By an earlier Notice to the Bar the Supreme Court published for comment proposed technical amendments to three Family Part Court Rules: Rule 5:4-4 ("Service of Process in Family Part Actions; Initial Complaints and Applications for Post-Dispositional Relief'); Rule 5 :5-3 ("Financial Statements and Case Information Statements in Summary Support Actions"); and Rule 5 :20-2 ("Summons"). No comments having been received, the Court by Order dated April 27, 2026 adopted the proposed amendments to be effective as of that date.
The amendment to Rule 5 :4-4 provides that Financial Statements in nondissolution (FD) matters are to be served by the court, consistent with amendments included in the Court's July 31, 2025 Omnibus Rule Amendment Order. The amendment to Rule 5:5-3 removes language requiring the filer to serve the other party in FD matters. The amendment to Rule 5 :20-2 deletes paragraph ( c) to align the rule with current service requirements as already set forth in paragraph (a) of Rule 5:20-2, specifically that a complaint-summons must be served by law enforcement within five days of its filing. The Court's order and the rule amendments are published with this Notice.
Questions regarding the amendments may be directed to Assistant Director for Family Practice Joanne M. Dietrich at Joanne.Dietrich@njcourts.gov.
It is ORDERED that the attached amendments to Rules 5 :4-4 ("Service of Process in Family Part Summary Actions; Initial Complaints and Applications for Post-Dispositional Relief'), 5 :5-3 ("Financial Statements and Case Information Statements in Summary Support Actions"), and 5 :20-2 ("Summons") of the Rules Governing the Courts of the State of New Jersey are adopted to be effective immediately.
Rule 5:4-4. Service of Process in Family Part Summary Actions; Initial Complaints and Applications for Post-Dispositional Relief.
(a) Manner of Service. Service of process within this State for Family Part summary actions, including initial complaints and counterclaims, [and] applications and cross-applications for post-dispositional relief, and all supporting documents including Financial Statements and Case Information Statements, shall be made in accordance with R. 4:4-4, R. 5:9A-2, or paragraph (b) of this rule. For initial complaints, substituted or constructive service of process outside this State may be made pursuant to the applicable provisions in R. 4:4-4 or R. 4:4-5. Family Part summary actions shall include all non-dissolution initial complaints and counterclaims; applications and cross-applications for post-dispositional relief; applications for post-dispositional relief under the Prevention of Domestic Violence Act; and all kinship legal guardianship actions. Applications for postdispositional relief shall replace motion practice in Family Part summary actions. The court in its discretion, or upon application of either party, may expand discovery, enter an appropriate case management order, or conduct a plenary hearing on any matter.
(b) Service by Mail Program. Service of process for Family Part summary actions may be effected as follows:
(1) Service by Mail. The Family Part shall mail all documents filed by the parties~ including the initial complaint, counterclaim, applications, crossapplication and all supporting documents including Financial Statements and Case Information Statements, simultaneously by both certified and ordinary mail to the mailing address of the adverse party provided by the filing party.
(2) Effective Service.... no change
(3) Ineffective Service.... no change
(4) Affidavit or Certification of Non-Military Service .... no change
(5) Vacating Defaults.... no change
(c) Diligent Inquiry in Family Part Summary Actions .... no change
(d) Enforcement of a Support Order.... no change
(e) General Appearance; Acknowledgment of Service .... no change
Note: Adopted July 10, 1998 to be effective September 1, 1998; paragraph (b) amended July 28, 2004 to be effective September 1, 2004; new paragraph (b )( 4) adopted, former paragraph (b )( 4) redesignated as paragraph (b )( 5), and paragraph ( c) amended June 15, 2007 to be effective September 1, 2007; caption amended, paragraph (a) amended, paragraph (b) caption and introductory text amended, subparagraph (b)(l) caption and text amended, subparagraph (b)(2), (b)(3), (b)(4) and (b )( 5) text amended, new paragraph ( c) caption and text adopted, former paragraph ( c) redesignated as paragraph ( d), former paragraph ( d) redesignated as paragraph ( e) and amended July 21, 2011 to be effective September 1, 2011; subparagraph (c)(l) amended July 29, 2019 to be effective September 1, 2019; paragraph (a) and subparagraph (b)(l) amended July 31, 2025 to be effective September l, 2025; paragraph {a) and subparagraph {b)(l) amended April 27, 2026 to be effective immediately.
Rule 5:5-3. Financial Statements and Case Information Statements in Summary Support Actions
(a) Filing of a Financial Statement. In any summary action in which support of a child is in issue, each party shall, on the filing of the initial pleading, [serve upon the other party and furnish] provide the court with a financial statement in a form prescribed by the Administrative Director of the Courts. The court shall use the information provided on the financial statement and any other relevant facts to set an adequate level of child support in accordance with R. 5 :6A. A current financial statement and any prior financial statements shall be filed when an application is filed for modification of child support.
(b) Filing of a Family Case Information Statement. ... no change
(c) Non-filing Parties .... no change
(d) Filing a Confidential Litigant Information Sheet. ... no change
Note: Source - R. (1969) 5:5-3(a). Adopted December 20, 1983, to be effective December 31, 1983; amended January 10, 1984, to be effective immediately; amended July 14, 1992 to be effective September 1, 1992; amended July 28, 2004 to be effective September 1, 2004; amended July 21, 2011 to be effective September 1, 2011; amended July 9, 2013 to be effective September 1, 2013; caption amended, text divided into paragraphs (a), (b) and (d), new paragraph (c) adopted, paragraph captions added, and new paragraphs (a) and (b) amended July 31, 2025 to be effective September 1, 2025; paragraph (a) amended April 27, 2026 to be effective immediately.
Rule 5:20-2. Summons
(a) Issuance and Service .... no change to text
(b) Form .... no change
[( c) Service. The summons shall be served in the manner provided by R. 4:4-4 upon the juvenile and the juvenile's parents or either of them or the juvenile's guardian or custodian, or by mailing it to their last known address.]
Note: Source-R.R. (1969) 5:8-4(a)(b)(c); 5:8-5(a)(b). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 30, 2021 to be effective September 1, 2021; paragraph {a) caption amended and paragraph {c) deleted April 27, 2026 to be effective immediately.
Document Date: May 5, 2026
Publish Date: May 6, 2026