attach all copies of exhibits, orders, case information statements, etc., to this form.

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

Instructions for Preparing a Proposed Order (Form C)

A.At the top of the form, type or print your Name, Attorney ID Number (if applicable), current Address, Daytime Phone, Cell Phone and Email Address. Enter Your Name and check whether you are the Plaintiff or the Defendant.

You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion.

B.Enter the names of the plaintiff and defendant on the Plaintiff and Defendant lines, as they appear on the original court order.

C.Enter the name of the County where you are filing this motion. This should be the county where the original case was heard.

D.Enter the case Docket Number as it appears on your original court order.

E.On the line following opened to the court on Friday, fill in the date your motion will be heard. This is the same date that is on your Notice of Motion form (Form A). (See Step 2 on page 8).

F.Check off the type of motion or motions you want the court to consider in the case. If you select Other, please specify what you want the court to do.

G.After filed by, select whether you are the plaintiff or defendant. Leave the space blank after and. The judge will enter name of other party or their lawyer.

H.After appearing on behalf of the, select whether you are the plaintiff or defendant.

I.Enter the date of the hearing before ORDERED THAT:

J.In paragraph 1, state what you want the judge to order the other person to do. Write one relief for each letter paragraph. Include all of the things you asked for in your Notice of Motion. If you need additional space, you may attach an additional 8 ½ x 11 page. Some examples are:

$ a week;

•The custody status of the minor child is changed because it is in the best interest of the child;

•The child should be emancipated and all support obligations are hereby terminated effective (date).

NOTE: For a Motion to Enforce Litigants’ Rights, leave the relief section blank for the judge to complete.

K.Complete paragraph 2 only if you are filing a motion to increase or decrease child support. If your child support payments are administered through the Probation Division or if you otherwise have a child support account number, type or print that number in paragraph 2. The child support account number begins with the letters “CS.” If your child support payments are not administered by the Probation Division, you won’t have a child support account number. If this is the case, leave this section blank.

Form C - Proposed Order

Filing Attorney Information or Pro Se Litigant:

Name

NJ Attorney ID Number

Address

certifications and other papers filed herein and having heard the arguments and considered the arguments of the parties

(Attach additional sheets of 8.5” x 11" white paper if necessary.)

Additional Relief. (Leave these lines blank for the Judge).

, J.S.C.

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

Instructions for Certification of Filing and Service (Form D)

Include the Certification of Filing and Service (Form D) when you file your motion with the court. You must send or deliver copies of your motion to the other party or the other party’s lawyer in order to have your motion heard by a judge (see Step 5 on page 8 of this packet.). If you are serving this packet to the other party by BOTH certified and regular mail, you must obtain the certified mail number from the Post Office to complete this form. If you are personally delivering this packet to the other party, an accompanying notarized acknowledgement of service signed by the receiving party must be submitted with this packet (Form H).

Form D- Certification of Filing and Service

I hereby certify that the original of the attached Notice of Motion, the original of the attached supporting Certification, and the original and two copies of the Proposed Order are being filed with the Clerk of the Superior

In addition, I certify that I served a copy of this motion (check one)

personally on the person(s) or attorney(s) listed below.

Notarized acknowledgement of service signed by the other party attached (Form H). (Required if checking the box above.)

by process server, courier service or by an adult neutral third party, on the person(s) or attorney(s) listed below.

Affidavit/Acknowledgement of service attached. (Required if checking the box above.)

by mailing it on this date to the person(s) or attorney(s) listed below by BOTH regular and certified mail.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Date:

(Signature)

(Type or print your name)

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

Instructions for Notice to Litigants (Form E)

IMPORTANT: You must include the Notice to Litigants form in your motion packet (Rule 5:5-4 (d) - Motions in Family Actions). This form gives the other party or the other party’s lawyer important instructions. Read the form carefully. Type or print in the spaces provided, the name, address, city/town, state, and zip code of the county courthouse of the county in which you are filing your motion. This is the same information that is on the first page of the Notice of Motion (Form A).

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

Instructions for Statement for the Probation Division (Form F)

ONLY complete this form if your child support or alimony payments are administered through the Probation Division. If your child support or alimony payments are not administered through the Probation Division, DO NOT complete this form.

A.Type or print the plaintiff and defendant’s names from your Notice of Motion (Form A). Provide the plaintiff and defendant’s current employer and address.

B.Enter your child support account number. This account number begins with the letters “CS” and should be on your original order.

•Enter the name of each child for which child support has been ordered and their address. Attach additional sheets of 8.5” x 11” white paper, if necessary.

C.Enter each parent’s name and the name of each child. For each person listed, write the date of birth on the line next to DOB, as well as the Social Security Number on the line provided. Attach additional sheets of 8.5" x 11" white paper, if necessary.

D.Provide additional information about licenses that any party may have, or any insurance information, if known.

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

Instructions for Letter to the Clerk of the Superior Court (Form G)

A.At the top of the form, type or print your Name, Attorney ID Number (if applicable), current Address, Daytime Phone, Cell Phone and Email Address. Enter Your Name and check whether you are the Plaintiff or the Defendant.

You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion.

B.Enter the name of the county, the street address, the city, state and zip code for the Superior Court Clerk, Family Part at your county courthouse.

C.Enter the name of the case (Plaintiff v. Defendant).

D.Enter Docket Number of your case as it appeared on the original complaint.

E.Enter the name of the person to whom you mailed/delivered your motion papers on the line provided. If it was the other party, write the party’s name. If it was the other party’s lawyer, write their name.

F.Sign your full name on the signature line.

G.Under the Enclosures: enter the name of the other party’s lawyer (if they received a copy of your motion papers), otherwise write the name of the other party (if the party received your motion papers). Write the name of the county Probation Division if you receive or make child support payments through Probation.

H.Put this letter on top of your motion papers and then mail to the clerk of the Superior Court at your county courthouse or upload the papers through JEDS.

Form G - Letter to the Clerk of the Superior Court

Superior Court Clerk, Family Part.

(county)

(street address)

(city, state, zip code)

RE:

(Name of case, Plaintiff v. Defendant)

(Type or print docket number)

Dear Sir or Madam:

Enclosed is an original and one copy of a Notice of Motion and Certification in Support of Motion as well as an original and two copies of the Proposed Order submitted by me in the above matter.

(name of other party or other party’s lawyer)

Please mark the copy of the Notice of Motion and Certification “filed” and return them in the enclosed envelope. (If you are filing an FM/matrimonial motion, you must include a $50 check or money order payable to Treasurer, State of New Jersey for filing this motion. All other case types do not require a filing fee.) Thank you for your cooperation in this matter.

Very truly yours,

Signature

Enclosures

Copies to:

Name of other party’s lawyer, if applicable or name of other party

Name of County Probation Division collecting support, if applicable