Support Forms
An explanation of the support-related forms and when to use them.
Form 4-5/5-1-d — Personal Information Form
When you use it:
This form goes with nearly every support or paternity petition. It has your contact and background info.
Example:
Whenever you file any support petition (like Forms 4-1 or 4-3), you also attach the Personal Information Form, so the court has your address, phone number, child information, and Social Security numbers.
Form 4-1 — Support Petition (Order Upon Support Agreement)
When you use it:
You and the other parent already agreed in writing on how much support is paid (you signed an agreement), and now you want the court to make it official.
Example:
You and the child’s other parent agree that one of you will pay $400 a month for child support, and both of you sign a written agreement. You file this petition so a support magistrate can turn your agreement into a legal court order.
Form 4-3 — Support Petition (Individual)
DIY Form Available! Use this program to generate the petition based on your answers to simple questions.
When you use it:
Child Support: You are the custodial parent who takes care of the child most of the time, and the other parent hasn't been paying child support (or there is no court order yet) and you want the court to set a child support amount and make the other parent pay.
Spousal Support: You are currently married, and your spouse isn't giving you money to help with family bills, and you want the court to order your spouse to give you money while you are still married.
Note: Spousal support cases can be filed in the same petition as child support or by itself.
Child Support Example:
The other parent hasn’t been paying, or you never agreed on a support amount. You fill out this form asking the court to set support based on income, needs, etc.
Spousal Support Example:
Party A and Party B are still legally married but living apart. Party A has not given Party B money to help with rent or bills. Party A fils out Form 4-3 asking Family Court to order Party B to pay support while they remain married.
Form 4-3c — Support Petition (Adult Dependent)
DIY Form Available! Use this program to generate the petition based on your answers to simple questions.
When you use it:
You use this form when you want the court to require someone (usually a parent) to help support a young adult with a disability who cannot take care of themselves financially.
Example:
You live with your son, who is 24 years old and has a serious developmental disability. He cannot work or take care of himself. You want his other parent to help pay for his living expenses. You file Form 4-3c so the court can decide to order that person to pay support for your son.
Form 4-11 — Petition for Modification of an Order of Support
DIY Form Available! Use this program to generate the petition based on your answers to simple questions.
When you use it:
You use Form 4-11 when you already have a child support order from a court (Family Court, Supreme Court, or another court), and something has changed in a big way since that order was made. You are asking the court to change (modify) that existing support order.
Example:
The support order was made a few years ago, and since then, your income went up (or went down) by a lot. You file this form to explain how things have changed and ask the judge to adjust (change) the support amount.
Form 4-12 — Petition (Violation of Support Order)
DIY Form Available! Use this program to generate the petition based on your answers to simple questions.
When you use it:
You use Form 4-12 when there is already a support order and the person who is supposed to pay isn’t following it. This form asks the court to decide if the other parent has violated (broken) the support order.
Example:
There’s a court order saying the other parent must pay $300 each month, but they haven’t paid in six months. You file Form 4-12 to tell the court they didn’t obey the order.
Important warning (on the form)
- This form includes a warning for the person who didn’t obey the order:
- If the court finds that person willfully refused to pay (meaning they could pay but chose not to), the judge might hold them in contempt, which could include jail time.
- This part is serious, so the court will set a hearing where both sides can explain what happened.