How to Change a Custody or Support Order in New Jersey

The standard

In Bisbing v. Bisbing, 230 N.J. 309 (2017), the New Jersey Supreme Court said that a custody arrangement adopted by the trial court, whether based on the parties’ agreement or imposed by the court, is subject to modification based on a showing of changed circumstances, with the court determining custody in accordance with the best interests standard of N.J.S.A. 9:2-4. The FD modification kit puts it plainly: the court will change an order only if important facts or circumstances have changed since the order was issued.

For child support, Appendix IX-A, paragraph 23, says the court must find that the parties’ circumstances have changed since the order was entered before it uses the guidelines to modify an award, and that the adoption of revised guidelines is not by itself a basis for modification.

FD cases: the Application to Modify

If your docket number starts with FD, use the How to File a Request to Modify a Non-Dissolution “FD” Court Order Previously Issued by the Court (CN 11487) (revised 09/03/2019). Its Form A, the Application/Cross Application to Modify a Court Order, is used both by the person asking for a change and by the person responding with a cross application. In FD cases, applications for post-dispositional relief replace motion practice (R. 5:4-4(a)).

1. Form A. Copy the case title, docket number and CS number exactly as they appear on the order you want changed, and check every request you want heard. The form has items for changing custody or parenting time, establishing or changing support, terminating or continuing child support, enforcing support, relocating children out of state or opposing a relocation, and changing counties. Explain why you want the change and attach a copy of the order if you have it.
2. The other party’s address, or the Certification of Diligent Search (CN 11490) if you cannot find them.
3. Confidential Litigant Information Sheet (CN 10486).
4. Financial forms if support is involved. The Financial Statement for Summary Support Actions (CN 11223) to establish or change child support. Under R. 5:5-3(a), a current financial statement and any prior financial statements are filed with an application to modify child support.

The Judiciary lists a $25 fee for a modification request with CN 11487, payable by card on JEDS or by check or money order to the Treasurer, State of NJ, and a fee waiver is available.

FM cases: the post-judgment motion

If your case was a divorce (FM), use the Family Multi-Purpose Post Judgment Motion Packet (CN 10483) (revised 08/06/2020). It covers motions to change custody, parenting time or child support, emancipation, relocation, enforcement of litigant’s rights, and a cross-motion responding to any of them. Its forms include the Notice of Motion (Form A), Certification in Support of Motion (Form B), Proposed Order (Form C), Certification of Filing and Service (Form D), Notice to Litigants (Form E), Statement for the Probation Division (Form F) and Letter to the Clerk (Form G).

• Attach the order. A motion to enforce or modify a prior order or judgment must append a copy of it (R. 5:5-4(a)(3)).
• Support changes need Case Information Statements. A motion to modify or terminate child support, other than one based on retirement, must append the movant’s current Case Information Statement and the one filed with the order being changed. If the court finds a prima facie showing of a substantial change of circumstances or other good cause, it orders the other party to file a current statement (R. 5:5-4(a)(4)).
• Deadlines. The motion is served and filed at least 24 days before the return date; opposition and cross-motions at least 15 days before; and replies at least 8 days before. Add 3 days if you serve by mail (R. 5:5-4(c)).
• Page limits. Unless the court permits otherwise for good cause, certifications supporting a motion may not exceed 25 pages in total, and the same limit applies to opposition and cross-motion certifications; exhibits do not count (R. 5:5-4(b), (g)).
• Fee. The Judiciary lists a $50 fee for FM motions, with a fee waiver available.

When a plenary hearing is needed

A genuine and substantial custody dispute is screened for mediation under R. 1:40-5(a), as on an initial filing. In Bisbing, the Supreme Court remanded a contested relocation request for a plenary hearing. In FD cases, R. 5:4-4(a) lets the court conduct a plenary hearing on any matter, in its discretion or on either party’s application.

Primary sources

Rules and forms change. Check the current version at the source before you file. New Jersey statutes are published by the Legislature, and the Rules Governing the Courts by the Judiciary. Neither site offers a stable link to a single section, so statute and Court Rule links open the official search page; search there for the citation shown.

• Bisbing v. Bisbing, 230 N.J. 309 (2017)
• Appendix IX-A, paragraph 23, modification of support awards
• R. 5:4-4, post-dispositional applications in summary actions
• R. 5:5-3, financial statements
• R. 5:5-4, motions in family actions
• R. 1:40-5, custody mediation
• CN 11487, request to modify an FD court order
• CN 10483, Family Multi-Purpose Post Judgment Motion Packet
• NJ Courts, change a non-dissolution court order
• NJ Courts, post-judgment motions
• NJ Courts, steps for filing a post-judgment motion
• NJ Courts, modifying a divorce order