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Revised 08/06/2020, CN 10483 page 1 of 29
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 a
lready 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 Pr
obation Division. In this case, you should
contact your county Famil
y 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 Ne
w 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.
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 2 of 29
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
Revised 08/06/2020, CN 10483 page 3 of 29
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
Revised 08/06/2020, CN 10483 page 4 of 29
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.
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 5 of 29
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
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.
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 6 of 29
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
Revised 08/06/2020, CN 10483 page 7 of 29
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
Revised 08/06/2020, CN 10483 page 8 of 29
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
If you are filing a Motion to Increase/
Decrease/Terminate child support payments, you
need to know that Child Support Guidelines are used
in New Jersey to determine child support awards
(N.J. Court Rule 5:6A). A copy of the New Jersey
Court Rules is available in all county law libraries
and on njcourts.gov.
STEP 1: Fill out the Notice of Motion
(Form A)
The Notice of Motion tells the court and the other
party the things you want the court to do. It also
tells the other person in the case, and the court, the
date the motion will be heard.
STEP 2: Get a court date for your motion
You must locate a date you want your motion to be
heard by the court. Go to
https://www.njcourts.gov/calendars.html (under the
“Miscellaneous” heading select “Motion Day
Schedule”). Pick a Friday date that allows sufficient
time to meet the required service and answer
timeframes. Fill in that date on your Notice of
Motion form.
NOTE: The date you are initially assigned might
change depending on the judge's schedule. If that
happens, the court will contact you and all parties
listed in your papers.
STEP 3: Fill out the Confidential Litigant
Information Sheet
The purpose of the Confidential Litigant Information
Sheet (CN 10486) is to ensure accuracy of court
records. You must complete this form any time you
file a pleading (not just the first pleading) involving
alimony, maintenance, child support, custody,
parenting time, visitation or paternity. Complete the
entire form. Do NOT leave any blank spaces. If
something does not apply to you, enter “N/A”. You
can find this form on njcourts.gov.
STEP 4: Fill out the Certification in Support of
Motion (Form B)
On the Certification in Support of Motion, type or
print the specific reasons you think the court should
agree to the things you are asking for in your Notice
of Motion. The reasons you give to the court must
be based on the facts that you know are true. Type
or print the details about the events that led up to
your filing this motion.
You must include with the completed Certification
form a copy of all previous orders. Remember to
sign and date the form. You should also attach
copies of any other papers that will prove that the
things you say in your Certification are true, such as
pay stubs or federal or state tax returns. These other
papers are called exhibits.
STEP 5: Fill out the Proposed Order (Form C)
unless you are requesting to establish, increase or
decrease child support (see “Note”)
You should include in the Proposed Order (Form C)
all the things that you are asking the court for in
your Notice of Motion. If the judge does not agree
with everything you asked for, the judge might
change your Proposed Order. The original and two
copies of the Proposed Order must be attached to
your Notice of Motion when you deliver it to the
court, along with a stamped self-addressed envelope.
Note: Do NOT use this form if you are requesting to
establish a new child support order, or to increase or
decrease your current child support obligation. If
you are requesting to establish child support or to
increase or decrease your current child support
obligation, you should complete the Uniform
Summary Support Order (USSO) (CN 10284),
which can be found on njcourts.gov.
If the judge grants your motion after the hearing, the
judge will sign either the Proposed Order or the
USSO.
STEP 6: Fill out the Certification of Filing and
Service (Form D)
This form tells the court the date that you mailed or
delivered the copies of the documents to the other
party or other party’s attorney, as well as the method
of mailing (process server, courier, adult neutral
third party; in person; or by regular and certified
mail, return receipt requested).
STEP 7: Fill out the Notice to Litigants
(Form E)
The Notice to Litigants form lets the other party
know how to respond to your Notice of Motion.
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 9 of 29
Your motion could be dismissed if your motion
papers do not include the Notice to Litigants.
Step 8: Fill out the Statement for the Probation
Division (Form F)
Fill out this form ONLY if your child support
order is being administered through the
Probation Division and you want to change that
order.
You must fill out this form if you are filing a Motion
to Increase, Decrease or Terminate Child Support
payments that are paid to, or received through, the
Probation Division. This form helps Probation
know what the court has ordered so that it can keep
track of child support payments in the case. If you
are not paying or receiving child support through the
Probation Division, but are filing a Motion to
Increase, Decrease, or Terminate Child Support
payments, DO NOT complete this form, instead go
directly to Step 9.
STEP 9: Fill out the Case Information Statement
(CIS)
If you are filing an FM motion and asking for any
type of monetary relief such as an increase or
decrease in support, and you have previously
completed a CIS in this case; you must file a copy of
the last CIS submitted to the court. You must also
complete a new and current CIS, and file a copy of
that to the court as well. (This means you will be
attaching two CIS forms to your current motion.)
The two Case Information Statements tell the court
your past financial status as well as your current
status, and both must be attached to your Notice of
Motion. Make sure to attach proof of your income
(i.e., pay stubs, tax returns, etc.)
You will also need to include a blank CIS form in
the packet of papers that you mail (or deliver) to the
other party. The other party must then complete the
CIS and mail (or deliver) a completed copy back to
you, as well as send a completed copy to the court.
The Case Information Statement form
(CN 10482) can be found at njcourts.gov.
STEP 10: Fill out the Letter to the Clerk (Form G)
Complete the Letter to the Clerk of the Superior
Court. This letter must be the first page of the
packet of papers that you file with the court. You
must include a self-addressed, stamped envelope
with this letter.
For FM cases only: attach your check or money
order for $50 made payable to the Treasurer, State
of New Jersey. DO NOT send cash.
FV case types do not require a filing fee.
STEP 11: 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.
You also need to make three copies of the entire
packet of the completed forms, and 2 extra copies of
the proposed order. Keep one copy of the entire
packet for your own records.
In Step 12 you will be directed to mail or upload
your documents to the court. The following
checklist will help ensure your package is complete:
Checklist
Make sure you have all of the following items and
that they are in this order:
Letter to the Clerk of the Superior Court
(Form G).
$50 check or money order (FM cases only).
Make the check or money order payable to,
Treasurer, State of New Jersey. Do not
send cash. If you pay in person, keep the
receipt for your records.
A self-addressed, stamped envelope for the
court order that will be mailed to you (if you
did not select oral argument).
Notice of Motion (Form A), Certification in
Support of Motion (Form B).
Any papers to support your motion (called
exhibits), including all prior orders.
Proposed Order (Form C) or Uniform
Summary Support Order (CN 10284),
Certification of Filing and Service (Form D),
Notice to Litigants (Form E), Statement for
the County Probation Division (Form F) if
required (see Step 8).
Previous Case Information Statement (CIS)
and a current CIS (CN 10482), if applicable.
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 10 of 29
STEP 12: Submit electronically, mail, deliver or
have delivered your package of completed papers
to the court and the other party in the case.
Submit electronically, mail, deliver or have
delivered the original and one copy of all the forms,
and 2 extra copies of the proposed order to the
court.
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.
Mail, deliver or have delivered one copy of the
entire packet of completed forms to the other party
or their current lawyer, if known.
You can properly serve the packet on the other party
or their attorney as follows: by certified and regular
mail through the Postal Service; by a process server
or courier service, or by an adult neutral third party
(an accompanying notarized affidavit must be
submitted to the court if choosing this method of
service - the form must be notarized at the time of
service) or you can personally deliver the packet to
the other party (an accompanying notarized affidavit
signed by the receiving party must be submitted to
the court if you choose this method of service- the
form must be notarized at the time of service). You
must prove to the court that the other non-filing
party has been served with your papers.
Attention: If using this packet for a case that
begins with the letters “FV” do not personally
serve this motion packet. Contact the Family
Court for further instructions on service of this
packet.
REMINDER: Keep one copy of the entire packet
for your own records.
If you are mailing the papers, you must use regular
and certified mail with return receipt requested.
This will provide you with a post office receipt and
green card. Return of a signed green card is proof of
service to the other party. Your post office can tell
you how to send certified mail with return receipt
requested.
Additional information:
• If any person named in the Notice of Motion is
receiving public assistance and this motion
involves child support, you must also send a
copy of the packet to the Social Services agency
in the county that is providing assistance to that
person and/or child(ren). If this applies to you,
then you must make an extra copy of the entire
packet of completed forms, and an extra copy of
the Proposed Order.
• Mail, upload, deliver or have delivered one copy
of the Probation Statement to the county
Probation Division if you are filing a Motion to
Increase, Decrease or Terminate Child Support
and/or Alimony or Spousal Support payments
and those payments are monitored through the
county Probation Division.
• If you are personally delivering the motion, you
must have the opposing party complete the
Acknowledgement of Personal Service Form
(Form H). This form must be notarized by a
Notary Public.
DEADLINES
• You must get the motion papers to the other
person in the case or to their lawyer at least 24
calendar days before the motion is scheduled to
be heard by the court.
• If you are sending your motion by mail, you
must mail it no later than 27 calendar days
before the motion is scheduled to be heard by
the court. This allows three days for mailing
and delivery.
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 11 of 29
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 child support payments should be increased or decreased from $ a week to $ a week;
• The custody status of my child should be changed because it is in the best interest of my child;
• The parenting visitation time should be increased from hours per week to hours per week;
• The alimony or spousal support payments should be increased or decreased from $ a week to
$ a week;
• 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.]
• [Name of the other party] should repay me $ as reimbursement for medical expenses.
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.
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 12 of 29
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.
Revised 08/06/2020, CN 10483 (Form A - Notice of Motion) page 13 of 29
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
Filing Attorney Information or Pro Se Litigant:
Name
NJ Attorney ID Number
Address
Daytime Phone
Cell Phone .
Email Address
.
Your Name .(check one) Plaintiff Defendant
Superior Court of New Jersey
Plaintiff, (Name as it appears in original caption)
Chancery Division-Family Part
County
v.
Docket Number
Civil Action
Notice of Motion
(See Below)
Defendant (Name as it appears in original caption)
TO: (Other party’s lawyer or Other Party)
(County Probation Division)
PLEASE TAKE NOTICE that on Friday,
, at 9:00 a.m., or as soon
after
that as the matter may be heard, , the (check one)
plaintiff defendant will apply to whichever judge is hearing matters in the Superior Court,
Chancery Division - Family Part, County, at the County Courthouse
, New Jersey for an order to:
Continuation/Termination of Chi
ld Support
Motion for Reconsideration
Increase/Decrease Child Support payments
Enforce Litigants’ Rights
Increase/
Decrease Alimony payments
Emancipate a Child
Change Custody arrangements
Reimburse Medical
Expenses
Change Visitation arrangements
Change of Venue
Other (specify):
.
Save
Print
Clear
Revised 08/06/2020, CN 10483 (Form A - Notice of Motion) page 14 of 29
(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.
5.
Require the County Probation Division to adjust its records in accordance with
this order for Child Support account CS
, and reissue any orders of income
withholding if necessary;
6.
Or such other relief as the Court may deem equitable and just.
7.
I (check one) do do not want oral argument.
Date:
(Signature)
(check one)
Plaintiff
Defendant
If you requested oral argument do you need to request:
An interpreter
Yes
No
Language:
A disability accommodation
Yes
No
Accommodation:
s/
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 15 of 29
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.
• For a Motion for Relocation of Children: Why the court should grant your request to relocate the
child(ren).
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 16 of 29
• Miscellaneous Motions Governed by Court Rule 5:4-4: Why the court should take some other action in
your case not related to the above examples. Be as specific as possible in your request to the court.
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.
Revised 08/06/2020, CN 10483 (Form B - Certification in Support of Motion) page 17 of 29
Form B – Certification in Support of a Motion
Filing Attorney Information or Pro Se Litigant:
Name
NJ Attorney ID Number
Address
Daytime Phone
Cell Phone .
Email Address
.
Your Name .(check one) Plaintiff Defendant
Superior Court of New Jersey
Plaintiff, (Name as it appears in original caption)
Chancery Division-Family Part
County
v.
Docket Number
Civil Action
Certification in Support of a Motion
Defendant (Name as it appears in original caption)
I,
, of full age, hereby certify:
1.
I am the (check one) plaintiff defendant in this matter and I am filing this Certification in support of
my Notice of Motion to:
Continuation/Termination of Child Support
Motion for Reconsideration
Increase/Decrease Child Support payments
Enforce Litigants’ Rights
Increase/
Decrease Alimony payments
Emancipate a Child
Change Custody arrangements
Reimburse Medical Expenses
Change Visitation arrangeme
nts
Change of Venue
Other (specify):
.
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.
Date:
Signature
(check one)
Plaintiff
Defendant
Remember to attach all copies of exhibits, orders, case information statements, etc., to this form.
s/
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 18 of 29
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:
• The child support payments in this case are increased or decreased from $ a week to $ a
week;
• The custody status of the minor child is changed because it is in the best interest of the child;
• The parenting time/visitation time is increased from hours per week to hours per week;
• The alimony payments are to be increased or decreased from $ a week to $ a week;
• 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
Revised 08/06/2020, CN 10483 (Form C - Proposed Order) page 19 of 29
Filing Attorney Information or Pro Se Litigant:
Name
NJ Attorney ID Number
Address
Daytime Phone
Cell Phone .
Email Address
.
Your Name .(check one) Plaintiff Defendant
Superior Court of New Jersey
Plaintiff, (Name as it appears in original caption)
Chancery Division-Family Part
County
v.
Docket Number
Civil Action
Defendant.
(Name as it appears in original caption)
Order
(See Below)
THIS MATTER being opened to the court on Friday, , on a Notice of Motion to:
Continuation/Termination of Child Support
Motion for Reconsideration
Increase/Decrease Child Support payments
Enforce Litigants’ Rights
Increase/
Decrease Alimony payments
Emancipate a Child
Change Custody arrangements
Reimburse Medical Expenses
Change Visitation arrangements
Change of Venue
Other (specify):
.
filed by plaintiff defendant and
(leave blank, Judge will enter name of other party or their lawyer)
appearing on behalf of the (check one)
plaintiff defendant; and the court having read and considered the
certifications and other papers filed herein and h
aving heard the arguments and considered the arguments of the parties
and for good cause shown; It is now this
ORDERED THAT:
1.
The plaintiff defendant is hereby granted denied the following relief(s): (See step 5 on page 8)
a.
b.
c.
d.
(Attach additional sheets of 8.5” x 11" white paper if necessary.)
Additional Relief. (Leave these lines blank for the Judge).
2.
The
County Probation Division responsible for this matter shall make any adjustments to the
account (see Instruction for Form D) CS
, required by this order and reissue, if necessary,
any income withholding orders.
, J.S.C.
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 20 of 29
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).
Revised 08/06/2020, CN 10483 (Form D - Certification of Filing and Service) page 21 of 29
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
Court at the
Family Division Manager’s Office.
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.
(Name)
(Name)
(Certified Mail Number)
(Certified Mail Number)
(Address)
(Address)
(City, State & Zip Code)
(City, State & Zip Code)
(Name)
(Name)
(Certified Mail Number)
(Certified Mail Number)
(Address)
(Address)
(City, State & Zip Code)
(City, State & Zip Code)
Date:
(Signature)
(Type or print your name)
(check one)
Plaintiff
Defendant
s/
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 22 of 29
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).
Revised 08/06/2020, CN 10483 (Form E – Notice to Litigants) page 23 of 29
Form E - Notice to Litigants
If You Want to Respond to This Motion You Must Do So in Writing
This written response shall be by affidavit or certification. Affidavits and certifications are documents
filed with the court. In either document, the person signing it swears to its truth and acknowledges that
they are aware that they can be punished for not filing a true statement with the court. Affidavits are
notarized and certifications are not.
If you would also like to submit your own separate requests in a motion to the judge you can do so by
filing a cross-motion. Your response and/or cross-motion may ask for oral argument. That means you
can ask to appear before the court to explain your position. However, you must submit a written
response even if you request oral argument. Any papers you send to the court must be sent to the
opposing side, either to the attorney if the opposing party is represented by one, or to the other party if
they represent themselves. Two copies of all motions, cross-motions, certifications, and briefs shall be
sent to the opposing side.
The response and/or cross-motion must be submitted to the court by a certain date. All motions must be
filed on the Tuesday 24 days before the return date. A response and/or cross motion must be filed
fifteen days (Thursday) before the return date. Answers or responses to any opposing affidavits and
cross-motions shall be served and filed not later than eight days (Thursday) before the return date. No
other response is permitted without permission of the court. If you mail in your papers you must add
three days to the above time periods.
Response to motion papers sent to the court are to be sent to the following address: [Fill in the address of
the Family Division in the county where this motion was filed. A directory of Family Division offices
can be found at njcourts.gov]
Call the Family Division Manager's office (fill in phone number: ) if you have any
questions on how to file a motion, cross-motion or any response papers. Please note that the Family
Division Manager's office cannot give you legal advice.
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 24 of 29
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.
Revised 08/06/2020, CN 10483 (Form F – Statement for the County Probation Division) page 25 of 29
Form F - Statement for the ____________ County Probation Division
The following information is submitted in compliance with
New Jersey Court Rule 5:7-4.
Plaintiff’s name as it appears in the original caption, address and phone number.
Plaintiff’s employer’s name, address and phone number:
Defendant’s name as it appears in the original caption, address and phone number:
Defendant’s employer’s name, address and telephone number:
Child Support Account Number: CS .
Children’s names and address(es):
Child:
Child:
Child:
Child:
(Attach additional sheets of 8.5" x 11" white paper, if necessary.)
Type or print the name, date of birth, and Social Security Number of: (see instruction C)
Parent
:
DOB:
Social
Security #:
Parent
:
DOB:
Social Security #:
Child:
DOB:
Social Security #:
Child:
DOB:
Social Security #:
Child:
DOB:
Social Security #:
Child:
DOB:
Social Security #:
(Attach additional sheets of 8.5"x 11" white paper, if necessary.)
Type or print the driver’s license information (state and number) of the parent paying child support:
Type or print any professional license held by the parent paying child support, if known. For example:
doctor, lawyer, electrician, plumber, hairdresser:
Type or print health insurance provider’s name, address and policy number of the parent paying child
support:
How to Ask the Court to Change or Enforce an Order in Your Case
Revised 08/06/2020, CN 10483 page 26 of 29
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.
Revised 08/06/2020, CN 10483 (Form G – Letter to the Clerk of the Superior Court) page 27 of 29
Form G - Letter to the Clerk of the Superior Court
Filing Attorney Information or Pro Se Litigant:
Name
NJ Attorney ID Number
Address
Daytime Phone
Cell Phone .
Email Address
.
Your Name (check one) Plaintiff Defendant
Superior Court Clerk, Family Part.
(county)
(street address)
(city, state, zip code)
RE:
(Name of case, Plaintiff v. Defendant)
Docket Number:
-
(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.
Copies of these documents have been forwarded to
.
(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
s/
Revised 08/06/2020, CN 10483 page 28 of 29
Instructions for Acknowledgment of Personal Service (Form H)
ONLY use this form if you are personally delivering (serving) this motion on the opposing
party(ies).
The opposing party, upon whom you are personally serving the attached motion must complete their
own information on the Acknowledgement of Personal Service. You will need one Acknowledgement
of Personal Service form for each party that you are personally serving with this motion.
A. In the next lines, the person must write in their Name, Address, City, State & Zip Code on the lines
provided.
B. Have the opposing party sign and date the form. Make sure to inform them that by signing the form
they are acknowledging that they have received the attached Notice of Motion and Certification in
Support of the Motion; however, they are also acknowledging that their statements are true and if
any are false, they are subject to punishment.
Note that the signature acknowledging receipt of the attached motion must be notarized. The notary
public must enter their name, signature and date in the section marked Notary Public.
Revised 08/06/2020, CN 10483 (Form H - Acknowledgment of Personal Service) page 29 of 29
Form H - Acknowledgment of Personal Service
I hereby certify that I was personally served with an original of the attached Notice of Motion and the
original of the attached supporting Certification
in Support of Motion.
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.
Name
Address
City, State, Zip Code
Date
Signature
Type or print your name
Notary Public
Sworn and subscribed to
before me this day of , 20
Notary Public of New Jersey
Signature
s/
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