The Form 4-11 is a legal document used in New York's Family Court system to petition for a modification of an existing child support order. This form is essential for individuals seeking to adjust their support obligations due to significant changes in circumstances, such as income fluctuations or changes in the needs of the child. Completing this form accurately is crucial to ensure that your request is considered by the court.
If you need to fill out the Form 4-11, please click the button below.
The 4-11 form serves as a crucial tool within the New York Family Court system, specifically designed for individuals seeking to modify existing child support orders. This form is not merely a bureaucratic requirement; it embodies the legal framework that governs how support obligations can be adjusted based on changing circumstances. Within its pages, petitioners must provide detailed information about their relationship to the child or children affected, the previous court orders, and the grounds for seeking modification. The form requires specific identifiers such as the docket number and the names of all children involved, ensuring that the court has a clear understanding of the case at hand. Additionally, it prompts petitioners to articulate any substantial changes in circumstances that may justify a modification, such as shifts in income or the passage of time since the last order. Importantly, the form also addresses the procedural requirements for submitting a modification request, including the necessity for supporting documentation and the potential for a cost-of-living adjustment to be applied automatically. By navigating the complexities of the 4-11 form, petitioners can effectively advocate for their rights and those of their children, ensuring that support obligations remain fair and appropriate in light of their current situations.
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F.C.A. §§ 440, 442-447, 449, 451, 461
Form 4-11
466, 467, S.S.L. § 111-g
(Support-Petition for
[NOTE: Personal Information Form 4-5/5-1d,
Modification)
containing social security numbers of parties and
10/2016
dependents, must be filed with this Petition]
FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF
....................................................................................
In the Matter of a Proceeding for Support
Under Article 4 of the Family Court Act
Docket No.
(Commissioner of Social Services, Assignee,
on behalf of
, Assignor)
PETITION FOR
MODIFICATION OF AN ORDER
OF SUPPORT MADE BY
Petitioner,
☐FAMILY COURT
☐ANOTHER COURT
(Assignor)
-against-
Respondent.
.......................................................................................
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
.
2.a. I was the □ petitioner □ respondent in an action instituted in the
□ Supreme Court of the State of New York, [specify county]:
County
□ Other Court [specify other court]:
Court of
b. The action was named [specify]:
,
Index/Docket No. [specify]:
Respondent was □ petitioner □ respondent in the action.
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 §154-b; Form 21 (available at www.nycourts.gov).
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 §154-b; Form 21 (available at www.nycourts.gov).
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3. a. A □ judgment □ order, dated
, was entered in the action directing the
□ Respondent □ Petitioner to [specify terms]:
A true copy of the □ judgment □ order is attached and made a part of this Petition.
b. An order of support dated
, was entered directing the □ Respondent
□ Petitioner to [specify terms]:
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
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 IV-D
program pursuant to Title 6-A of the Social Services Law) through the filing of this Petition, unless:
□ I have already applied for child support services from the Support Collection Unit (the IV-D
program pursuant to Title 6-A of the Social Services Law)
□ 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.
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 TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OF
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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 TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED BY THE SUPPORT COLLECTION UNIT, WITHOUT FURTHER APPLICATION BY ANY PARTY. ALL PARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.
(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 FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER, REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.
___________________________________
Dated:Petitioner
Print or type name
Signature of Attorney, if any
Attorney’s Name (Print or Type)
Attorney’s Address and Telephone Number
Completing the Form 4-11 is an important step in seeking a modification of an existing support order. The process requires careful attention to detail and accuracy in providing the necessary information. Below are the steps to guide you through filling out the form effectively.
After completing the form, it is essential to review all entries for accuracy. Once satisfied, submit the petition to the appropriate court for processing. Keep a copy for your records and await further instructions from the court regarding your case.
What is the purpose of the Form 4-11?
The Form 4-11 is a petition for modification of an existing child support order. It is used when there has been a significant change in circumstances that affects the support obligations of one or both parties. This form allows individuals to formally request the court to adjust the terms of the support order based on new information or changes in financial situations.
Who can file a Form 4-11?
Any individual who is a party to an existing child support order can file a Form 4-11. This includes either the person receiving support (the petitioner) or the person paying support (the respondent). Additionally, an assignee agency can file on behalf of an individual if they are managing the support payments.
What information is required to complete the Form 4-11?
To complete the Form 4-11, you need to provide personal information about yourself and the respondent, details of the existing support order, and the names and dates of birth of all affected children. You must also explain the reasons for seeking a modification, including any substantial changes in circumstances, such as income changes or other relevant factors.
What constitutes a substantial change in circumstances?
A substantial change in 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 other life events that impact financial obligations. For example, if a parent loses their job or has a significant increase in income, these changes may warrant a modification of the support order.
How long does it take to process a Form 4-11?
The processing time for a Form 4-11 can vary depending on the court's schedule and the complexity of the case. Generally, it can take several weeks to a few months to receive a court date for a hearing after filing the petition. It is advisable to check with the court for specific timelines.
What happens after I file the Form 4-11?
After filing the Form 4-11, the court will schedule a hearing. Both parties will be notified of the hearing date. During the hearing, both the petitioner and the respondent can present evidence and arguments regarding the modification request. The court will then make a decision based on the information presented.
Can I represent myself when filing a Form 4-11?
Yes, individuals can represent themselves when filing a Form 4-11. However, it is often beneficial to seek legal advice or assistance to ensure that all necessary information is included and that you understand the legal process. Legal representation can help navigate complexities and improve the chances of a favorable outcome.
What if I have not applied for modification before?
If you have not previously applied for modification of the support order, you can still file a Form 4-11. The form includes a section where you can explain why you did not apply earlier. This information may be relevant to the court's consideration of your request.
Are there any fees associated with filing the Form 4-11?
Filing fees may vary by county and court. Generally, there is a fee for submitting the Form 4-11. However, some individuals may qualify for a fee waiver based on their financial situation. It is recommended to check with the local court for specific fee information and waiver options.
What should I do if I disagree with the court's decision after filing the Form 4-11?
If you disagree with the court's decision regarding your modification request, you may have the option to appeal. The appeal process involves filing a notice of appeal and potentially presenting your case to a higher court. It is advisable to consult with a legal professional to understand your rights and the steps involved in the appeal process.
Filling out the Form 4-11 can be a daunting task, and many individuals make common mistakes that can lead to delays or complications in their support modification proceedings. One frequent error is failing to provide complete and accurate personal information. This includes not only the names and addresses of the parties involved but also the correct docket number of the original support order. Incomplete information can create confusion and may result in the court being unable to process the petition effectively.
Another common mistake occurs when petitioners neglect to attach the necessary documentation. The form specifically requires a true copy of the judgment or order that is being modified. Without this documentation, the court may dismiss the petition or require additional time to obtain the relevant information, prolonging the process unnecessarily.
People often overlook the importance of clearly stating the grounds for modification. The form asks for a specific explanation of the substantial change in circumstances that justifies the request. Vague or ambiguous statements can lead to misunderstandings and may not meet the legal standards required for a modification. It is essential to provide detailed and clear reasons for the request.
Additionally, some individuals fail to check the appropriate boxes on the form, which can lead to confusion regarding their status as a petitioner or respondent. Misidentifying oneself can complicate the legal process and may result in delays in hearing the case. It is crucial to carefully review each section and ensure that all relevant boxes are checked accurately.
Another frequent oversight is the lack of attention to the deadlines associated with filing the petition. Many individuals do not realize that there are specific time frames within which they must apply for a modification. Failing to file within these time limits can result in the loss of the right to seek a modification, which can have significant financial implications.
Lastly, individuals sometimes neglect to seek legal advice or assistance when filling out the form. While it is possible to complete the form independently, the complexities of family law can be overwhelming. Consulting with an attorney can provide clarity and ensure that all requirements are met, ultimately leading to a smoother process.
When navigating the complexities of family law, several forms and documents may accompany the Form 4-11, which is a petition for the modification of a support order. Each document serves a specific purpose in the legal process, ensuring that all necessary information is presented clearly and accurately. Below is a list of commonly used forms that may be relevant in conjunction with the Form 4-11.
Understanding these forms and their purposes can significantly aid individuals in effectively managing their legal proceedings related to support modifications. Each document plays a critical role in ensuring that the process is conducted fairly and in accordance with the law.
When filling out the Form 4-11, it is crucial to follow specific guidelines to ensure your submission is correct and complete. Here is a list of things you should and shouldn't do:
Understanding the 4-11 form can be challenging, and there are several misconceptions that often arise. Here are seven common misunderstandings:
By clearing up these misconceptions, you can approach the process with more confidence and understanding. If you have further questions, consider reaching out to a legal professional or local support services for assistance.
Understand the Purpose: The Form 4-11 is specifically designed for individuals seeking to modify an existing child support order. Familiarizing yourself with its intent will help streamline the process.
Gather Necessary Information: Before filling out the form, collect all relevant details, including the names and birthdates of the children involved, as well as the specifics of the original support order.
Check Jurisdiction: Ensure that the court you are petitioning has the authority to modify the order. This is crucial, as some courts may not retain exclusive jurisdiction for modifications.
Document Changes: Clearly outline any substantial changes in circumstances since the original order. This could include changes in income or other significant life events.
Review and Attach Supporting Documents: If applicable, attach copies of previous judgments or orders that relate to your petition. This documentation will strengthen your case.
Consider Child Support Services: If you are applying for child support services, be sure to indicate this on the form. Understanding your eligibility can provide additional resources and support.