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The FM Motion NJ Family Court form, revised on September 3, 2013, serves as a comprehensive guide for individuals seeking to modify or enforce a court order related to family matters in New Jersey. This significant document is specifically designed for cases with an "FM" docket number, addressing various issues such as child and spousal support adjustments, custody and visitation rights, enforcement of litigants’ rights, emancipation of a child, medical expense reimbursement, change of venue, reconsideration of family court orders, relocation of children, and responding with a cross-motion. It explicitly advises against its use for cases beginning with "FD" docket numbers, which should instead follow the "Non-dissolution" Application Process. The packet includes a detailed breakdown of motions applicable, instructions spanning pages 7-15, and a glossary to demystify legal terms, aiming to arm petitioners with the necessary tools to effectively present their case. It also outlines the procedural expectations for notifying involved parties of the motion, emphasizing the importance of adhering to strict deadlines for submission and communication. This resource underscores the New Jersey Administrative Office of the Courts' commitment to assisting self-represented litigants, though it recommends seeking legal counsel for navigating the complexities of the court system. Additionally, the document provides a cautionary note about the limitations of court staff in offering legal advice, highlighting the autonomy expected from self-represented individuals while navigating their legal journey. The form emerges as an indispensable resource for those looking to adjust or enforce a family court order, demanding careful attention to its detailed guidelines and procedural requirements.

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Revised September 3, 2013

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?

Use this packet if you have an order from the court that you want to have changed or enforced in your divorce or you need to file a motion related to another Family Court Matter under R. 5:5-4. If your case begins with a “FD” docket number do not use this packet. You must follow the “FD” (Non dissolution) Application Process available at njcourts.com.

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

A Motion to Increase or Decrease Child Support payments (FM cases only)

A Motion to Increase or Decrease Alimony or Spousal Support payments. (FM Cases only)

A Motion to Change the Custody arrangements of a minor child (FM cases only)

A Motion to Change the Visitation/Parenting Time arrangements in your case (FM cases only)

A Motion to Enforce Litigants’ Rights. (This includes enforcing custody, visitation, child support and alimony or spousal support payment orders) (FM cases only)

A Motion for Emancipation of a Child (Termination of child support obligation) (FM cases only)

A Motion for Reimbursement of Medical Expenses (FM cases only)

A Motion for a Change of Venue (FM cases only)

A Motion for Reconsideration of a Family Court Order (FM cases only)

A Motion for Relocation of children (FM cases only)

A Cross-Motion responding to one of the Motions listed above.

Other Miscellaneous Family Court Motions governed by Court Rule 5:5-4

Please read page 2 for a description of the motions listed above.

DO NOT complete this packet if your court order requires payment of child support, alimony or spousal support directly to you and your only request is that these payments be made through the Probation Division. In this case, you should contact your county Family Division directly.

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What do you need to complete this packet?

Read all instructions on pages 7-15 before starting to complete the forms. Read the definition of terms on page 6 to help you understand the words used in this packet. Gather copies of any signed orders, written agreements, Judgments of Divorce, Case Information Statements, and papers that relate to your case, before starting to fill out the packet. This information is needed to complete the attached forms.

Note: Complaints, motions and other papers submitted to the court must be in English

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Descriptions of Motions That You Can File With This Packet

Motion to Increase or Decrease Child Support payments (FM only):

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.

Motion to Increase or Decrease Alimony payments (FM only):

If you are receiving alimony, you can file this motion to ask the court to increase the amount of alimony payments you are receiving. If you are paying alimony, you can use this packet to file a motion to ask the court to decrease the amount of alimony you have to pay.

Motion to Change the Custody Arrangements of a minor child (FM only):

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 its custody order.

Motion to Change Visitation/Parenting Time arrangements (FM only):

If a visitation and/or parenting time arrangement has been previously established in your case and you wish to change this arrangement, you can use this packet to ask the court to make a minor or major change to that arrangement.

Motion to Enforce Litigants’ Rights (FM only):

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 (FM only):

If you have been paying child support for your child and you think that your child is no longer entitled to receive child support, you can use this packet to request the court to end your support obligation. This motion is usually filed when the child turns 18 or is no longer a full time student, whichever is the last to occur.

Motion for Reimbursement of Medical Expenses (FM only):

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 Venue (FM only):

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.

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

A cross-motion is a motion filed by the party responding to the original motion. A motion may be filed in addition to the opposition to the original motion. The cross-motion asks the court to order something be done for the party responding to the original motion.

Motion for Reconsideration of a Previous Court Order (All Cases):

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 that made the decision you are requesting to be changed. You may also file an appeal

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in the Appellate Court within 45 days after the court has issued an order. That is a different process. Read the instructions about an appeal in the contained in this packet

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

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

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.

You must get the papers to the other person in the case or to his/her lawyer 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.

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 the current New Jersey statutes and court rules. The most recent version of the forms will be available at your county courthouse or on the Judiciary’s Internet site (njcourts.com). However, you ultimately are responsible for the content of your court papers.

Send completed forms to the Family Court that issued the order you are trying to

change or that last heard case. You will find all Family Court addresses on

njcourts.com.

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Things to Think About Before You Try to Represent Yourself in Court

Try to Get a Lawyer

The court system can be confusing and it is a good idea to get a lawyer if you can. 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 in your local yellow pages 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 association 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 things court staff can and cannot do for you.

We can explain and answer questions about how the court works.

We can tell you what the requirements are to have your case considered by the court.

We can give you some information from your case file.

We can provide you with samples of court forms that are available.

We can provide you with guidance on how to fill out forms.

We can usually answer questions about court deadlines.

We cannot give you legal advice. Only your lawyer can give you legal advice.

We cannot give you an opinion about what will happen if you bring your case to court.

We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service.

We cannot talk to the judge for you about what will happen in your case.

We cannot let you talk to the judge outside of court.

We cannot change an order issued by a judge.

Keep Copies of All Papers

Make and keep for yourself copies of any signed orders, written agreements, Judgments of Divorce, Case Information Statements, and other important papers that relate to your case.

Delivering Papers to the Correct People The instructions in this packet will tell you to mail or deliver 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 himself or herself, then you must send those copies to that person.

If you mail your papers, we strongly recommend that you send them both simultaneously by both certified and regular mail, with return receipt requested, to the other party. 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

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send things by certified mail, return receipt requested.

These Papers Are for Filing a Motion The word motion used in this packet means a written request in which you ask the court to change or enforce an order it has already made. The court will change an order only if important facts or circumstances have changed from the time the order was issued. This is different from an appeal. This packet can also be used to request other case related actions by the court. These requests must be specific to your individual case governed by Court Rule 5:5-4.

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.

If you want to file an appeal of a court order, do not use this packet of materials. Instead you should contact the Appellate Division in writing or by phone at:

Appellate Division, Superior Court,

Hughes Justice Complex

P.O. Box 006,

Trenton, NJ 08625-0006

Their telephone number is (609) 292-4822. The Appellate Division staff will provide you with information on how to file an appeal.

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Definitions of Some Words Used in This Packet

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 with the court, 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.

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

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.

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

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

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

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

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

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What You Need to Submit to the Court for Review and Decision

The numbered steps below tell you what forms you will need to fill out, and what to do with them.

Each form should be typed or clearly printed on 8 1/2" x 11" white paper only. Forms should not be filed on different size or color paper. Use only the forms included in this packet. Be sure to keep a copy for your records.

If you are filing a Motion to Increase / Decrease 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.

Step 1: Fill out the Notice of Motion (Form A)

The Notice of Motion form 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 njcourts.com. Look for “Calendar & Schedules”; look for miscellaneous; civil motion calendar; 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 may 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 (Form 10486)

The purpose of this form is to endure 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. Please complete the entire form, leaving no blank spaces. If something does not apply to you, enter “N/A”.

Step 4: Fill out the Certification (Form B)

On the Certification form, 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. 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 also called exhibits.

Step 5: Fill out the Proposed Order (Form C)

You should include in the Proposed Order all the things that you are asking the court for in your Notice of Motion. If the judge grants your motion after the hearing, the Proposed Order is the form the judge will sign. If the judge does not agree with everything you asked for, he or she may 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.

Step 6: Fill out the Certification of Filing and Service (Form D)

This step tells the court:

That you delivered or mailed by regular and certified mail, return receipt requested all the papers in your motion to the other party within the time required by the court rules for your motion; or

That you delivered or mailed by regular and certified mail, return receipt requested, all the papers in your motion to the other party's current lawyer, (if you know who the lawyer is), within the time required by the court rules for your motion; and

How you got the papers to the other party or to his or her current lawyer (if you know who the lawyer is). You must tell the court whether the papers were delivered in person or sent by regular and certified mail, return receipt requested.

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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. Your motion could be dismissed if your motion papers do not include the Notice to Litigants.

Step 8: (Only complete this step if your child support order is being administered through the Probation Division and you want to change that order.) Fill out the Statement for the

Probation Division (Form F)

You must fill out this form if you are filing a Motion to Increase or Decrease Child Support payments that are paid to or received through the Probation Division. The 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 or Decrease Child Support payments, do not complete this form, instead go directly to Step 8.

Step 9: Fill out the Case Information Statement (CIS)

If you are filing an FM/matrimonial 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. This means you will be attaching two CIS forms to your current motion. The two CISs tell the court your past financial status as well as your current status, and both must be attached to your Notice of Motion.

The Case Information Statement form can be obtained at njcourts.com. Download a copy of the Case Information Statement from the Judiciary website and submit it with this packet if you are requesting any change in the financial status of your case. Don’t forget to attach proof of your income (i.e., pay stubs, tax returns, etc.)

You need to make an extra blank copy of the CIS before filling it out, so you can include it in the packet of papers you mail or deliver to the other party. The other party must also complete a CIS and mail or deliver one completed copy back to you and one completed copy to the court.

If you have completed a CIS before in this case, attach a copy of it to the CIS you just completed,

and include it with your papers you are filing with the court.

Step 10: Fill out the Letter to the Clerk (Form G)

Complete the form letter addressed to the Clerk of the Superior Court, Attn: Family Division Manager (or the name of the county). You must include with this letter a $30 check or money order (FM cases only) payable to the Treasurer, State of New Jersey, and a stamped return envelope addressed to yourself. Do not send cash. All other case types (FD, FV, etc.) do not require a filing fee. You must include a stamped, return envelope addressed to yourself. This letter must be the first page of the packet of papers that you file with the court.

Step 11: Check your completed forms.

Check your forms and make sure they are complete. Remove all instruction sheets before submitting to the court. Make sure you have signed the forms wherever necessary.

Step 11: Mail or deliver your package of completed papers to the court and the other party in the case.

Keep one copy of the entire packet for your own records. Follow the guidelines below on how to mail or deliver your completed forms. You must prove to the court that the other non-filing party has been served with your papers.

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.

•$30 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.

•Stamped return envelope addressed to yourself for the court order that will be mailed to you (if you did not select oral argument)

•Notice of Motion.

•Certification.

•Any papers to support your motion (called exhibits), including all prior orders.

•Proposed Order.

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•Certification of Filing and Service.

•Notice to Litigants.

•Statement to the Probation Division, if required (See Step 7).

•Previous Case Information Statement (CIS) and a current CIS, if applicable.

Final Steps

•Make 3 copies of the entire packet of the completed forms, and 2 extra copies of the proposed order.

•Mail or deliver the following items to the court:

•The original and one copy of all the forms; and

•Two extra copies of the proposed order.

•Mail or deliver one copy of the entire packet of completed forms to the other party or his/her current lawyer, if known.

REMINDER: Keep one copy of the entire packet for your own records.

You can deliver the forms to court in person or you can mail them. If you are mailing the papers, 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.

Attention: 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 or deliver one copy of the entire packet to the Social Services agency providing public assistance.

Mail or deliver one copy of the Probation Statement to the county Probation Division if you are filing a Motion to Increase or Decrease Child Support and/or Alimony or Spousal Support payments and those payments are monitored through the county Probation Division.

Deadlines

You must get the motion papers to the other person in the case or to his or her 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.

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Document Attributes

Fact Name Description
Purpose of FM Motion Packet Designed to help individuals request a change to, enforce an order in, or take another related action regarding their Family Court case.
Applicability Applicable for cases with a "FM" docket number, specifically involving changes or enforcement of divorce or other Family Court matters under Rule 5:5-4. Not for "FD" (Non dissolution) cases.
TYPES OF MOTIONS INCLUDED Includes motions to modify child support, alimony, custody, visitation, enforce litigants' rights, emancipation of a child, reimbursement for medical expenses, change of venue, reconsider a Family Court Order, motions for relocation of children, and cross-motions.
Governing Law Court Rule 5:5-4 governs the applicable motions, procedural requirements, and other miscellaneous Family Court motions not explicitly mentioned but requiring court consideration.
Important Deadlines Notices for motion hearings must be provided to the other party, including timing and dates, at least 24 calendar days before the hearing, or 27 days if by mail, to account for delivery time.
Preparation Advice Advises gathering relevant documents like court orders, written agreements, and divorce judgments before filling out forms. Emphasizes that complaints, motions, and papers must be in English.
Self-representation and Legal Help Encourages seeking a lawyer if possible, with guidance for accessing legal services for those who cannot afford one. Also outlines what court staff can and cannot do to assist self-represented litigants.

How to Fill Out Fm Motion Nj Family Court

Filing a motion in New Jersey Family Court, specifically using the FM Motion, is a crucial step for individuals seeking changes or enforcement of orders related to family matters post-divorce or within the realm of family law. This process allows for petitions to the court for a variety of modifications or enforcement actions, such as alterations in child support, custody arrangements, alimony, and more. Before embarking on this legal journey, it's important to understand not only the specifics of the motion you wish to file but also the procedural requirements laid out by the New Jersey Family Court system. Gathering pertinent documents and reading through the provided instructions will set a foundational knowledge, ensuring the process is correctly navigated.

Steps Needed to Fill Out the FM Motion NJ Family Court Form

  1. Begin by reading through the entire packet provided by the New Jersey Administrative Office of the Courts, paying special attention to the definitions of terms on page 6, which may clarify legal language utilized in the form.
  2. Gather all required documents related to your case. This includes any court orders, written agreements, Judgments of Divorce, Case Information Statements, and relevant papers. These documents will provide necessary information throughout the form.
  3. On the first page of the FM Motion form, fill out your personal information, including your name, address, and your relationship to the case. Also, ensure you include the docket number associated with your case.
  4. Specify the type of motion you're filing by checking the appropriate box corresponding to your request, such as modifying child support or custody, enforcing orders, or any other action stated in the packet. This step is critical as it directs the court on what decision you are seeking.
  5. Provide detailed information supporting your motion. This includes the reasons for your request, any changes in circumstances since the last court order was issued, and why the court should grant your motion. It's essential to be clear, concise, and factual in this section.
  6. Attach any supporting documents that lend weight to your arguments. This may include financial statements, communication logs, or other relevant evidence that backs up your claims.
  7. After filling out the form, review all sections carefully to ensure accuracy and completeness. Mistakes or omissions could delay the processing of your motion or affect the outcome.
  8. Sign and date the form in the designated areas. By signing, you affirm that all information provided is true to the best of your knowledge.
  9. Make copies of the completed form and any attached documents. You will need to serve these papers to the other party involved in your case, as well as submit them to the court.
  10. Finally, submit the original motion form along with any additional documents to the appropriate Family Court that processed the original order you seek to change or enforce. Your form needs to be delivered to the court by the deadline specified in the instructions to ensure your motion is heard.

After your motion has been filed, you will receive a notice of the hearing date. On this date, both parties will have the opportunity to present their arguments, and the judge will make a decision regarding your motion. It's advisable to prepare thoroughly for this hearing, considering the possibility of obtaining legal counsel or seeking guidance from legal aid services if necessary. Remember, the outcome of your motion can significantly affect family dynamics and responsibilities, making it imperative to approach this process thoughtfully and deliberately.

More About Fm Motion Nj Family Court

  1. Who is eligible to use the FM Motion NJ Family Court form packet?

    This packet is specifically designed for individuals who wish to request a modification, enforcement, or other actions related to an existing court order in divorce cases or other family court matters classified under the "FM" docket. If your case is labeled with an "FD" docket number, indicating Non-Dissolution matters, you should not use this packet and instead follow the FD Application Process provided on the New Jersey Courts website.

  2. What types of motions can be filed with this packet?

    • Motion to increase or decrease child support payments
    • Motion to increase or decrease alimony payments
    • Motion to modify custody arrangements
    • Motion to modify visitation/parenting time
    • Motion to enforce litigants' rights for existing orders
    • Motion for child emancipation
    • Motion for reimbursement of medical expenses
    • Motion for a change of venue
    • Motion for reconsideration of a previous family court order
    • Motion for relocation of children
    • Cross-motion in response to any of the above

    These motions are governed by Court Rule 5:5-4, pertaining to various family court proceedings.

  3. What documentation is required to complete the packet?

    Before starting your application, you need to gather all relevant documents including any court orders, written agreements, judgments of divorce, Case Information Statements, and any other paperwork related to your case. It's essential to review and understand each document as they are necessary for filling out the forms correctly.

  4. How should complaints, motions, and other documents be submitted?

    All submissions to the court, including this motion packet, must be in English. Carefully complete each form according to the provided instructions, ensuring all information is accurate and legible.

  5. What deadlines exist for filing and serving motions?

    You're required to inform the other party of your motion and the motion hearing date in writing. This notification must include the specific time and date of the hearing. Documents must be delivered to the other party or their attorney at least 24 days before the scheduled court hearing. If mailing documents, send them at least 27 days in advance to accommodate for postal delivery times.

  6. Can I represent myself with this packet?

    Yes, this packet is designed for self-represented litigants. However, it's highly recommended to seek legal advice or representation if possible. Free legal services or a lawyer referral service in your county can provide assistance if you are unable to afford an attorney. Representing yourself means you'll receive no special treatment or assistance from court staff beyond general guidance and cannot expect legal advice.

  7. What should I expect if I choose to represent myself?

    Self-representation requires understanding that you are bound by the same rules and procedures as an attorney. Court staff can offer procedural guidance but cannot give legal advice, opinions, or influence the judge. Prepare by familiarizing yourself extensively with your case, court rules, and the completion of this packet.

  8. How do I serve the motion to the other party?

    If the other party has legal representation, you should send copies of all documents to their lawyer. If the other party does not have a lawyer and is self-represented, send documents directly to them. For proof of service, use both certified and regular mail with return receipt requested. This ensures you have evidence that the other party received the documents.

  9. Where should completed forms be sent?

    Completed forms must be sent to the Family Court that issued the original order you're seeking to modify or enforce. You can find the addresses for all Family Courts on the New Jersey Courts website. Ensuring your forms are sent to the correct location is crucial for your motion to be considered and processed by the court.

Common mistakes

When individuals attempt to complete the FM Motion NJ Family Court form, several common mistakes can lead to delays or issues with their motion being properly evaluated by the court. These mistakes are important to avoid for the smooth processing of one's petition:

  1. Using the packet for cases with a "FD" docket number. This packet is not designed for "FD" cases, which require a different application process as set forth by New Jersey courts.

  2. Not including the required supporting documentation. Copies of signed orders, written agreements, Judgments of Divorce, Case Information Statements, and relevant papers must be gathered and submitted with the form.

  3. Failure to meet the deadline for notifying the other party. The motion must be communicated to the other party at least 24 calendar days before the scheduled court hearing, or 27 days if sent by mail to allow for postal delivery.

  4. Not checking if the motion type is permitted under the FM case designation. The form is specifically designed for certain types of motions related to family matters, and using it for unauthorized purposes can lead to its rejection.

  5. Inaccurately completing the forms. Incorrect information or leaving sections blank can significantly impact the court's ability to process the request fully.

  6. Attempting to use the packet for initiating payments through the Probation Division when direct payments are stipulated. This packet should not be used if the motion exclusively regards changing the method of payment reception.

  7. Misunderstanding the packet’s purpose for altering existing orders rather than issuing new complaints. This packet is meant for modifying or enforcing existing orders, not for filing new complaints.

  8. Failing to follow the court’s guidelines for submissions, including the requirement for all documents to be submitted in English.

  9. Omitting to send completed forms to the correct Family Court that issued or last heard the case, which is crucial for proper filing and proceeding with the case.

Additionally, individuals often overlook the importance of:

  • Seeking legal advice when needed. The court system can be complex and obtaining guidance from a lawyer could provide significant advantages.

  • Effectively serving the other party with the motion, which includes both certified and regular mail for proof of delivery.

  • Retaining copies of all submitted paperwork and any correspondence related to the case for personal records. This can be critical for referencing past submissions or for future legal proceedings.

By avoiding these common errors and taking careful steps to comply with all required procedures, individuals can ensure that their motion is properly presented to the NJ Family Court for consideration.

Documents used along the form

When dealing with the complexities of the family court system, especially in New Jersey, it's essential to have the right documentation. The FM Motion NJ Family Court form is a critical tool for those seeking post-judgment actions such as modifying or enforcing an order related to child support, custody, alimony, etc. However, this form is often just the starting point. Several other forms and documents may need to accompany your FM Motion to ensure your case is thoroughly presented and all your legal bases are covered. Here's a concise outline of these additional documents, each playing a vital role in the family court process.

  • Case Information Statement (CIS): This document provides a comprehensive overview of the financial status of the parties involved. In cases where financial support or division of property is concerned, a CIS helps the court make informed decisions.
  • Certification of Insurance: A form that lists all insurance policies in effect, including health, life, automobile, and homeowners' insurance, which may be relevant in divorce and custody matters.
  • Parenting Time Plan: For cases involving child custody or visitation, this document outlines the proposed schedule and arrangements made by the parents.
  • Notice of Motion: This is a formal notice to the court and the other party of your intent to seek a court order, detailing what you are asking for and why.
  • Certification of Notification of Complementary Dispute Resolution Alternative: Indicates that the parties have been informed of alternative dispute resolution methods, such as mediation, as a potential means to resolve their issues.
  • Child Support Guidelines Worksheet: Used to calculate the appropriate amount of child support based on the parents' financial information and the needs of the child.
  • Order to Show Cause: A document used in urgent situations that asks the court to take immediate action before the other party can respond.
  • Proof of Service: This certifies that all required documents have been properly served to the other party, ensuring they are informed of the motion and hearing dates.
  • Financial Statement for Summary Support Actions:

Efficiently navigating family court requires not just filling out the right forms but understanding how each one impacts your case. Whether you’re seeking to modify an existing order, enforce an agreement, or address another family law matter, these documents collectively build a foundation for your motion, helping articulate your position clearly and compellingly. Remember, while this list covers commonly required documents, the specifics of your situation may necessitate additional forms. Always consult court rules or seek legal guidance to ensure you're fully prepared for your family court proceedings.

Similar forms

  • The FM Motion NJ Family Court form is similar to a Motion to Modify Child Support form, found in various jurisdictions outside of New Jersey. Both forms are designed to facilitate requests to the court to increase or decrease child support payments based on changes in circumstances, demonstration of need, or evidence of a change in the financial situation of one or both parents.

  • It also resembles a Motion for Modification of Alimony form. This type of document is used to ask a court to reconsider alimony or spousal support orders post-divorce, similar to the FM Motion in New Jersey Family Court which allows for increasing or decreasing alimony payments based on shifts in financial stability, employment status, or living expenses of the ex-spouses.

  • A Petition for Change of Custody form, used in various family law courts, is comparable as well. These petitions and the FM Motion both serve the purpose of requesting a review and potential revision of child custody arrangements. They are utilized when a parent believes that a change in living situations, parental behavior, or the child’s needs justify a modification of the existing custody order.

  • Similar to the Application for Enforcement of Order form, the FM Motion NJ Family Court form includes a component for enforcing litigants' rights. Both types of documents are tools for individuals seeking to compel compliance with previously issued court orders related to family law matters, such as child support, alimony, and custody, ensuring that all parties adhere to their legal obligations.

Dos and Don'ts

When filling out the FM Motion for New Jersey Family Court form, it is important to approach the process with care and attention to detail. Below are lists of things you should and shouldn't do to ensure accuracy and a greater chance of success in your filing.

Things You Should Do

  1. Read all instructions in the packet thoroughly before starting to fill out the forms. This ensures you understand what is required and how to correctly fill out the forms.
  2. Gather copies of any relevant documents such as signed orders, written agreements, Judgments of Divorce, Case Information Statements, and any other papers that relate to your case. These documents are necessary for accurately completing the forms.
  3. Ensure that all written communications and submissions to the court are in English, as this is a requirement. If translation is needed, make arrangements beforehand to have documents accurately translated.
  4. Meet all deadlines for sending the motion to the other party and for filing with the court. This includes sending the papers at least 24 calendar days before the motion is scheduled to be heard, or 27 days if mailing, to account for delivery time.
  5. Deliver or mail copies of your motion and related papers to the appropriate Family Court that issued the original order you are seeking to change or enforce or that last heard your case, following the New Jersey courts' guidelines for service of process.

Things You Shouldn't Do

  1. Do not use this packet if your case begins with a “FD” docket number. Instead, follow the “FD” (Non-dissolution) Application Process as outlined by the New Jersey courts.
  2. Avoid skipping the step of reading the definition of terms provided in the instructions. Understanding the terminology used in the packet is crucial for accurately completing the forms.
  3. Do not leave sections of the form blank that apply to your situation. Incomplete forms can lead to delays or dismissal of your motion. If a section does not apply, indicate with “N/A” (not applicable).
  4. Refrain from contacting the court or the judge for legal advice or opinions on what to do in your case. Court staff and judges cannot provide legal advice or predict outcomes.
  5. Avoid serving the other party or their attorney improperly with your motion papers. Follow the recommended method of simultaneously sending them by both certified and regular mail with return receipt requested, ensuring proof of service.

Adherence to these dos and don'ts can facilitate a smoother process in submitting a Family Multi-Purpose Post-Judgment Motion in New Jersey Family Court and can help in achieving the best possible outcome for your situation.

Misconceptions

When dealing with the FM Motion NJ Family Court form, individuals often encounter misconceptions about its use and requirements. Understanding these misconceptions is crucial for successfully navigating family court proceedings.

  • Misconception 1: The FM Motion form can be used for any family court matter.

    • This is incorrect. The FM Motion is specifically designed for post-judgment actions in divorce cases or other family-related issues under R. 5:5-4. It is not suitable for cases with an “FD” docket number, which are handled through a different process.

  • Misconception 2: You can use this form to have child support, alimony, or spousal support payments made directly to you through the Probation Division.

    • This statement is misleading. If the court order requires such payments to be made directly to an individual, this form should not be used. Instead, one should contact the county Family Division directly for guidance on handling these payments.

  • Misconception 3: The motion can only be used for increasing or decreasing payments.

    • While modifications of child support or alimony payments are common reasons for filing an FM Motion, the form also allows for a wide range of other actions. These include changes to custody or visitation arrangements, enforcing litigants' rights, emancipation of a child, and more.

  • Misconception 4: There's no deadline for filing an FM Motion.

    • There are specific deadlines for notifying the other party about the motion hearing, which include providing notification at least 24 calendar days before the scheduled court date. If mailing is involved, an additional three days are required for a total of 27 calendar days to account for delivery time.

  • Misconception 5: If you represent yourself, the court will assist you throughout the process.

    • The court system can be complex, and while court staff can provide general information and guidance on filling out forms, they cannot offer legal advice or predict the outcome of a case. It's always recommended to seek legal representation when possible.

  • Misconception 6: One form fits all situations.

    • Each motion requires specific information and attached documentation relevant to the request. Filling out the form without reviewing the instructions and including the necessary attachments and evidence will likely result in delays or the denial of the motion.

Understanding these misconceptions and approaching the FM Motion with accurate knowledge can help individuals better navigate the complexities of New Jersey's family court system, ensuring they follow the correct procedures and submit the required information for their particular cases.

Key takeaways

  • The Family – Multi-Purpose Post-Judgment Motion Packet is specifically designed for individuals looking to request changes or enforcement of an existing court order related to family matters in NJ. However, it explicitly excludes cases with a “FD” docket number, which require a different application process.

  • Before completing the FM Motion NJ Family Court form, it is essential to gather all relevant documents, such as signed orders, written agreements, Judgments of Divorce, and Case Information Statements. These materials are crucial for accurately filling out the forms and supporting your motion.

  • A variety of motions can be filed using this packet, addressing issues like child support, alimony, custody arrangements, and more. It is pertinent to use this packet for applying changes or requesting the enforcement of such orders by the court, provided they fall under the stipulated categories like FM cases only.

  • Submitters must adhere to strict deadlines when filing a motion. Notices must be dispatched to the opposing party or their attorney at least 24 calendar days before the scheduled motion hearing. If mailing is chosen as the mode of delivery, documents should be mailed at least 27 days in advance to account for the three-day allowance for mail processing.

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