Nj Court Form 11487 is a document used to request or ask the court for something. This could be anything from a modification of a judgement, to waiver of fees, to setting aside default judgement. There are many reasons why you might need to use this form, and it's important that you complete it correctly so that your request can be processed as quickly as possible. In this post, we'll walk you through how to fill out Nj Court Form 11487 so that you can submit your request in the correct manner.
You might find it beneficial to know how much time you will need to fill out this nj court form 11487 and just how long the document is.
| Question | Answer |
|---|---|
| Form Name | Nj Court Form 11487 |
| Form Length | 16 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 4 min |
| Other names | fd application nj, nj child support modification form, request to modify non dissolution fd court order nj, application for modification of court order nj |
Family – Chancery
How to File a Request to Modify a
Updated 09/03/2019
How to File a Request to Modify a
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
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
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
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
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
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.
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,
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
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
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
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
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
Sample Address:
(Name of County) Courthouse Family Division
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
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
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
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
Select the checkbox if you are opposed to the children moving
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.
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5.The child(ren) involved in this order are:
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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 |
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State/Country litigation with regard to any of the parties or children listed above. (If yes, give |
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the title of case and docket number.) |
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Title of Case |
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Docket Number |
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State/Country |
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a. |
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vs. |
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b. |
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vs. |
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c. |
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vs. |
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A Child Protection Agency (i.e. the Division of Child Protection and Permanency or a similar |
Yes |
No |
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agency in another State) has been involved or is currently involved with the with the child(ren) |
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or listed parties. |
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Is any party in this case currently receiving public assistance? |
(Governed by 41 U.S.C.A. 602 |
Yes |
No |
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(A)(26), N.J.S.A. |
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8. I request the following: |
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Paternity (Certification in Support of Establishing Paternity required when requesting Paternity) |
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Were parents of the child married at the time of birth? |
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Yes |
No |
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Disestablishment of Paternity |
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Were parents of the child married at the time of birth? |
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Yes |
No |
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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 |
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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 |
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I am requesting (check one) an |
increase |
decrease in spousal support payments. |
(Pursuant to Court Rule |
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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 |
page 10 of 15 |
