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The FM Motion NJ Family Court form serves as a crucial tool for individuals navigating post-judgment family law matters in New Jersey. Designed specifically for cases under the Family Court's jurisdiction, this multi-purpose motion packet allows parties to request changes or enforcement of existing court orders related to child support, alimony, custody, visitation, and more. It becomes particularly relevant in cases with an “FM” docket number, ensuring that litigants have a clear pathway to seek essential modifications or compliance from the other party regarding family obligations. Various motions encompassed within this packet include requests for adjustments to child support and alimony payments, alterations of custody or visitation arrangements, and opportunities for enforcement of litigants' rights. Additionally, individuals may file for child emancipation, reimbursement of medical expenses, or a change of venue, among other actions. The form emphasizes the importance of adhering to specific timelines and protocols for notifying other parties involved, ensuring that all documentation submitted aligns with court requirements. While self-representation is permissible, it is advised that individuals consider legal counsel to navigate the complexities of the family court system effectively. The guidance provided within this packet highlights not only the types of motions available but also the critical steps needed to prepare and submit them correctly.

Fm Motion Nj Family Court Example

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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Get Fm Motion Nj Family Court PDF Form

Form Characteristics

Fact Name Details
Purpose of the Form This form is used to request changes or enforcement of existing family court orders related to divorce and other family matters.
Applicable Cases The packet is designated for "FM" cases only. If your case number begins with "FD," you should not use this packet.
Types of Motions You can file various motions using this packet, including motions to change child support, alimony, custody, visitation, and more, all under R. 5:5-4.
Submission Requirements All forms must be completed in English. Required documents include signed orders and Case Information Statements.
Deadline for Notification Written notice of the motion must be served at least 24 calendar days prior to the hearing. If mailed, it should be dispatched 27 days in advance.
Legal Advice Limitations While court staff can provide some guidance on procedures, they cannot offer legal advice or opinions on case outcomes.

Guidelines on Utilizing Fm Motion Nj Family Court

Completing the FM Motion Nj Family Court form requires careful attention to detail and clarity in your requests. The following steps outline the process for filling out the form properly.

  1. Begin by reading the entire packet, including all instructions and definitions provided. Familiarize yourself with the terms and procedures to avoid mistakes.
  2. Gather all relevant documents, such as signed orders, judgments, and agreements. These documents will support your request and provide necessary context.
  3. Open the form and input your personal information at the top, including your name, address, and contact information. Ensure accuracy in this section.
  4. Clearly state the specific motion you are requesting. Use concise language to describe the change or enforcement you seek. Refer to the specific motion descriptions in the packet for guidance.
  5. Fill out any relevant additional sections related to your motion. Provide details that justify your request, such as changes in circumstances that have occurred since the original order.
  6. Include the date and time you want the motion to be heard by the court. Make sure it complies with the notice period mentioned in the instructions.
  7. Sign and date the form at the specified location to attest to the accuracy of the information provided.
  8. Make copies of all completed forms and supporting documents for your records and for the other party involved in the case.
  9. Send the original form and copies of supporting documents to the Family Court that issued the original order.
  10. Ensure you notify the other party of your motion by sending them a copy of the filed motion and informing them of the hearing date.

Once you have completed and submitted the form, the court will review your motion. Be prepared for the court hearing where you may need to present your case. Gather information and additional documentation that supports your request for the judge's consideration.

What You Should Know About This Form

What is the purpose of the FM Motion NJ Family Court form?

The FM Motion NJ Family Court form is designed for individuals seeking to ask the court to change or enforce an existing order related to their divorce or other family matters. It allows people to file specific types of motions, such as requests to modify child support, alimony, or custody arrangements. This form is intended for cases identified with an "FM" docket number and cannot be used for non-dissolution applications, which require a different process.

Who should use this packet, and who should avoid it?

This packet is specifically for individuals with “FM” docket numbers, meaning their cases involve dissolution of marriage, child support, or related family issues. Those with an “FD” docket number should not use this packet. Instead, they must follow the “FD” application process as detailed on njcourts.com. Additionally, if the only request involves payment processing through the Probation Division, the packet should not be utilized.

What motions can be filed using this packet?

This packet can accommodate a variety of motions, including requests to modify child support, alimony, and custody arrangements. It also covers motions to enforce litigants’ rights, seek reimbursement for medical expenses, request emancipation of a child, or change venue. If you need to file a cross-motion or request reconsideration of a previous order, this packet is also appropriate for that purpose.

What materials do you need to complete the FM Motion NJ Family Court form?

Before filling out the form, you should gather relevant documents, including signed orders, written agreements, Judgments of Divorce, and any other papers pertinent to your case. Familiarizing yourself with the definitions of terms used in the packet will also aid in accurately completing the forms. It is critical that all submissions to the court are in English.

What are the deadlines for filing your motion?

It is essential to notify the opposing party of the scheduled motion hearing at least 24 calendar days in advance if delivering the notice in person. If mailing the notice, the papers must be sent at least 27 days before the hearing to account for postal delivery times. The specific motion date outlined in your Notice of Motion (Form A) will guide you in determining your deadlines. Failing to adhere to these timelines could impact the consideration of your motion.

What should you expect if you represent yourself in court?

While you have the right to represent yourself, you may not receive special assistance from the court. The court staff can provide guidance on procedures, deadlines, and requirements but cannot offer legal advice or predict the outcome of your case. Ensuring you understand the rules and processes can help facilitate your experience. It is advisable to keep copies of all documentation and carefully follow instructions provided in the packet.

How can you ensure proper communication with the other party involved in the case?

When filing papers, it is crucial to deliver copies to the opposing party or their attorney. If the opposing party is unrepresented, send the documents directly to them. If mailing, it is recommended to use certified and regular mail to provide proof of service, which includes sending back a return receipt. This practice ensures clear communication and helps avoid disputes regarding whether the other party received the necessary documents.

Common mistakes

Filling out the FM Motion NJ Family Court form can be daunting, but avoiding common mistakes can simplify the process. One frequent error is not thoroughly reading the instructions before starting. Each section has specific requirements, and skipping this step can lead to incomplete or incorrect submissions. Take the time to familiarize yourself with all guidelines outlined in the packet.

Another pitfalls arise from failing to gather necessary documents before filling out the form. The instructions suggest having copies of signed orders, written agreements, and Judgments of Divorce on hand. Not having these materials can hinder your ability to provide complete and accurate information, ultimately slowing down the process.

Many people also overlook the importance of ensuring that their motion is appropriate for an FM case. This packet is specifically tailored for FM cases, which relate to divorce or other family matters. If your case begins with an “FD” docket number, using this packet will only complicate your situation further.

Another mistake found in the submissions is related to deadlines. Many individuals do not leave enough time to notify the other party about the upcoming motion hearing. According to the rules, you must provide at least 24 calendar days’ notice if sending by regular mail. Keeping track of these deadlines is crucial to avoid having your motion dismissed due to procedural errors.

Completing the notice of motion incorrectly is a common error as well. It’s essential to include the exact time and date of the scheduled motion hearing in the notice to the other party. Omitting this information can lead to confusion and make it difficult for the other party to prepare, potentially harming your case.

When it comes to following up on motions, many people mistakenly assume that once the paperwork is in, they can sit back and wait. Active participation in the process is vital. Check in with the court for updates to ensure no further actions are required on your part.

Additionally, neglecting to keep copies of all submitted documents can lead to unnecessary complications. Ensuring that you retain copies of everything related to your case can provide peace of mind and serve as a reference in future communications or hearings.

Finally, some individuals forget about the rules governing the language of submissions. It’s crucial to keep all complaints and motions in English, as the court cannot process documents in other languages. This requirement is often overlooked, but it is a vital aspect of ensuring that your paperwork is accepted without delays.

Documents used along the form

When preparing your motion using the FM Motion NJ Family Court form, you may find it necessary to complete additional documents to support your case. Each of these documents serves a specific purpose and can help ensure that the court has the information it needs to make an informed decision. Below is a list of common forms used alongside the FM Motion form.

  • Notice of Motion (Form A): This form informs the other party about the motion you are filing, including the date, time, and purpose of the hearing. Timely notification is crucial for a fair legal process.
  • Certification in Support of Motion: This document provides evidence and details that support your request to the court. It often includes facts and arguments that justify your motion.
  • Case Information Statement: This form outlines key details about your case, including financial information and any relevant history. It helps the court understand the context of your motion.
  • Proposed Order: After obtaining the desired results from the court, this document suggests how the court should formalize its decision. Clear direction could expedite the process.
  • Affidavit of Service: This form certifies that you have delivered copies of your motion and all accompanying documents to the other party. Documenting this step is essential for maintaining proper procedure.
  • Opposition Brief: If the other party contests your motion, they may file this brief to present their arguments against your requests. Understanding their position is crucial in preparation for the hearing.
  • Child Support Guidelines Worksheet: If applicable, this worksheet helps calculate the appropriate amount of child support under state guidelines. This document provides clarity on financial obligations.
  • Motion for Expedited Hearing: If your situation is urgent, this motion requests that the court address your needs sooner than the standard schedule. Prompt action may be necessary in critical cases.

Each of these documents plays a vital role in the court's consideration of your motion. It is essential to prepare them carefully and submit them on time to support your case effectively. A well-organized submission can make a notable difference in the outcome of your motion.

Similar forms

The FM Motion NJ Family Court form, designed for post-judgment motions in family law, shares similarities with several other legal documents used in family court proceedings. Here is a list of nine documents that closely relate to the FM Motion form, along with an explanation of how they connect:

  • Motion for Temporary Relief: This form allows individuals to request immediate action on issues like child support or custody during ongoing proceedings. Similar to FM Motion, it seeks swift judicial intervention in family matters.
  • Application for Modification of Support: Use this document to ask for a change in child support or alimony. Like the FM Motion, it addresses changing financial circumstances that affect support obligations.
  • Paternity Acknowledgment Form: This form establishes paternity and initiates support orders. It shares the goal of the FM Motion in addressing the welfare of children and financial support.
  • Custody Modification Request: This document requests a change to existing custody arrangements. It parallels the FM Motion as both are employed to modify court orders related to child custody and visitation.
  • Child Support Enforcement Motion: Similar to the FM Motion, this document is utilized to ensure compliance with existing child support orders when payment issues arise.
  • Relocation Request Form: If a parent wishes to move away with a child, this form initiates the request. Like the FM Motion, it seeks court approval for significant changes impacting child arrangements.
  • Notice of Motion: This companion document informs the other party of your request to the court, much like the notification requirements in the FM Motion for hearing scheduling.
  • Divorce Settlement Agreement: While it outlines the finalized terms of a divorce, modifications or enforcement of its provisions can be addressed through the FM Motion, highlighting similar purpose in court actions.
  • Cross-Petition for Parenting Time: This document allows for responses regarding parenting time disputes. Like the FM Motion, it involves petitions to address existing arrangements in a family dynamic.

Each of these documents has a specific role within family court proceedings, serving as a means to request changes, enforce orders, or address immediate necessities regarding family law matters.

Dos and Don'ts

When filling out the FM Motion NJ Family Court form, there are several important practices to follow and avoid. Not adhering to these tips could complicate your case or delay the hearing process.

  • Do read all instructions carefully before starting. Understanding the requirements is crucial.
  • Don't submit incomplete forms. Each section must be filled out accurately to avoid delays.
  • Do gather all necessary documents, such as signed orders and agreements, before beginning to fill out the forms.
  • Don't fail to notify the other party in writing about your motion. This communication is essential and must occur within the specified time frame.
  • Do keep copies of everything you file. Retaining copies of your paperwork can serve as a valuable reference later.
  • Don't overlook mailing deadlines. Be sure to send your motion well in advance to meet the 24 or 27 calendar day requirements.
  • Do use clear and concise language. The court must be able to easily understand your requests.
  • Don't expect the court staff to provide legal advice. They can assist with process questions but cannot guide your legal strategy.
  • Do consider consulting a lawyer, especially if your case has complexities that may benefit from professional guidance.

By paying attention to what to do and what to avoid, you can streamline your experience in Family Court and potentially increase your chances for a favorable outcome.

Misconceptions

  • Misconception 1: This form can be used for any family court matter.

    • This is incorrect. The Fm Motion NJ Family Court form is specifically for post-judgment motions in FM cases only. If your case starts with a "FD" docket number, you must follow a different process.

  • Misconception 2: I can complete this packet without gathering my case documents.

    • No. You must gather all relevant documents such as signed orders and agreements before you begin. This preparation is vital to filling out the forms correctly.

  • Misconception 3: I do not need to tell the other party about the motion before the hearing.

    • This is misleading. You must inform the other party in writing, including the scheduled time and date of the hearing. This notice is a critical requirement.

  • Misconception 4: If I send my motion by mail, it only needs to arrive by the hearing date.

    • Incorrect. You must send it at least 27 calendar days before the hearing to account for mailing time. This ensures the other party receives it in a timely manner.

  • Misconception 5: I can request a change of venue without a specific reason.

    • That is not true. You need to provide a valid reason for requesting a change of venue. The court will consider your justification before granting such a motion.

  • Misconception 6: Court staff will provide legal advice while I represent myself.

    • This is a common misunderstanding. Court staff cannot give legal advice or opinions about your case. You should seek a lawyer for any legal guidance you need.

  • Misconception 7: The packet can be used for motions that are not listed in the instructions.

    • This is misleading. While you can file some miscellaneous motions under Court Rule 5:5-4, you must ensure that the motion you are filing is appropriate for this packet.

Key takeaways

Here are some key takeaways for filling out and using the FM Motion NJ Family Court form:

  • Eligibility: Use this packet only if you have an existing court order related to family matters that you wish to change or enforce.
  • Non-eligible Cases: If your case has an “FD” docket number, do not use this packet. Follow the specific non-dissolution application process instead.
  • Types of Motions: A variety of motions can be filed using this packet, including those related to child support, alimony, custody, and visitation changes.
  • Communication: You must inform the other party in writing about your request for a motion, including the date and time of the hearing.
  • Deadlines: Ensure you send all necessary papers to the other party at least 24 days before your scheduled hearing date, or 27 calendar days if mailing.
  • Gather Documents: Before filling out the forms, collect any relevant signed orders, judgments, and agreements related to your case.
  • Language Requirement: All complaints and motions submitted to the court must be in English.
  • Remember to Keep Copies: Always make copies of all documents you submit for your own records.
  • Consider Legal Help: If possible, consult with a lawyer for guidance. If you cannot afford one, contact local legal services for assistance.

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