Fill - Free fillable File a Non-Divorce Application for Custody, Child/Spousal Support (NJ Judiciary) PDF form

Revised 09/03/2019, CN 11492 page 1 of 14

Family – Chancery

How to

File a Non-Divorce Application for Custody, Child/Spousal Support or Parenting Time (Visitation) - Non-dissolution "FD" Case

Updated 09/03/2019

How to File a Non-Divorce Application for Custody,

Child/Spousal Support or

Parenting Time (Visitation) - Non-dissolution “FD” Case

Superior Court of New Jersey - Chancery Division - Family Part

Who Should Use This Packet?

This packet should only be used the

first time you file for custody, parenting time, paternity, child support, medical

coverage, spousal support or visitation with a minor (grandparent/adult sibling).

Use this packet if you are:

•

a parent who is not married, or who is married but has not filed for divorce, and you want to establish paternity,

custody, parenting time (visitation), child support, and/or medical support.

•

married and requesting spousal and/or medical coverage.

•

a grandparent or adult sibling and you want to file for custody, visitation, child support and/or medical support.

•

filing a counterclaim or a response to a complaint filed by the other party.

Do NOT use this packet if:

•

you have filed for divorce or are divorced from the other party.

•

you have an active domestic violence restraining order with the other party.

•

you already have a Family court case with the other party that you want to modify.

•

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. 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.

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

Revised 09/03/2019, CN 11492 page 2 of 14

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. 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 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.

Revised 09/03/2019, CN 11492 page 3 of 14

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

day-to-day responsibility.

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 non-dissolution case that involves parents who are not legally

married or other adults filing for court relief on behalf of minor children. FD cases can also include married

people who are separated but need financial support.

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.

Revised 09/03/2019, CN 11492 page 4 of 14

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.

Non-Custodial Parent - the non-custodial parent is the parent with whom the child(ren) do not live the

majority of the time with.

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, bi-weekly,

etc.).

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

Revised 09/03/2019, CN 11492 page 5 of 14

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 Verified Complaint or

Counterclaim (Form A)

The Verified Complaint or Counterclaim is a

written request in which you ask the court to

establish a court order on your behalf concerning a

minor child or spouse. The court will establish an

order based on testimony of the parties and written

documentation submitted.

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 complaint 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 complaint. 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 for custody or

parenting time/visitation with a minor child, the

court requires that you provide the address of the

other legal parent/guardian, so they can be served

with the complaint 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 initial

application. 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.

Revised 09/03/2019, CN 11492 page 6 of 14

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 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 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 spousal support.

Spousal support can only be established under FD

when there is no active divorce case.

Pursuant to Court Rule 5:5-2, a spousal support

determination requires the parties to submit a Case

Information Statement to the court. 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. The other party

must complete this same form, file it with the court

and send a copy to you. The court will provide

instructions to the other party about sharing this

information with the filing party prior to the court

hearing. This document is confidential pursuant to

Court Rule 1:38-3 and is not available for review by

any other people besides the two parties involved in

the case, their attorneys, and the court. You can

find this form on njcourts.gov.

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 and

make copies

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 (IV-D Child Support

Program)

Certification in Support of

Establishing Paternity

Certificate of Parentage (COP)

Additional Information Sheet

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. When mailing, make sure

you specify the “Family Division” and “Non-

dissolution Intake” in your address to insure your

papers arrive at the correct department in the court.

Sample Address:

(Name of County) Courthouse Family Division

Non-Dissolution Intake 1234 Street

PO Box #

City, State, Zip code

All courthouse addresses can be found on

njcourts.gov.

Revised 09/03/2019, CN 11492 page 7 of 14

Additional Information on Child Support and Paternity

Note that if your case involves paternity, child support or spousal support, you might need to provide

additional information to the court. Read the next section carefully and include any documents that

apply to your case. Failure to complete certain required documents will result in your application being

returned as “deficient” which will delay you getting your day in court.

Federal Child Support Services Application (IV-D Child Support Program)

You should complete this application if you are applying to establish paternity or child support.

Applying for support services under the federal child support program insures your case will be enforced

through the court’s Probation Division. Go to NJchildsupport.org, fill out the application, print, sign and

mail or deliver with your court papers. The Federal Child Support Program costs $6.00. Include a

money order or check for that amount along with the application with the papers you are filing with the

court. This application is in addition to the other court papers you must file to establish your child

support order.

Child support services include: locating the parent who has a duty to support your child(ren), legally

determining if a person is the biological parent of your child, obtaining an order for child support and

medical support services (if available at a reasonable cost), collecting support payments, keeping

accurate records of payments and enforcing the support order.

Certification in Support of Establishing Paternity

This form must be completed if you are the unmarried biological mother of a child seeking paternity or

child support and legal paternity of the father that has not been established by a Certificate of Parentage

(COP) or a previous court order. This form must also be completed by the biological father filing for

legal paternity or the legal caretaker of the child who wants child support, but where the legal father has

not been identified by the court. Only answer the questions about which you have personal knowledge.

Put “n/a” if the questions do not apply to you. This form will be shared with the alleged biological

father/mother when they receive the notice to appear.

Certificate of Parentage (COP)

This is only required if you are filing to establish paternity for one or more of the children listed in the

complaint. Include a copy of the “Certificate of Parentage”, if available, with the papers you file with

the court. Check the box only if the form is attached. Make sure you keep a copy for your own records.

Revised 09/03/2019, CN 11492 page 8 of 14

Instructions for Completing a Verified Complaint or Counterclaim

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. If you are filing a Verified Complaint enter your name on the line marked “Plaintiff”. If you are

filing a Counterclaim enter your name on the line marked “Defendant”.

B. Enter the name of the other party in your case on the remaining line.

C. On the right side of the form, enter the County where you are filing the application.

D. Leave the Docket Number and CS Number lines blank. The court will provide these numbers for

you.

E. Select whether you are filing a Verified Complaint or Counterclaim.

F. Enter your name on the line between the words “I …..by way of verified complaint”.

G. In item #1, select whether you are the Plaintiff, Defendant or the Attorney (for either the Plaintiff or

Defendant) in the case. Enter your birth name (if different than what you entered for item A).

H. In item #2, enter the address for the plaintiff. 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 address for the make sure to include the apartment number or floor, if

applicable. Enter the defendant’s relationship to the child(ren) in this matter.

J. In item #4, enter the attorney’s name, firm name, attorney ID number and firm address that is

representing a party in this matter.

K. In item #5, list the children that are part of your case. Enter each child’s date of birth, gender and the

relationship of the person with whom the child currently resides.

L. In item #6, list any other interested parties and their address that should be noticed to appear in court

regarding the children.

M. For item #7, select whether you have had previous Family Court activity related to any of the parties

listed in this complaint. If you select “Yes”, enter the title of the case, the docket number and the

state or country that has jurisdiction of that case.

N. For item #8, select whether (to your knowledge) a child protection agency (i.e., DCPP 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.

O. For item #9, select the boxes for all the reliefs you want the court to consider in your case (you can

select more than one). Note that only those that are selected will be considered during your court

hearing.

Revised 09/03/2019, CN 11492 page 9 of 14

Q. Only fill out item #10 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. Attach additional pages if needed.

R. In the Required Attachments section, select the appropriate box(es) for those forms that you have

attached to your packet.

S. In the Additional Attachments section, select the box if you are attaching any additional information

to your packet.

T. Select whether you will need Interpreting services or ADA accommodations, and list the language

and/or accommodation.

U. The form must have the signature of the party filing the complaint along with the signature of the

attorney that is filing the complaint on behalf of the party.

Revised Form Promulgated by Directive #20-19 (09/03/2019), CN 11492 page 10 of 14

Superior Court of New Jersey

Chancery Division - Family Part

County

Plaintiff

Docket Number: FD -

vs.

CS Number:

CIVIL ACTION

Verified Complaint

Counterclaim

Defendant

by way of verified complaint/counterclaim, certify the following:

I am the Plaintiff Defendant Attorney for in the

above

-captioned matter.

Birth Name (if applicable) .

Plaintiff resides OR is incarcerated at:

Address

City/Town

County

State

Zip Code

Relationship to the child(ren)

Plaintiff resides OR is incarcerated at:

Address

City/Town

County

State

Zip Code

Relationship to the child(ren)

Defendant resides OR is incarcerated at:

Address

City/Town

County

State

Zip Code

Relationship to the child(ren)

Defendant resides OR is incarcerated at:

Address

City/Town

County

State

Zip Code

Relationship to the child(ren)

Attorney

Name

Firm Name

ID Number

Address

City/Town

State

Zip Code

Save

Clear

Revised Form Promulgated by Directive #20-19 (09/03/2019), CN 11492 page 11 of 14

The child(ren) involved in this complaint are:

Name

Date of Birth

M/F

Residing with (relationship)

Other interested parties’ name(s) and address(es):

I have previously been involved in the following New Jersey family court actions or

other State/Country litigation

involving at least one of the parties or children listed

above. (If yes, give the title of case and docket number.)

Yes

Title of Case

Docket Number

State/Country

vs.

A Child Protection Agency (i.e. the Division of Child Protection and Permanency or a

similar agency in another State) has been involved or is currently involved with the with

the child(ren) or listed parties.

Yes

Is any party in this case currently receiving public assistance? (Governed by

41 U.S.C.A. 602 (A)(26),

N.J.S.A. 44:10-1.1, et seq.)

Yes

I request the following:

Establish Paternity (Certification in Support of Establishing Paternity is required when requesting Paternity)

Were parents of the child married at the time of birth?

Yes

Disestablish Paternity

Were parents of the child married at the time of birth?

Yes

Establish Maternity

Child Support (A Certificate of Parentage is required if available)

(Pursuant to Court Rule 5:5-3, you are required to complete a Financial Statement for Summary Support

Actions

to serve on the other party. At the hearing you must have your most recent federal income tax return or

your three most recent pay stubs.)

Spousal Support

(Pursuant to Court Rule 5:5-2, you are required to complete a Case Information Statement to serve on the other

party. At the hearing you must have your most recent federal income tax return

or your three most recent pay stubs)

College Expenses

Custody

Revised Form Promulgated by Directive #20-19 (09/03/2019), CN 11492 page 12 of 14

Establish visitation/parenting time arrangements

Parenting Time

Grandparent Visitation

Sibling Visitation

Other

Medical Support Requested

Health benefits for myself

Health benefits for the child(ren) named in this complaint

Reasons for your request: (explain in detail)

10.

The relief I am requesting is not listed above. I am requesting the following from the court. (Use additional

information sheet if necessary)

Revised Form Promulgated by Directive #20-19 (09/03/2019), CN 11492 page 13 of 14

Required Attachments (Check all appropriate boxes)

Confidential Litigant Information Statement.

Certificate of Parentage (if available). (Please note that this is not the Birth Certificate.)

Certification in Support of Establish Paternity (when requesting establishment of paternity).

Financial Statement for Summary Support Actions (when requesting child support only).

Case Information Statement (when requesting spousal support only).

Additional Attachments

Check this box if you are attaching any additional information (a certification, exhibits)

the hearing:

Will you require an interpreter?

Yes

If yes, indicate language:

Will you require an accommodation for a disability?

Yes

If yes, indicate requested

accommodation:

I/we certify that the foregoing statements made by

me/us are true. I am/We are aware that if any of the

foregoing statements made by me/us are willfully false, I am/We are subject to punishment.

Date

Signature

Plaintiff

Defendant

Date

Signature

Plaintiff

Defendant

Date

Signature

Plaintiff Attorney

Defendant Attorney

Note that the signature of the party filing the complaint is required along with the signature of the

attorney that is filing the complaint on behalf of the party.

COURT APPEARANCE INFORMATION FOR THE PERSON FILING THIS APPLICATION:

Your appearance is mandatory. You should bring to court any other documentation or proof that supports your case. If you

are filing for child or spousal support, bring any information about your finances with you to your court appearance such as

your last three pay stubs and your most recent W-2 statement. You may bring an attorney, although an attorney is not

required. If you require assistance in selecting an attorney, you may contact your County Bar Association. If you cannot

afford an attorney, you may contact Legal Services of New Jersey at www.lsnj.org.

COURT APPEARANCE INFORMATION FOR THE PERSON RECEIVING THIS APPLICATION:

Your appearance is mandatory. If you fail to appear at the hearing an order granting the relief requested by the filing party

may be granted. If the filing party’s request is for child or spousal support, bring any information about your finances with

you to your court appearance such as your last three pay stubs and your most recent W-2 statement. You may bring an

attorney, although an attorney is not required. If you require assistance in selecting an attorney, you may contact your

County Bar Association. If you cannot afford an attorney, you may contact Legal Services of New Jersey at www.lsnj.org.

Revised Form Promulgated by Directive #20-19 (09/03/2019), CN 11492 page 14 of 14

Additional Information Sheet

Full Name

Date

Docket Number

CS Number

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 of Plaintiff/Counterclaimant

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