Article Structure
The Form 4-11, also known as the Petition for Modification of an Order of Support, serves as an important legal document employed in the Family Court of New York. This form is designed for parties seeking to modify existing child support orders, reflecting potentially significant changes in circumstances since the original order was issued. It requires the petitioner to provide detailed information regarding their relationship to the child or children in question, as well as the address of both the petitioner and the respondent. The form encompasses critical sections where the petitioner must outline previous court orders, including dates and specific terms, and delineate the reasons for requesting a modification. Common grounds for modification cited within the form may include a substantial change in either party’s income or a passage of three years since the last modification. Additionally, the 4-11 outlines essential information about the children affected by the order—such as their names, addresses, and birth dates—providing a complete picture of the support situation. It further calls for a declaration regarding whether previous applications for modifications have been made or if there are existing proceedings elsewhere. Equipped to navigate the complexities of child support regulations, this form is a crucial tool for individuals aiming to ensure that support payments remain fair and appropriate based on their current circumstances.
4 11 Example
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F.C.A. §§ 440, |
Form |
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466, 467, S.S.L. § |
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[NOTE: Personal Information Form |
Modification) |
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containing social security numbers of parties and |
10/2016 |
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dependents, must be filed with this Petition] |
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FAMILY COURT OF THE STATE OF NEW YORK |
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COUNTY OF |
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.................................................................................... |
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In the Matter of a Proceeding for Support |
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Under Article 4 of the Family Court Act |
Docket No. |
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(Commissioner of Social Services, Assignee, |
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on behalf of |
, Assignor) |
PETITION FOR |
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MODIFICATION OF AN ORDER |
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OF SUPPORT MADE BY |
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Petitioner, |
☐FAMILY COURT |
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☐ANOTHER COURT |
(Assignor)
Respondent.
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TO THE FAMILY COURT:
The undersigned Petitioner respectfully shows that:
1.a. I am [check box]: □ an individual and am related to the child(ren) as follows [specify]:
and I reside at [specify]:1
□ assignee agency, which has its place of business at [specify]:
b. Respondent resides at [specify]:2 |
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2.a. I was the □ petitioner □ respondent in an action instituted in the
□ Supreme Court of the State of New York, [specify county]: |
County |
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□ Other Court [specify other court]: |
Court of |
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b. The action was named [specify]: |
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Index/Docket No. [specify]: |
Respondent was □ petitioner □ respondent in the action. |
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1Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an
unreasonable health or safety risk. SEE Family Court Act
2 Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. SEE Family Court Act
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3. a. A □ judgment □ order, dated |
, was entered in the action directing the |
□ Respondent □ Petitioner to [specify terms]: |
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A true copy of the □ judgment □ order is attached and made a part of this Petition. |
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b. An order of support dated |
, was entered directing the □ Respondent |
□ Petitioner to [specify terms]: |
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A true copy of the □ judgment □ order is attached and made a part of this Petition.
4. The names, addresses and dates of birth of all children affected by this order are:
CHILD’S NAME
ADDRESS3
DATE OF BIRTH
5. a. Under the terms of the □ judgment □ order, the □ Supreme Court □ Other Court
[specify]:has not retained exclusive jurisdiction to modify the □ judgment □ order. b. [Check if applicable]: □ The other Court is a court of competent jurisdiction outside the
State of New York.
6.(Upon information and belief) I have standing to seek a modification of child support because, since the entry of the □ judgment □ order,
[check applicable box]:
□ there has been a substantial change of circumstances in that [specify]:4
3Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an
unreasonable health or safety risk. SEE Family Court Act
4 If incarceration is the basis for alleging substantial change in circumstances, so state and indicate whether or not the incarceration resulted from a charge and/or conviction for nonpayment of child support or an offense against the custodial parent or child who is the subject of the child support order. SEE Family Court Act §451(2)(a); Domestic Relations Law §236B(9)(b)(2)(i).
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□Unless the parties have specifically agreed otherwise in a validly executed agreement or stipulation, three years have passed since the order was entered, last modified or adjusted. [NOTE: This ground only applies to original or modified support orders entered on or after October 13, 2010].
□Unless the parties have specifically agreed otherwise in a validly executed agreement or stipulation, there has been a change in either party’s gross income by fifteen percent or more since the order was entered, last modified or adjusted. [NOTE: This ground only applies to original or modified support orders entered on or after October 13,
2010]. The basis for this allegation is as follows [specify]:
7.The □ judgment □ order should be modified as follows [specify]:
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8.[Delete if inapplicable]: I did not make an application earlier for relief from the □ judgment
□order directing payment prior to the accrual of arrears because (s)[specify reason(s)]:
9.[Applicable to individual petitioners; if agency, skip to ¶10]: check a box only if applicable]: I am hereby applying for child support services from the Support Collection Unit (the
program pursuant to Title
□ I have already applied for child support services from the Support Collection Unit (the
program pursuant to Title
□ I do not need to apply now because I have continued to receive child support services after
the public assistance or care case, or foster care case, for my family has closed.
□I do not wish to apply for child support services.
□I am not eligible to apply for child support services because I am petitioning for spousal
support only.
10.No previous application has been made to any judge or court, including a Native American tribunal, or is presently pending before any judge or court, for the relief requested in this petition (except
WHEREFORE, I respectfully request that the □judgment □ order of the □ Supreme
Court □ Other Court [specify]: |
, dated |
, be modified as set forth above |
and for such other relief as the Court may deem just and proper. |
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NOTE: (1) COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDING COMMENCED BY THIS APPLICATION (PETITION) SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN
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LIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO BE HEARD BY THE COURT AND TO PRESENT EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN OF THE FAMILY COURT ACT, KNOWN AS THE CHILD SUPPORT STANDARDS ACT.
(2)A PARTY SEEKING SUPPORT FOR ANY CHILD(REN) RECEIVING FAMILY ASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN
(3)WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY
CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTION FOUR HUNDRED
___________________________________
Dated:Petitioner
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Print or type name
___________________________________
Signature of Attorney, if any
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Attorney’s Name (Print or Type)
___________________________________
___________________________________
Attorney’s Address and Telephone Number
Form Characteristics
| Fact Name | Description |
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| Governing Laws | This form is governed by the Family Court Act sections 440, 442-447, 449, 451, 461, and 466-467, along with section 111-g of the Social Services Law. |
| Purpose | The Form 4-11 is a petition for modifying an existing support order, ensuring that the needs of the child or children remain adequately addressed. |
| Filing Requirements | Personal Information Form 4-5/5-1d must accompany this petition if it contains social security numbers of involved parties. |
| Modification Grounds | Modifications may be sought due to substantial changes in circumstances, including changes in income or other relevant factors since the last order. |
| Jurisdiction | The form allows for petitions to be modified either by the Family Court or another court of competent jurisdiction, provided certain requirements are met. |
| Privacy Considerations | Address confidentiality can be requested if disclosing it may pose an unreasonable health or safety risk, as per Family Court Act §154-b. |
| Support Collection Unit | Individuals applying for child support services must indicate their request on the petition, while agencies have separate protocols. |
| Time Frame for Adjustments | A cost-of-living adjustment for support orders can typically occur 24 months after the order is issued or modified, upon request. |
| Prior Applications | No prior application for the relief requested may be pending in any court, including Native American tribunals, when filing this petition. |
Guidelines on Utilizing 4 11
Filling out the 4-11 form is a straightforward process. This form is crucial for petitioning the court for a modification of an existing support order. It is essential to provide accurate information to facilitate the court's review. Following that, the completed form must be submitted to the relevant court for consideration.
- Start by entering the county where you are filing the petition at the top of the form.
- Fill in the docket number, which is often assigned by the court, and list whether the original case was from Family Court or another court.
- Specify if you are the petitioner or respondent and provide the necessary details about your relationship to the child or children involved.
- Indicate the address of the respondent and your own address, unless confidential order provisions apply.
- Detail the previous action, including the court involved and the index or docket number of that case.
- Attach a true copy of the judgment or order that you want to modify and describe its terms clearly.
- List the names, addresses, and birthdates of all children affected by the support order.
- Indicate whether the original order allows for modification and if the other court has been designated as a court of competent jurisdiction outside of New York.
- Provide specific details about the substantial change in circumstances since the original order. This may include changes in income or other relevant factors.
- Specify how you wish to modify the support order in detail.
- If applicable, provide reasons for not applying for modification sooner.
- Indicate if you are applying for child support services through the Support Collection Unit, and check any boxes that apply to your situation.
- Confirm that no previous application for the same relief is currently pending in any court or tribunal.
- Sign and date the form at the bottom, providing your name and attorney's name if you have legal representation.
What You Should Know About This Form
What is the purpose of the 4-11 form?
The 4-11 form serves as a Petition for Modification of an Order of Support in New York. You use this form when there is a need to change existing child or spousal support payments. It allows individuals or agencies to formally request a review of the current support order due to changes in circumstances.
Who is eligible to file a 4-11 form?
Any individual who has been involved in a prior support order can file this form. This includes either the petitioner or the respondent from the earlier case. Agencies assigned to collect support payments can also submit the form on behalf of a child or custodial parent.
What information is required to complete the 4-11 form?
You must provide personal details, including the names and birth dates of affected children. The form requires information about the existing support order, the parties involved, and any relevant changes in circumstances that justify the modification. Additionally, details about previous applications or court actions related to support payments should be included.
How does one establish a change in circumstances?
A substantial change in circumstances can be demonstrated in several ways. This includes evidence of an increase or decrease in income of either party, or a change in financial needs due to life events such as job loss, significant illness, or changes in the cost of living. It’s essential to explain and substantiate these changes in the petition.
What happens after filing the 4-11 form?
After submitting the 4-11 form, the court will review the request for modification. A hearing date may be set, where both parties can present their case. The judge will consider the evidence and make a ruling on the modification request, either granting or denying it based on the merits presented.
Is there a fee associated with filing the 4-11 form?
Generally, there may be filing fees associated with submitting the 4-11 form. However, the exact amount can vary by county. Some individuals may qualify for a fee waiver based on their financial situation. It's advisable to check with the local Family Court for specific details.
Can modifications be requested more than once?
Yes, modifications can be requested multiple times as long as there is legitimate grounds for the changes. Each request must be substantiated with valid reasons demonstrating ongoing changes in circumstances affecting support obligations.
Common mistakes
Filling out the Form 4-11 can be a daunting task, and mistakes are common. One prevalent error is failing to provide accurate personal information. This includes incorrect names, addresses, or dates of birth. It's crucial to double-check this information as errors may result in delays or complications in the modification process.
Another mistake is not checking the correct box regarding the petitioner status. Applicants must identify themselves as either the petitioner or respondent accurately. Mislabeling oneself can lead to misunderstandings and may disrupt the case proceedings.
Many individuals forget to attach necessary documents. A true copy of any relevant judgment or order must be included with the petition. Omitting these documents can result in a dismissed petition, requiring the applicant to start over.
Neglecting to specify the terms of the support order is also a common error. It’s essential to outline how the existing order should be modified clearly. Providing vague descriptions can lead to confusion, and the court may not make the desired changes.
Applicants often overlook the section concerning changes in circumstances. If there has been a substantial change in financial status, this must be clearly stated. The judge needs specific details to understand how the situation has changed since the last order.
Inaccurate completion of the section regarding children's information is another frequent mistake. All affected children's names, addresses, and birth dates must be correctly documented. Incomplete or incorrect information here can complicate the court's understanding of the case.
Some fail to check the box indicating whether an application for child support services is desired. This choice must be clear; otherwise, it can confuse the administration during processing.
Individuals might also omit details about previous actions taken in court. It's vital to provide a complete history of related cases. Failing to do so can lead to complications and may hinder the requested modifications.
Another error is not being aware of confidentiality orders regarding address disclosure. If there's a protective order in place, it should be noted to avoid disclosing sensitive information that could put someone at risk.
Finally, applicants sometimes neglect to clarify the grounds for modification adequately. Simply stating that there has been a change is not enough. Providing the specifics helps to ensure that the court fully understands the circumstances and can act accordingly.
Documents used along the form
When filing a Petition for Modification of Support using the 4 11 form, several additional forms and documents may be relevant to the process. These documents help provide necessary information and context for the court’s review. Here is a list of commonly associated documents.
- Personal Information Form (Form 4-5/5-1d): This form includes essential details such as social security numbers of the parties involved. It must be submitted together with the support petition to maintain confidentiality and personal data security.
- Order of Support: This document outlines the specific terms and conditions of child or spousal support previously established by the court. It serves as a reference point for any proposed modifications and must be attached to the petition.
- Income Verification Form: Often required to establish current income levels, this form may need to be filled out by both parties. It contains details about wages, bonuses, and other income sources to assess any changes since the last order.
- Affidavit of Service: This document proves that all parties involved have been properly notified about the modification proceedings. It’s important for ensuring all legal procedures are followed and is typically filed alongside the petition.
- Case Information Statement: This form summarizes the details surrounding the case, including background information on the parties and the children involved. It assists the court in understanding the context in which the modification is being requested.
- Child Support Worksheet: This form helps calculate the necessary support amount based on the parties’ incomes and any additional relevant factors. It aids the court in making informed decisions regarding modifications to existing support agreements.
Understanding these forms and their purposes can streamline the modification process. By preparing the necessary documents in advance, individuals can help ensure that their petitions are complete and clear, facilitating a more efficient review by the court.
Similar forms
- Form 4-5 (Application for Support Order) - This form initiates a request for a support order, much like Form 4-11 seeks to modify an existing support order. Both forms require detailed information about the parties involved and the children affected.
- Form 5-1 (Request for Relief During Pending Action) - Similar in that it addresses support issues, Form 5-1 allows for immediate relief while a support modification is being processed, just as Form 4-11 seeks to modify terms of support.
- Form 21 (Protective Order for Confidentiality) - Each form may involve sensitive information about the parties. Form 21 addresses confidentiality concerns, akin to the privacy considerations in 4-11 regarding social security numbers.
- Form 10 (Petition for Paternity) - This form, like Form 4-11, is related to child support but focuses on determining paternity. Both seek to clarify responsibilities regarding child support.
- Form 14 (Acknowledgment of Paternity) - While Form 4-11 modifies support, Form 14 confirms paternity. Both documents influence the legitimacy of support claims and obligations.
- Form 15 (Petition for Child Custody) - Child custody petitions involve similar parties and children, focusing on their welfare, which indirectly relates to support modifications sought in Form 4-11.
- Form 16 (Petition for Visitation) - Like Form 4-11, this form addresses aspects related to the care of children, exploring how support and visitation rights might intersect.
- Form 17 (Petition for Spousal Support) - Similar in nature, both forms address financial obligations, though Form 17 is specifically for spousal support, while Form 4-11 focuses on child support.
- Form 18 (Order to Show Cause) - This document allows parties to request temporary relief or changes in support while waiting for a final decision, paralleling the temporary nature of modification requests in Form 4-11.
Dos and Don'ts
When filling out the Form 4-11, it's essential to follow specific guidelines to ensure your petition is complete and meets all necessary requirements. Below is a list of key do's and don’ts:
- Do read the entire form carefully before starting.
- Do provide accurate and complete information regarding yourself and the other party.
- Do attach any required documents, such as copies of previous orders.
- Do check the jurisdiction and ensure you file in the correct court.
- Do specify the reasons for seeking a modification clearly and concisely.
- Don't leave any section of the form blank without explanation.
- Don't use legal jargon or complicated language; keep it straightforward.
- Don't forget to sign and date the petition before submission.
- Don't file the form without making a copy for your records.
Misconceptions
- Misconception 1: The Form 4-11 is only for newly established support cases.
- Misconception 2: Only the person paying support can request a modification.
- Misconception 3: It's too complicated to fill out Form 4-11 without legal help.
- Misconception 4: Filing the Form 4-11 guarantees a modification of support payments.
- Misconception 5: You need to wait a certain number of years before applying for a modification.
- Misconception 6: All modifications follow the same rules regardless of the type of support.
- Misconception 7: A change in a support order requires a new court hearing each time.
- Misconception 8: The form must be filed in person.
- Misconception 9: The arrest of the paying party automatically grants relief from support obligations.
- Misconception 10: Once filed, the supporting party cannot contest the modification.
This form can be used for cases where an existing support order needs modification, not just for initiating new support claims.
In reality, either party—whether the payer or the recipient—can seek modifications based on changes in circumstances.
While it can be intricate, many individuals successfully complete the form with a careful review of the guidelines. Resources are often available to assist.
Completion and submission of the form do not ensure changes will be made; the court ultimately decides based on the evidence presented.
Modifications can be requested before the three-year mark if there is a substantial change in circumstances or income levels.
Child support modifications may differ considerably from spousal support adjustments, each governed by its own specific regulations.
In some cases, especially when addressed through the Support Collection Unit, modifications can occur without a full hearing.
Many courts allow for electronic submission of the Form 4-11, which can simplify the process for many petitioners.
An arrest does not terminate obligations; specific legal processes must still be followed for any modification related to support when incarceration occurs.
Respondents can challenge modifications in court, providing evidence to support their position concerning the change in support obligations.
Key takeaways
Filling out the Form 4-11 can be an important step in seeking a modification of a support order. Here are some key takeaways to keep in mind:
- Understand your relationship to the child or children involved. Clearly indicate whether you are an individual related to the minor or an agency acting on behalf of a person.
- Ensure that you provide accurate addresses for all parties involved. This is crucial for the court's ability to communicate and process your petition.
- Attach a true copy of any previous judgment or order that you are referencing. This strengthens your petition and establishes the context for your request.
- Clearly specify the reasons you are seeking modification. Changes in circumstances, such as income shifts or passage of time, must be detailed.
- Check the appropriate boxes to indicate your standing. This must reflect your current situation and any changed circumstances since the last order was issued.
- Be aware that applications can impact previous arrangements. If you've missed an earlier opportunity to request relief from the order, explain your reasons in the designated section.
- File the updated personal information form if it contains sensitive data. This is essential for protection of social security numbers related to all parties.
By carefully attending to these details, you can strengthen your petition and improve your chances of a favorable outcome in your modification request.
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