Article Guide
The 4-11 form serves as a crucial tool for individuals seeking to modify an existing child support order within the Family Court system of New York. This form is specifically designed for petitioners who wish to request changes to the terms of support that may no longer reflect their current circumstances. It encompasses various sections that require detailed information about the parties involved, including their relationship to the child or children affected by the support order. Essential details such as the names, addresses, and birth dates of the children must be included, ensuring that the court has a comprehensive understanding of the case. The form also prompts the petitioner to outline the reasons for the modification request, which may include significant changes in financial circumstances or the passage of time since the last order was issued. Additionally, it addresses the jurisdictional aspects of the case, confirming whether the court retains the authority to make modifications. The 4-11 form not only facilitates the legal process but also aims to ensure that the needs of the children are prioritized and met in a manner that reflects the evolving dynamics of family situations.
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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]:
.
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
___________________________________
Print or type name
___________________________________
Signature of Attorney, if any
___________________________________
Attorney’s Name (Print or Type)
___________________________________
___________________________________
Attorney’s Address and Telephone Number
Form Specifications
| Fact Name | Details |
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| Governing Law | The form is governed by the Family Court Act (F.C.A.) §§ 440, 442-447, 449, 451, 461, 466, 467 and Social Services Law (S.S.L.) § 111-g. |
| Purpose of Form | This form is used to petition for a modification of an existing support order. |
| Filing Requirement | Personal information form 4-5/5-1d, containing social security numbers, must accompany this petition. |
| Applicable Courts | The petition can be filed in the Family Court or another court where the original order was issued. |
| Jurisdiction | Exclusive jurisdiction may not be retained by the issuing court, allowing for modifications in other jurisdictions. |
| Change of Circumstances | Petitioners must demonstrate a substantial change in circumstances since the original order was issued. |
| Income Change Criteria | A change in gross income of 15% or more since the last order can be grounds for modification. |
| Child Information | The form requires the names, addresses, and dates of birth of all children affected by the support order. |
| Application for Support Services | Petitioners may apply for child support services through the Support Collection Unit while filing this petition. |
| Previous Applications | The petitioner must confirm that no previous applications for the same relief are pending in any court. |
4 11: Usage Guidelines
Filling out the 4-11 form is an important step in the process of modifying an existing support order. Completing this form accurately will help ensure that your petition is properly considered by the court. Follow the steps below to fill out the form correctly.
- Begin by entering the county name at the top of the form where indicated.
- Fill in the docket number for your case.
- Identify yourself as the petitioner by checking the appropriate box and providing your relationship to the child(ren) along with your address.
- Provide the respondent's address in the designated section.
- Indicate your role in the previous action by checking either "petitioner" or "respondent." Specify the court and county where the action took place.
- Detail the name of the action and the index or docket number.
- State the date of the judgment or order and specify whether it was directed to the respondent or petitioner.
- Attach a true copy of the judgment or order to the petition.
- List the names, addresses, and dates of birth of all children affected by the order.
- Indicate whether the court has retained exclusive jurisdiction to modify the order and check the box if applicable.
- State the reason for seeking modification, including any substantial changes in circumstances since the original order.
- Detail how you would like the judgment or order modified.
- Explain any reasons for not applying for relief earlier, if applicable.
- If you are an individual petitioner, check the appropriate box regarding your application for child support services.
- Confirm that no previous applications for the same relief are pending before any judge or court.
- Sign and date the petition at the bottom, and print or type your name.
Your Questions, Answered
What is the purpose of the Form 4-11?
The Form 4-11 is used to petition for a modification of an existing support order in New York. This form allows individuals to request changes to child support or spousal support based on new circumstances that may have arisen since the original order was issued. Whether it’s due to a change in income, a change in living circumstances, or other significant factors, this form is a vital tool for those seeking to adjust their support obligations or entitlements.
Who can file a Form 4-11?
Any individual who is a party to the original support order can file a Form 4-11. This includes either the person who is receiving support (the petitioner) or the person who is paying support (the respondent). Additionally, an assignee agency that represents the interests of the child or children involved can also file on behalf of the individual entitled to support.
What information is required to complete the Form 4-11?
When filling out the Form 4-11, you will need to provide various pieces of information. This includes your name and address, the name and address of the respondent, details about the original support order, and the reasons for seeking a modification. You must also list the names, addresses, and dates of birth of all children affected by the support order. Accurate and complete information is crucial for the court to consider your petition.
What constitutes a "substantial change of circumstances"?
A substantial change of circumstances can include various factors, such as a significant increase or decrease in income, changes in employment status, changes in the needs of the child or children, or other personal circumstances that impact the ability to pay or the need for support. If you believe your situation has changed significantly since the original order, you should specify these changes in your petition.
Can I apply for child support services while filing the Form 4-11?
Yes, if you are an individual petitioner, you can apply for child support services from the Support Collection Unit while filing the Form 4-11. However, if you have already applied for these services or if you do not wish to apply, you can indicate this on the form. It's important to clarify your needs regarding child support services to ensure that you receive the appropriate assistance.
What happens after I submit the Form 4-11?
Once you submit the Form 4-11, the court will review your petition. You may be required to attend a hearing where both parties can present their cases. The court will then decide whether to grant the modification based on the information provided and any evidence presented. If the modification is granted, the court will issue an adjusted support order.
Is there a time limit for filing a Form 4-11?
While there is no strict time limit for filing a Form 4-11, it is advisable to file as soon as you experience a change in circumstances. Delaying your petition could affect your support obligations or entitlements. Additionally, if you are seeking a modification based on the passage of time, such as the three-year rule for adjustments, you must ensure you file within that timeframe.
What if I have not applied for modification before?
If you have not applied for modification of the support order before, you can still file the Form 4-11. The form allows you to explain why you are seeking relief now rather than earlier. Providing a clear reason can help the court understand your situation better and may strengthen your case for modification.
Can I represent myself when filing the Form 4-11?
Yes, you can represent yourself when filing the Form 4-11. Many individuals choose to do so, especially if they feel comfortable navigating the legal process. However, seeking legal advice or assistance can be beneficial, especially if your case involves complex issues or if you are unsure about the process. Legal professionals can provide guidance to help you present your case effectively.
Common mistakes
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Incomplete Information: Many individuals fail to provide all required personal details, such as full names, addresses, and dates of birth for all children involved. This can lead to delays in processing the petition.
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Incorrect Court Designation: Some people mistakenly select the wrong court type when indicating where the original support order was issued. This can create jurisdictional issues and complicate the modification process.
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Missing Attachments: A common error is neglecting to attach copies of the original judgment or order. Without these documents, the court may not be able to consider the modification.
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Failure to State Changes: Applicants often do not clearly specify the substantial change in circumstances that justifies the modification. This omission can result in the petition being denied.
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Ignoring Confidentiality: Some individuals overlook the importance of confidentiality regarding addresses. If the court has ordered confidentiality, this must be adhered to, or it may lead to legal complications.
Documents used along the form
When navigating family court matters, especially regarding support modifications, several forms and documents often accompany the Form 4-11. Understanding these documents can make the process smoother and more efficient. Below is a list of commonly used forms that may be relevant to your situation.
- Form 4-5/5-1d (Personal Information Form): This form contains essential personal information, including social security numbers of the parties involved. It must be filed alongside the support petition to ensure all relevant details are captured.
- Form 21 (Confidential Address Form): If there are concerns about safety or health risks, this form allows a party to request that their address remain confidential. It’s important for those who may be in sensitive situations.
- Form 4-10 (Order of Support): This document outlines the specific terms of support that have been ordered by the court. It serves as a reference point for any modifications or enforcement actions.
- Form 4-12 (Notice of Motion): If you’re seeking a court hearing to modify support, this form notifies all parties involved about the motion. It ensures everyone is informed and can prepare accordingly.
- Form 4-13 (Affidavit of Service): This form confirms that all necessary documents have been served to the other party. Proper service is crucial in legal proceedings, as it ensures that everyone has received the information they need.
- Form 4-14 (Child Support Worksheet): This worksheet helps calculate the appropriate amount of child support based on income and other factors. It’s a useful tool for ensuring that support amounts are fair and just.
- Form 4-15 (Income Withholding Order): This order directs an employer to withhold a portion of an employee's paycheck for child support payments. It’s an important document for ensuring timely payments.
- Form 4-16 (Request for Review of Support Order): If you believe that the current support order is no longer appropriate, this form allows you to request a review. It’s a step towards potentially adjusting the support amount based on changed circumstances.
- Form 4-17 (Financial Disclosure Affidavit): This affidavit requires parties to disclose their financial situation, including income, expenses, and assets. Transparency is key in support cases, and this form helps provide a clear picture.
By familiarizing yourself with these documents, you can approach the support modification process with confidence. Each form plays a specific role in ensuring that your case is handled properly and fairly. Remember, being well-prepared can significantly impact the outcome of your proceedings.
Similar forms
- Form 4-5: Petition for Support - Like Form 4-11, this document initiates a request for child support. It requires similar personal information and outlines the relationship between the parties involved. Both forms aim to address financial responsibilities concerning children, but Form 4-5 focuses on establishing initial support rather than modifying an existing order.
- Form 5-1d: Personal Information Form - This form is used in conjunction with various family court petitions, including the 4-11 form. It collects essential personal details, such as social security numbers, to ensure proper identification of the parties involved. Both forms emphasize the importance of accurate personal information to facilitate court proceedings.
- Form 21: Confidential Address Form - This document is relevant when parties seek to keep their addresses confidential due to safety concerns. Similar to the 4-11 form, it addresses the need for privacy in sensitive family law matters. Both forms provide mechanisms to protect individuals while navigating the legal system.
- Child Support Standards Act (CSSA) Guidelines - The CSSA provides a framework for calculating child support obligations in New York. While the 4-11 form specifically requests a modification of an existing support order, both documents rely on the principles established by the CSSA to determine appropriate financial support levels based on the circumstances of the parties involved.
Dos and Don'ts
When filling out the Form 4-11 for support modification, it’s essential to approach the task carefully. Here’s a list of things you should and shouldn’t do to ensure your application is complete and accurate.
- Do read the entire form before starting. Familiarizing yourself with the requirements can save time and prevent mistakes.
- Do provide accurate personal information. This includes names, addresses, and dates of birth for all parties involved.
- Do check all applicable boxes. This ensures that your petition reflects your situation accurately.
- Do attach any required documents. Include copies of judgments or orders relevant to your case.
- Don't leave any sections blank. Incomplete forms can lead to delays or rejections.
- Don't forget to sign and date the form. An unsigned petition is considered invalid.
- Don't use vague language. Be specific about the changes in circumstances that warrant a modification.
- Don't submit the form without making copies. Keeping a copy for your records is crucial in case you need to reference it later.
By following these guidelines, you can help ensure that your Form 4-11 is filled out correctly and submitted without unnecessary complications. Time is of the essence, so act promptly to protect your rights and interests.
Misconceptions
Misconceptions about the 4-11 form can lead to confusion and missteps in legal proceedings. Here are nine common misconceptions, along with clarifications for each.
- The 4-11 form is only for parents seeking to modify child support. Many believe this form is exclusively for parents. In reality, it can also be used by agencies acting on behalf of parents.
- You cannot file the 4-11 form without an attorney. While having legal representation is beneficial, individuals can file the form on their own. It is designed for self-representation as well.
- All modifications to support orders require a substantial change in circumstances. This is not true. Modifications can also be based on specific time intervals, such as three years since the last order was entered.
- The form must be filed in the same court where the original order was issued. This is a misconception. The 4-11 form can be filed in any competent court that has jurisdiction over the matter.
- Filing the 4-11 form guarantees a modification of the support order. Filing does not ensure that the court will grant the modification. The court will evaluate the request based on the provided evidence.
- Only the person paying support can request a modification. This is incorrect. Either party, including the recipient of support, can file for a modification based on changing circumstances.
- You must provide your current address on the form. While this is often required, there are exceptions. If revealing your address poses a safety risk, you may request confidentiality.
- The 4-11 form is only relevant for child support cases. This form can also be applicable in spousal support cases, depending on the specific circumstances of the parties involved.
- Once filed, the 4-11 form does not require any follow-up. This is misleading. After filing, parties may need to appear in court or respond to additional requests for information.
Understanding these misconceptions can help individuals navigate the legal process more effectively. Clarity about the 4-11 form can lead to better outcomes in support modification cases.
Key takeaways
The Form 4-11 is utilized for petitioning modifications to existing support orders in the Family Court of New York.
Accurate completion of the form is essential; it requires specific personal information about the petitioner, respondent, and affected children.
Petitioners must demonstrate standing by showing a substantial change of circumstances since the original order was issued.
It is important to attach true copies of any relevant judgments or orders to the petition, as these documents support the request for modification.
Petitioners should be aware that a cost of living adjustment can be requested no sooner than twenty-four months after the original support order was issued or last modified.
In cases where a party fails to provide an updated address to the Support Collection Unit, the obligation amount becomes due regardless of whether the party has received a copy of the adjusted order.
Before filing, ensure that no previous applications for the same relief are pending in any court, as this could complicate the petition process.