VERIFIED PETITION & NOTICE OF MOTION

FOR MODIFICATION OF CHILD SUPPORT

Superior Court of New Jersey – [PLACEHOLDER] County

Chancery Division – Family Part

Docket No.: [PLACEHOLDER]
Civil Action

[PETITIONER’S FULL LEGAL NAME],
Petitioner,

v.

[RESPONDENT’S FULL LEGAL NAME],
Respondent.

Date of Filing: [PLACEHOLDER]
Return Date (if set by Clerk): [PLACEHOLDER]

[// GUIDANCE: Attach the court-generated Notice of Motion cover sheet, Confidential Litigant Information Sheet, and Proposed Order as separate exhibits in the same filing packet.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Relief Requested)
4. Representations & Warranties (Certifications)
5. Covenants & Restrictions (Ongoing Obligations)
6. Default & Remedies (Enforcement)
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties.
 a. Petitioner: [PETITIONER NAME], residing at [ADDRESS], hereinafter “Petitioner.”
 b. Respondent: [RESPONDENT NAME], residing at [ADDRESS], hereinafter “Respondent.”

1.2 Existing Order.
 Date of current Child Support Order: [MM/DD/YYYY] issued by this Court under Docket No. [PLACEHOLDER] (“Existing Order”).

1.3 Jurisdiction & Venue.
 This Court retains and exercises continuing, exclusive jurisdiction pursuant to N.J. Ct. R. 5:1-1 and N.J.S.A. 2A:34-23 to modify support for the minor child(ren) of the parties.

1.4 Effective Date Requested.
 Petitioner seeks modification effective [MM/DD/YYYY] or, alternatively, retroactive to the date of filing in accordance with N.J.S.A. 2A:17-56.23a.

2. DEFINITIONS

Unless the context requires otherwise, capitalized terms have the meanings set forth below:

“Child” or “Children” – The minor child(ren) of the parties: [CHILD NAME(S) & DOB(S)].

“Guidelines” – The New Jersey Child Support Guidelines, N.J. Ct. R. 5:6A & App. IX.

“Substantial Change” – A change in circumstances material to the support obligation, including but not limited to: (i) involuntary loss or significant reduction of income; (ii) significant increase in the needs of the Child; (iii) change in custody/parenting time; or (iv) passage of three (3) years since entry of the Existing Order, per App. IX-A §14 of the Guidelines.

“Support Order” – Any order of this Court requiring payment of child support, including the Existing Order as modified herein.

3. OPERATIVE PROVISIONS (RELIEF REQUESTED)

3.1 Grounds for Modification.
 Petitioner alleges a Substantial Change as follows (check all that apply):
 □ Involuntary job loss/reduction: From $[PRIOR GROSS INCOME] to $[CURRENT GROSS INCOME] effective [DATE].
 □ Increase in Respondent’s income: From $[PRIOR] to $[CURRENT] as of [DATE].
 □ Emancipation of [CHILD NAME] on [DATE].
 □ Change in custody/overnights to [NUMBER] overnights per Guidelines Worksheet attached hereto as Exhibit A.
 □ Other: [DESCRIBE].

3.2 Requested Modification.
 a. Recalculate child support pursuant to the Guidelines using the incomes and parenting-time allocation set forth in Exhibit A, resulting in a weekly obligation of $[NEW OBLIGATION].
 b. Direct prospective application from [EFFECTIVE DATE] and retroactive credit/arrears adjustment as permitted by N.J.S.A. 2A:17-56.23a.
 c. Continue wage garnishment through the New Jersey Family Support Payment Center pursuant to N.J.S.A. 2A:17-56.8 et seq.
 d. Allocate unreimbursed medical expenses per Guidelines percentages: Petitioner [ ]% / Respondent [ ]%.
 e. Award statutory interest on any arrears at the rate set by R. 4:42-11(a).

3.3 Child Support Guidelines Worksheet.
 Petitioner attaches a revised Worksheet (Exhibit A) and accompanying financial affidavits (Exhibit B) in compliance with R. 5:5-4(a).

4. REPRESENTATIONS & WARRANTIES (CERTIFICATIONS)

4.1 Truth & Accuracy.
 Petitioner certifies pursuant to R. 1:4-4(b) that all factual statements herein are true to the best of Petitioner’s knowledge, under penalty of perjury.

4.2 Duty to Supplement.
 Petitioner will promptly update the Court and Respondent of any material change in income or circumstances prior to disposition of this motion.

4.3 Compliance with Mandatory Disclosure.
 Petitioner has provided a current Case Information Statement (“CIS”) contemporaneously with this filing.

4.4 Survival.
 The certifications herein shall survive any interim order and remain binding throughout these proceedings.

5. COVENANTS & RESTRICTIONS (ONGOING OBLIGATIONS)

5.1 Financial Documentation.
 Each party shall produce the following within fourteen (14) days of service of this Petition:
 a. The most recent three (3) pay stubs;
 b. Prior two (2) years’ federal and state tax returns with all schedules;
 c. Year-to-date profit-and-loss statement if self-employed.

5.2 Exchange of Healthcare Information.
 Parties shall provide policy details and identification cards for any health insurance covering the Child within seven (7) days of an order modifying support.

5.3 Notice of Relocation or Employment Change.
 Each party shall notify the other and the Court in writing within ten (10) days of any change of address or employment status so long as the Support Order remains in effect.

6. DEFAULT & REMEDIES (ENFORCEMENT)

6.1 Events of Default.
 a. Failure to remit court-ordered support for more than two (2) consecutive payment periods;
 b. Failure to provide required financial documentation under §5.1; or
 c. Violation of any material term of a modified Support Order.

6.2 Notice & Cure.
 Upon default, the non-defaulting party may serve written notice specifying the default. The defaulting party shall have ten (10) days to cure, absent exigent circumstances involving the Child’s welfare.

6.3 Graduated Remedies.
 If uncured, the Court may, in addition to statutory remedies, order:
 i. Income withholding/wage garnishment escalation;
 ii. Interception of state/federal tax refunds;
 iii. Suspension of driver/professional licenses;
 iv. Civil contempt sanctions, including incarceration pursuant to R. 1:10-3.

6.4 Attorney Fees & Costs.
 The prevailing party may seek reasonable counsel fees per N.J.S.A. 2A:34-23 and R. 5:3-5(c).

7. RISK ALLOCATION

[Indemnification: Not Applicable]

7.1 Liability Cap.
 Obligor’s child support liability shall not exceed the percentages of available gross income contemplated by the Guidelines, absent a deviation finding on the record per App. IX-A §3.

7.2 Force Majeure.
 Temporary inability to pay due to disaster, serious illness, or other force majeure shall not constitute wilful default, provided the obligor promptly petitions for appropriate relief.

8. DISPUTE RESOLUTION

8.1 Governing Law.
 All matters are governed by the statutes, Rules of Court, and decisional law of the State of New Jersey relating to family actions.

8.2 Forum Selection.
 Exclusive jurisdiction lies with the Superior Court of New Jersey, Chancery Division, Family Part, [COUNTY] Vicinage.

8.3 Arbitration.
 Family-court arbitration is not available for Title IV-D child-support issues. See R. 5:5-6(b).

8.4 Jury Waiver.
 Pursuant to N.J. Const. art. VI, §III, cl. 3 and R. 5:1-2, matters of child support are heard without a jury.

8.5 Injunctive Relief.
 The Court retains power to issue immediate income withholding orders and other equitable remedies necessary to enforce support.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver.
 Any amendment to a Support Order must be in writing and entered by the Court; informal agreements are unenforceable. Waiver of any breach shall not constitute continuing waiver.

9.2 Assignment & Delegation.
 Support obligations are non-delegable and may not be assigned except as permitted by federal/state child-support enforcement statutes.

9.3 Successors & Assigns.
 Obligations herein bind the parties and their estates.

9.4 Severability.
 If any provision is deemed unenforceable, the remainder shall be given full effect to the extent possible.

9.5 Integration.
 Upon entry, the modified Support Order, together with any oral findings placed on the record, constitutes the entire order of the Court regarding child support.

9.6 Electronic Signatures.
 Electronic or facsimile signatures shall be deemed originals for filing purposes consistent with the New Jersey Rules of Court and the Electronic Court System guidelines.

10. EXECUTION BLOCK

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

[PETITIONER NAME]

Signature: _____
Date: [__]

[NOTARY BLOCK – OPTIONAL IF REQUIRED BY LOCAL PRACTICE]
State of New Jersey, County of [_]
Subscribed and sworn before me on this ___ day of ___ 20__,

Notary Public of New Jersey
My Commission Expires: ____

[// GUIDANCE: Confirm with the county clerk whether notarization is required for a Verified Petition; most vicinages accept R. 1:4-4(b) certification in lieu of a notary.]

CERTIFICATE OF SERVICE

I, [NAME], certify that on [DATE] I served a true copy of this Verified Petition & Notice of Motion, together with all exhibits, via [CERTIFIED MAIL / HAND DELIVERY / EFILING] upon:

1. [RESPONDENT or RESPONDENT’S COUNSEL NAME & ADDRESS]
2. Office of Child Support Services, if required.

Signature: _____
Date: [__]

[// GUIDANCE: Attach the following exhibits in logical order:
• Exhibit A – Proposed Child Support Guidelines Worksheet (Form W971)
• Exhibit B – Petitioner’s Case Information Statement (CIS)
• Exhibit C – Respondent’s prior income proof (if available)
• Exhibit D – Proposed Form of Order]

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