Table of Contents
The 4-11 form is a critical document used in New York Family Court for petitioning modifications to existing child support orders. This form is essential for individuals or agencies seeking to adjust support obligations due to changing circumstances. It requires the petitioner to provide detailed information about their relationship to the child or children involved, as well as the current status of the existing support order. The form includes sections for identifying the parties, the nature of the original court order, and the reasons for seeking modification, such as substantial changes in income or other relevant circumstances. Additionally, it addresses the jurisdictional aspects of the case, ensuring that the appropriate court has the authority to make changes to the support order. The 4-11 form also prompts petitioners to disclose any prior applications for relief and to indicate their eligibility for child support services. As a comprehensive document, it serves to streamline the process of modifying support orders while ensuring that all necessary information is presented to the court.
Sample - 4 11 Form
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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
___________________________________
Print or type name
___________________________________
Signature of Attorney, if any
___________________________________
Attorney’s Name (Print or Type)
___________________________________
___________________________________
Attorney’s Address and Telephone Number
File Specs
| Fact Name | Description |
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| Governing Law | The 4-11 form is governed by Family Court Act (F.C.A.) §§ 440, 442-447, 449, 451, 461, 466, 467, and Social Services Law (S.S.L.) § 111-g. |
| Purpose | This form is used to petition for modification of an existing child support order. |
| Jurisdiction | The Family Court of the State of New York has jurisdiction to hear these petitions under Article 4 of the Family Court Act. |
| Confidentiality | Addresses may be kept confidential if disclosure poses an unreasonable health or safety risk, as per F.C.A. § 154-b. |
| Eligibility Criteria | Petitioners must demonstrate standing by showing a substantial change in circumstances or a significant change in income since the last order. |
| Application for Services | Individuals may apply for child support services through the Support Collection Unit while filing this petition. |
| Cost of Living Adjustment | Child support orders may be adjusted for cost of living no sooner than 24 months after issuance or modification, upon request. |
4 11 - Usage Guidelines
Filling out Form 4-11 requires careful attention to detail. This form is essential for requesting modifications to a support order. After completing the form, it will need to be submitted to the appropriate Family Court for consideration. Make sure to keep a copy for your records.
- Obtain the Form: Download or request a copy of Form 4-11 from the Family Court or relevant website.
- Fill in the County: Write the name of the county where you are filing the petition at the top of the form.
- Complete the Docket Number: Enter the docket number associated with your case, if applicable.
- Identify the Petitioner: Check the appropriate box to indicate whether you are an individual or an agency. Provide your relationship to the child(ren) and your address.
- Respondent Information: Fill in the respondent’s address and any other relevant details.
- Previous Action Details: Indicate whether you were the petitioner or respondent in a previous action. Specify the court and the case name, along with the index or docket number.
- Attach Relevant Orders: Include copies of any judgments or orders related to the support that you are seeking to modify.
- Children’s Information: List the names, addresses, and dates of birth of all children affected by the support order.
- Jurisdiction Information: Indicate whether the court has retained exclusive jurisdiction to modify the order.
- Change of Circumstances: Check the applicable box to explain the substantial change in circumstances that justifies the modification.
- Modification Request: Clearly state how you wish to modify the support order.
- Previous Applications: If you did not apply earlier for relief, provide a reason.
- Child Support Services: If applicable, indicate whether you are applying for child support services and check the relevant boxes.
- Previous Applications Statement: Confirm that no previous applications have been made regarding this relief.
- Sign and Date: Sign and date the petition, ensuring that your name is printed clearly. If you have an attorney, include their details as well.
Your Questions, Answered
What is the purpose of the Form 4-11?
The Form 4-11 is utilized to petition for a modification of an existing child support order in New York. It allows individuals or agencies to request changes based on new circumstances that may affect the support obligations. This form is part of the legal process under Article 4 of the Family Court Act.
Who can file a Form 4-11?
Any individual who is a party to the existing support order or an assignee agency can file the Form 4-11. The petitioner must demonstrate their relationship to the child or children involved and provide relevant information about the current support order.
What information is required to complete the Form 4-11?
To complete the Form 4-11, the petitioner must provide personal details, including names, addresses, and dates of birth of all affected children. Additionally, information about the existing support order, including the terms and the court that issued it, must be included. The petitioner must also indicate any substantial changes in circumstances that justify the modification.
What constitutes a substantial change in circumstances?
A substantial change in circumstances may include various factors, such as a significant increase or decrease in income, changes in employment status, or changes in the needs of the child. Specifically, if there has been a change in gross income by fifteen percent or more since the last order, this may also be grounds for modification.
How does one demonstrate standing to file the Form 4-11?
Standing to file the Form 4-11 is established by showing that the petitioner has a direct interest in the support order. This can be demonstrated by citing a substantial change in circumstances or by indicating that three years have passed since the last modification, unless an agreement states otherwise.
What happens after the Form 4-11 is filed?
Once the Form 4-11 is filed, the Family Court will review the petition. If the court finds that there is sufficient reason to modify the support order, a hearing may be scheduled. Both parties will be notified, and they will have the opportunity to present evidence regarding the proposed changes to the support obligations.
Are there any fees associated with filing the Form 4-11?
Typically, there are fees associated with filing court documents, including the Form 4-11. However, fee waivers may be available for individuals who demonstrate financial hardship. It is advisable to check with the Family Court for specific fee information and waiver options.
Can I apply for child support services while filing the Form 4-11?
Yes, individuals filing the Form 4-11 can apply for child support services through the Support Collection Unit. The form includes options to indicate whether you are applying for these services, have previously applied, or do not wish to apply at this time.
Common mistakes
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Incomplete Information: Many individuals forget to provide all necessary details, such as the full names and addresses of all children involved. This omission can lead to delays in processing the petition.
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Incorrect Checkboxes: Failing to accurately check the appropriate boxes can create confusion. For example, indicating the wrong party as the petitioner or respondent may result in the petition being rejected.
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Missing Attachments: It is crucial to attach copies of relevant judgments or orders. If these documents are not included, the court may not have the information needed to evaluate the modification request.
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Failure to Specify Changes: When outlining the requested modifications, clarity is essential. Vague descriptions can lead to misunderstandings and may prevent the court from granting the desired changes.
Documents used along the form
The Form 4-11 is a crucial document used in family court proceedings, particularly for modifying child support orders. When filing this form, there are several other documents that may accompany it to ensure a complete and accurate submission. Here’s a brief overview of four common forms often used alongside the Form 4-11.
- Form 4-5: Personal Information Form - This form collects essential personal information about the parties involved, including social security numbers. It is mandatory to submit this form along with the 4-11 to protect the privacy of the individuals involved in the case.
- Form 21: Request for Confidentiality - If there are concerns about health or safety risks, this form can be used to request that the addresses of parties involved be kept confidential. This is particularly important in cases involving domestic violence or similar issues.
- Form 4-12: Notice of Motion - This document is used to formally notify the other party of the motion being filed. It outlines the request being made to the court and provides a timeline for when the other party must respond.
- Form 4-13: Affidavit of Service - This form serves as proof that the other party has been properly notified of the proceedings. It details how and when the documents were served, ensuring that all parties are aware of the court actions being taken.
Understanding these accompanying forms can streamline the process and help ensure that all necessary information is provided to the court. Proper documentation is essential for a successful modification of a support order, and being well-prepared can make a significant difference in the outcome of your case.
Similar forms
The Form 4-11, which is used for modifying support orders, shares similarities with the Child Support Modification Request form. Both documents serve the purpose of formally requesting changes to existing child support arrangements. They require detailed information about the parties involved, the original support order, and the reasons for seeking modification. In both cases, the petitioner must demonstrate a substantial change in circumstances, such as changes in income or living conditions, that justifies the need for a review of the support terms.
Another document akin to the Form 4-11 is the Petition for Child Support. This form initiates the process of establishing a child support obligation. Like the 4-11, it requires the petitioner to provide information about the parties and the children involved. The key difference lies in its purpose; while the 4-11 seeks to modify an existing order, the Petition for Child Support establishes new obligations based on current circumstances. Both forms emphasize the necessity of clarity and accuracy in the information provided.
The Petition for Enforcement of Support Order is also comparable to the Form 4-11. This document is used when one party seeks to enforce an existing child support order that has not been followed. Similar to the 4-11, it requires details about the original order and the reasons for enforcement. The focus shifts from modification to ensuring compliance with the existing terms, but both forms demand a clear presentation of facts and circumstances surrounding the support obligation.
The Support Collection Unit Application form is another related document. This form is used to apply for services that assist in collecting child support payments. While the Form 4-11 is about modifying support, the Support Collection Unit Application focuses on ensuring that payments are received as mandated. Both forms require information about the parties and the original support order, highlighting the interconnected nature of support modifications and collection services.
In addition, the Stipulation of Settlement can be seen as similar to the Form 4-11. This document is often used when both parties agree to modify the terms of a support order outside of court. While the 4-11 is a formal petition to the court for modification, a Stipulation of Settlement allows for a more collaborative approach. Both require detailed information about the parties and the terms being modified, but the Stipulation emphasizes mutual agreement rather than a unilateral request.
The Child Support Guidelines Worksheet is another document that parallels the Form 4-11. This worksheet is used to calculate the appropriate amount of child support based on various factors, including income and expenses. While the 4-11 seeks modification of an existing order, the Guidelines Worksheet aids in determining what that modified amount should be. Both documents rely on accurate financial information and aim to ensure fair support for children.
The Request for Hearing form is also comparable to the Form 4-11. This document is used when a party wishes to contest a support order or modification. Similar to the 4-11, it requires detailed information about the existing order and the reasons for the request. Both forms are critical in the legal process surrounding child support, providing a framework for parties to present their cases to the court.
Lastly, the Notice of Motion for Child Support Modification is akin to the Form 4-11. This document is used to formally notify the court and the other party of a request to modify child support. Like the 4-11, it outlines the reasons for the modification and includes pertinent details about the existing order. Both documents serve as essential tools in the legal landscape of child support, ensuring that all parties are informed and that the court has the necessary information to make an informed decision.
Dos and Don'ts
When filling out the 4-11 form, it's crucial to approach the process with care. Here are five important do's and don'ts to keep in mind:
- Do ensure all personal information is accurate and complete.
- Do attach any required supporting documents, such as copies of previous judgments or orders.
- Do check the appropriate boxes to indicate your relationship to the child and the nature of your petition.
- Do keep a copy of the completed form for your records.
- Do file the form with the correct court to avoid delays in processing.
- Don't leave any sections blank; incomplete forms can lead to rejection.
- Don't forget to sign and date the form before submission.
- Don't provide false information; this can have serious legal consequences.
- Don't miss the deadlines for filing; ensure you submit your petition on time.
- Don't hesitate to seek legal advice if you are unsure about any part of the form.
Misconceptions
Misconception 1: The 4 11 form is only for individuals who have a court order for child support.
This form can also be used by assignee agencies that represent individuals seeking modifications. It is not limited to personal petitions.
Misconception 2: You cannot modify a support order if it has been less than three years since the last modification.
In fact, modifications can be requested sooner if there has been a substantial change in circumstances, such as a significant change in income or other relevant factors.
Misconception 3: The 4 11 form requires you to disclose your social security number.
While personal information is necessary, social security numbers should be filed separately using the Personal Information Form 4-5/5-1d. This helps protect your privacy.
Misconception 4: Filing the 4 11 form guarantees that the support order will be modified.
Submitting the form initiates a process, but the court will review all evidence and make a decision based on the merits of your case. There are no guarantees.
Key takeaways
When filling out and using the 4-11 form for modifying a support order, it is essential to keep the following key points in mind:
- Understand the Purpose: The 4-11 form is specifically designed for individuals seeking to modify an existing support order under New York Family Court guidelines.
- Identify Your Role: Clearly indicate whether you are the petitioner or respondent in the previous action. This helps establish your standing in the modification process.
- Provide Accurate Information: Ensure that all personal information, including names and addresses, is correct. Any inaccuracies can delay the process.
- Attach Necessary Documents: Include true copies of any existing judgments or orders related to the support. This documentation is crucial for the court's review.
- Demonstrate Change of Circumstances: Clearly outline any substantial changes that justify the modification request. This could include changes in income or other relevant life circumstances.
- Be Aware of Timeframes: Note that certain grounds for modification, like changes in income, apply only if the order was issued or modified after October 13, 2010.
- Consider Child Support Services: If applicable, check the box to apply for child support services from the Support Collection Unit. This can provide additional assistance in managing support obligations.
- Check for Previous Applications: Confirm that no other applications for the same relief are pending. This ensures that the court can address your request without conflicting claims.
- Review Adjustment Procedures: Understand that any new support order may be subject to cost of living adjustments, which will occur automatically after a specified period.
By following these key takeaways, individuals can navigate the process of modifying a support order more effectively.