Overview
If you need to change or enforce a court order from your divorce, you must file a motion with the same court that issued the order.
A motion is a written request asking the judge to:
- Change something in your existing court order, or
- Make the other person follow the terms of the order.
Common Reasons to File a Motion
You can file a motion to:
- Increase or decrease child support payments
- Increase or decrease alimony or spousal support
- Change custody arrangements for a minor child
- Change visitation or parenting time
- Relocate children to another state
- Emancipate a child (end a child support obligation)
- Get reimbursement for medical expenses
- Enforce litigant’s rights (tell the court the other person isn’t following the order and ask the judge to make them comply)
How to Ask the Court to Change or Enforce an Order
You’ll need to complete and file several forms from the motion kit. You must also send a copy of everything you file to your ex-spouse.
Important: There are strict deadlines for picking a motion date, filing your papers, and serving the other party. Contact the Family Division in your county to confirm the correct dates and filing requirements.
7 Steps to File a Motion to Change or Enforce a Divorce Order
Complete all of the forms in the kit.
Fill out every form in the Family Multi-Purpose Post-Judgment Motion Packet.
- Contact the Family Division where your divorce was granted. Ask for a motion date that is at least one month away to allow time for filing and service.
- Make Copies
- Make 3 copies of all completed forms.
- Make 5 copies of the proposed order.
- Keep one copy for yourself.
- If Probation Services monitors child support in your case, make one extra copy for them.
- Redact Personal Information
Before submitting, black out personal identifiers (such as Social Security numbers) on the copies you’ll file with the court. - Include a $50 filing fee or a fee waiver request if you cannot afford the fee.
File the Documents
Option 1: File Electronically (Recommended)
Upload your forms using the Judiciary Electronic Document Submission (JEDS) system.
- JEDS is available 24 hours a day, 7 days a week.
- You can pay the $50 filing fee with a debit or credit card.
- If you cannot afford the fee, you may qualify for a fee waiver.
- You will receive a confirmation email when your submission is received.
Option 2: File by Mail
Mail your completed forms to the Family Division in your county courthouse.
- Keep one copy of each form for your records.
- Include a $50 check or money order made payable to:
Treasurer, State of New Jersey. - If you cannot afford the fee, you may qualify for a fee waiver.
- Use certified mail to confirm delivery.
- Mail or deliver one copy of everything you filed to your ex-spouse. They must receive the papers at least 24 days before the motion date.
Responding to a Motion
If your ex-spouse files a motion, you can respond by submitting a Certification to the court.
- Use the Certification form in the same motion packet.
- Attach any documents or evidence that support your statements.
- File your response within the required deadline.
Filing a Cross-Motion
You can also file a cross-motion if you want the court to take action on your behalf in addition to responding to your ex-spouse’s motion.
- File your Certification and Cross-Motion at least 15 days before the motion date.
- Send or deliver a complete copy to your ex-spouse.
If you filed a cross-motion, your ex-spouse can respond in writing no later than 8 days before the motion date.
Outcome of a Motion
A motion date is not a trial.
Most motions are decided “on the papers” — meaning the judge reviews written arguments and evidence without an in-person hearing.
Both parties can request oral argument in their motion papers if they want to appear before the judge to speak in person. However, it is up to the judge to decide whether an oral hearing is needed.
Even if a hearing occurs, the judge’s written decision may take several weeks.
When the motion is decided, both parties will receive a signed court order stating the judge’s decision for each issue.