4 11 Template

4 11 Template

The Form 4-11 is a legal document used in New York Family Court to petition for a modification of an existing child support order. This form allows individuals to request changes based on specific circumstances, such as a substantial change in income or a significant alteration in circumstances since the original order was established. It is important to complete this form accurately to ensure that the court can address the request appropriately.

If you need to modify your child support order, please fill out the form by clicking the button below.

Table of Contents

The 4-11 form plays a crucial role in the Family Court system, particularly for those seeking to modify an existing child support order. This form is used to initiate a petition for modification under Article 4 of the Family Court Act in New York. It requires specific information about the petitioner, the respondent, and the children involved. Key aspects include the identification of the parties, details about the original support order, and the grounds for modification. Petitioners must outline any significant changes in circumstances since the original order was issued, such as changes in income or the need for adjustments due to inflation. The form also addresses whether the court has retained exclusive jurisdiction to modify the order and ensures that all necessary documentation is attached. Additionally, it provides options for petitioners to apply for child support services and outlines the implications of not updating the Support Collection Unit with current addresses. Understanding the requirements and implications of the 4-11 form is essential for anyone navigating the complexities of child support modifications.

4 11 Sample

Page 1
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.
1
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).
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).
Page 2
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]: .
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
ADDRESS
3
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
3
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).
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).
Page 3
□ 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
Page 4
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

Document Attributes

Fact Name Details
Governing Law F.C.A. §§ 440, 442-447, 449, 451, 461, 466, 467, S.S.L. § 111-g
Form Purpose This form is used to petition for modification of an existing support order.
Filing Requirement Personal Information Form 4-5/5-1d must accompany this petition if social security numbers are included.
Jurisdiction The Family Court of the State of New York has jurisdiction over these matters.
Change of Circumstances A substantial change in circumstances is required to seek modification.
Time Limit Three years must have passed since the last order was entered for certain modifications.
Child Support Services Petitioners may apply for child support services through the Support Collection Unit.
Confidentiality Addresses may be kept confidential if disclosure poses a health or safety risk.

4 11: Usage Instruction

Filling out Form 4-11 is a straightforward process that requires attention to detail. Once completed, this form will be submitted to the appropriate court to initiate a modification of an existing support order. Ensure that all required information is accurate and complete to avoid delays in processing your petition.

  1. Begin by entering the county where you are filing the petition at the top of the form.
  2. Fill in the docket number associated with your case.
  3. Indicate whether you are the petitioner or the respondent by checking the appropriate box.
  4. Provide your name and address in the designated fields.
  5. Enter the respondent's name and address as well.
  6. Specify your relationship to the child(ren) involved in the case.
  7. State whether you were the petitioner or respondent in any previous actions related to this case, including the court name and county.
  8. List the details of any judgments or orders relevant to your petition, including the date and terms.
  9. Include the names, addresses, and dates of birth of all children affected by the support order.
  10. Indicate if the court has exclusive jurisdiction to modify the order and check the applicable box if another court is involved.
  11. Explain any substantial changes in circumstances that justify your request for modification.
  12. Detail the modifications you are seeking to the current support order.
  13. If applicable, provide reasons for not applying for relief earlier.
  14. Check the box if you are applying for child support services from the Support Collection Unit, or indicate if you do not wish to apply.
  15. Confirm that no previous applications for the same relief are pending before any court.
  16. Sign and date the petition at the bottom of the form, and print your name clearly.
  17. If you have an attorney, include their name, address, and phone number.

Frequently Asked Questions

  1. What is the purpose of the Form 4-11?

    The Form 4-11 is a petition used in New York Family Court to request a modification of an existing support order. This form is typically filed by a party who wishes to change the terms of child support or spousal support due to a change in circumstances.

  2. Who can file the Form 4-11?

    Both individuals and agencies can file the Form 4-11. If you are an individual, you must be related to the child or children affected by the support order. Agencies may file the form on behalf of a party involved in the support proceedings.

  3. What information is required to complete the Form 4-11?

    To complete the Form 4-11, you will need to provide:

    • Your relationship to the child or children.
    • The current addresses of all parties involved, unless confidentiality is ordered.
    • Details about the existing support order, including dates and terms.
    • Information on any substantial changes in circumstances since the original order was made.
  4. What happens after I file the Form 4-11?

    After you file the Form 4-11, the court will review your petition. A hearing may be scheduled where both parties can present evidence regarding the modification request. If the court approves the modification, a new support order will be issued.

Common mistakes

Filling out the Form 4-11 can be a challenging process, and many individuals make common mistakes that can lead to delays or complications. One frequent error is failing to provide complete information. Each section requires specific details, such as names, addresses, and dates. Omitting any of this information can result in the court returning the form for correction.

Another mistake often seen is the incorrect selection of checkboxes. For example, a petitioner might select the wrong status, such as marking themselves as a respondent instead of a petitioner. This can confuse the court about the roles of the parties involved and may delay the processing of the petition.

In addition, individuals sometimes neglect to attach necessary documents. The form requires copies of any relevant judgments or orders. If these documents are not included, the petition may be deemed incomplete, leading to further complications in the legal process.

People also frequently misunderstand the requirements for demonstrating a substantial change in circumstances. The form asks for specific details regarding changes in income or other relevant factors. Providing vague or insufficient explanations can weaken the case and may result in the petition being dismissed.

Finally, many individuals fail to review the form thoroughly before submission. Errors in spelling, grammar, or calculations can affect the perception of the petitioner's credibility. Taking the time to proofread can help ensure that the petition is clear and professional.

Documents used along the form

The 4-11 form is a petition for modifying a support order in New York. When filing this petition, several other forms and documents may also be necessary to ensure that the process runs smoothly. Below is a list of common documents that are often used alongside the 4-11 form, along with brief descriptions of each.

  • Form 4-5/5-1d (Personal Information Form): This form contains sensitive information, including social security numbers of the parties involved. It must be filed with the 4-11 form to protect the identities of the individuals in the case.
  • Form 21 (Confidential Address Form): If a party's address needs to be kept confidential due to safety concerns, this form is used to request that confidentiality from the court.
  • Form 4-1 (Petition for Support): This is the initial petition for support, outlining the request for financial assistance. It sets the groundwork for any modifications that may follow.
  • Form 4-12 (Response to Petition): If the other party wishes to respond to the 4-11 petition, they would use this form to outline their position regarding the modification request.
  • Income Verification Documents: These include pay stubs, tax returns, or any other documents that show the income of the parties involved. They help establish financial circumstances that may affect support obligations.
  • Child Support Worksheet: This worksheet helps calculate the appropriate amount of child support based on the income of both parents and the needs of the child. It is often required by the court for support modification cases.
  • Affidavit of Financial Disclosure: This document provides a detailed account of the financial situation of the party requesting the modification. It is crucial for the court to understand the financial context of the request.

Using the correct forms and documents can make a significant difference in the outcome of your case. Ensuring that all necessary paperwork is complete and accurate will help facilitate a smoother process in court.

Similar forms

  • Form 4-5: This document is also used in family court proceedings and involves petitions related to child support. Similar to Form 4-11, it requires personal information and outlines the circumstances under which support may be modified.
  • Form 5-1d: Like Form 4-11, this form is used to modify existing support orders. It includes essential details about the parties involved and the reasons for seeking a modification.
  • Form 21: This document addresses confidentiality concerns regarding addresses in family court cases. It is similar to Form 4-11 in that it emphasizes the importance of protecting sensitive information.
  • Form 4-12: This form is related to petitions for child support and outlines the necessary steps to request changes. It shares similarities with Form 4-11 in terms of structure and required information.
  • Form 4-13: Used for enforcement of support orders, this form is similar to Form 4-11 as it also deals with modifications and requires detailed personal information about the parties involved.
  • Form 4-14: This document is a petition for a support order and shares the same purpose of seeking modifications as Form 4-11, requiring similar data and justifications.
  • Form 4-15: This form addresses requests for temporary support and is similar to Form 4-11 in that it requires specific details about the parties and the nature of the support being requested.
  • Form 4-16: This document is utilized for appeals related to support orders. Like Form 4-11, it must include comprehensive information about the case and parties involved.
  • Form 4-17: This form is used for modifications related to spousal support. It is similar to Form 4-11, as both forms require evidence of changed circumstances to justify the request for modification.

Dos and Don'ts

Filling out the Form 4-11 can be a daunting task, but following some simple guidelines can make the process smoother and more effective. Here’s a list of things to do and avoid when completing this important document.

  • Do ensure all personal information is accurate. Double-check names, addresses, and other details to prevent any delays.
  • Don’t leave any sections blank. If a question does not apply to you, write “N/A” instead of skipping it.
  • Do attach all required documents, such as copies of previous orders or judgments. These are essential for the court to process your petition.
  • Don’t forget to sign and date the form. An unsigned form may be rejected, causing unnecessary delays.
  • Do keep a copy of the completed form for your records. This will help you track your application and provide a reference in future communications.
  • Don’t submit the form without reviewing it thoroughly. Mistakes can lead to complications, so take your time to ensure everything is correct.

By adhering to these guidelines, you can navigate the complexities of the Form 4-11 with greater ease and confidence. Remember, attention to detail is crucial in legal matters.

Misconceptions

Misconceptions about the 4-11 form can lead to confusion for those navigating the child support modification process. Below is a list of common misunderstandings, along with clarifications to help demystify this important legal document.

  • The 4-11 form is only for individuals receiving child support. In fact, both payers and receivers of child support can use this form to seek modifications. It is designed for any party involved in a child support order.
  • You cannot modify child support unless three years have passed. While a three-year waiting period applies in many cases, modifications can also be requested sooner if there has been a substantial change in circumstances, such as a significant change in income.
  • The form must be filed in the same court where the original order was issued. This is not always the case. If the original court has not retained exclusive jurisdiction, the modification can potentially be filed in a different court of competent jurisdiction.
  • You must have a lawyer to file the 4-11 form. Although legal representation can be beneficial, it is not a requirement. Individuals can file the form on their own if they feel comfortable navigating the process.
  • All information on the form is public. Certain details, such as addresses, can be kept confidential if the court has determined that disclosure poses a health or safety risk.
  • The 4-11 form guarantees a modification will be granted. Completing and submitting the form does not ensure that a modification will be approved. The court will review the circumstances and make a decision based on the evidence presented.
  • Once filed, the process is quick and straightforward. The timeline for processing a modification request can vary. Factors such as court schedules, the complexity of the case, and whether hearings are required can all affect how long the process takes.

Understanding these misconceptions can help individuals better prepare for the process of modifying child support. Clarity about the 4-11 form can lead to more informed decisions and ultimately a smoother experience in family court.

Key takeaways

  • Form 4-11 is used to petition for a modification of a support order in New York.

  • Before submitting, ensure that you have all necessary personal information, including social security numbers, as these must be included in the related Personal Information Form 4-5/5-1d.

  • Clearly identify yourself as the petitioner and provide your relationship to the child or children involved.

  • Include the details of the original court order, including the date it was issued and the specific terms that need modification.

  • List the names, addresses, and birth dates of all children affected by the support order.

  • To establish standing for modification, you must demonstrate a substantial change in circumstances or a significant change in income since the last order.

  • Be aware that if three years have passed since the last order, or if there has been a 15% change in income, you may have grounds for modification.

  • Finally, ensure that no previous applications for the same relief are pending in any court, including tribal courts.