The Colorado Modify Child form is a legal document used to request changes to an existing child support order. This form is essential for individuals who have experienced a significant change in circumstances, such as a change in income or the emancipation of a child. If you need to modify your child support arrangement, consider filling out the form by clicking the button below.
The Colorado Modify Child form is a crucial tool for parents seeking to adjust their child support obligations. This form allows individuals to either increase or decrease the amount of support they provide, depending on changes in their circumstances. To initiate this process, one must already have an existing court order for child support. A significant aspect of the modification process hinges on demonstrating a “substantial and continuing” change in circumstances, which typically refers to a 10% increase or decrease in the current support amount. Common reasons for modification include changes in income or the emancipation of a child. Additionally, if the original order lacks provisions for medical or dental support, a modification can be requested. However, it's important to note that lifestyle changes, such as acquiring new expenses, do not qualify for a modification. Once filed, any adjustments made to child support are retroactive to the date of the motion's submission. The court will review the case within 49 days, determining whether it will proceed to a hearing or be resolved based on the submitted documents. Understanding these key elements of the Colorado Modify Child form can empower parents to navigate the complexities of child support modifications more effectively.
INSTRUCTIONS TO FILE A MOTION OR STIPULATION
TO MODIFY CHILD SUPPORT
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.
GENERAL INFORMATION
Use these instructions if you already have obtained a Court order for Child Support and want to modify the amount (either to increase or decrease the amount paid).
Child support is calculated under statutory guidelines. If there has been a “substantial and continuing” change in circumstances, then you may file for a modification. The change in circumstances must amount to a 10% increase or decrease in the current child support order. Two examples of situations that may cause substantial and continuing change are:
a permanent, significant increase or decrease in the income of either party; and
the emancipation of a child when support is ordered for two or more children. If you are paying child support for one child who is currently emancipated and you wish to terminate child support, please complete the Motion to Terminate Child Support (JDF 1408).
You may also file for a modification if your current order does not contain a provision regarding medical/dental support, such as insurance coverage, payment for medical/dental insurance deductibles and co-payments, or unreimbursed medical/dental expenses.
Added expenses (such as a new car, house, etc.) do not qualify for a modification.
If the child support is modified, the change will be applied retroactively to the date of the filing of the Motion.
Within 49 days of the date your Motion is filed, the Court will review the matter and determine whether the case will be scheduled and resolved under the provisions of Colorado Rule of Civil Procedure 16.2(c) or will be handled based on the documents provided with no hearing.
For additional information, please review Colorado Revised Statute §14-10-122.
If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/Administration/HR/ADA/Coordinator_List.cfm
COMMON TERMS
Petitioner:
The person identified in the original Petition filed with the Court.
Co-Petitioner/Respondent:
Stipulation:
A written agreement prepared by both parties.
Service of Process:
The official means by which a party is notified that a document has been
filed against him/her and provided a copy of the document and a
Hearing Date:
description of the person’s rights and obligations as a party to the case.
The date that the Petitioner and Co-Petitioner/Respondent must appear in
Court to present evidence in support of the Motion.
Emancipation:
Emancipation occurs when the last or only child reaches the age of 19,
unless the child is still in high school, in which case support continues
until the end of the month following graduation; or until the child(ren)
otherwise emancipate as may be determined by the Court. Child support
may be changed or amended upon motion of a party when any of the
children reach 19. See §14-10-115(13), C.R.S. for exceptions.
May:
In legal terms, “may” is defined as “optional” or “can”.
Shall:
In legal terms, “shall” is defined as “required”.
If you do not understand this information, please contact an attorney. You may also contact the Family
Court Facilitator at your local courthouse, if one is available in your Judicial District.
JDF 1403 I R3-14 INSTRUCTIONS TO FILE A MOTION OR STIPULATION TO MODIFY CHILD SUPPORT
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©2014 Colorado Judicial Department for use in the Courts of Colorado
FEES
A filing fee of $105.00 is required, unless you are filing your motion/stipulation in a juvenile support case under Title 19, Article 6 or the motion/stipulation is being filed less than 60 days after the original decree or order is issued. If you are unable to pay, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the Court. Once you submit the completed JDF 205 form and a blank Order (JDF 206), the Court will decide if you need to pay the filing fee.
Other fees that a party to the case may encounter are as follows:
Response (Required, unless previous filing fee paid by party.)
Service Fees
Certification Fee
Copies of Documents (Documents on File)
Copies of Documents (Documents not on File)
$116.00
Varies (not payable through or to the Court) $20.00
$.75 per page or $1.50 if double sided $.25 per page or $.50 if double sided
FORMS
To access a form online go to www.courts.state.co.us and click on the “Forms” tab. The forms are available in PDF or Word format by selecting Domestic, Family Matters, Civil Unions - Modify Child Support. You may complete a form online and print or you may print it and type or print legibly in black ink. You may need all or some of these forms. Read these instructions carefully to determine what forms you need.
JDF 1104
JDF 1111
JDF 1117
JDF 1403
JDF 1404
JDF 1405
JDF 1820M
JDF 1821M
JDF 1822
Certificate of Compliance with Mandatory Financial Disclosure Sworn Financial Statement
Support Order
Verified Motion to Modify Child Support Stipulation Regarding Child Support Modification Order re: Modification of Child Support
Manual Child Support Worksheet A – Sole Physical Care Manual Child Support Worksheet B – Shared Physical Care Instructions for Completing Worksheets A & B – Manual
STEPS TO FILING YOUR MOTION OR STIPULATION
Selecting these instructions indicates that you are planning to file a motion or stipulation to modify child support. You must identify yourself as the Petitioner or Co-Petitioner/Respondent depending on your “title/role” in the original case. It is important to remember that your “title/role” in the case does not change based on who files the
motion or stipulation to reopen a case. The caption area below needs to be completed on all forms filed. Keep a
copy of each form for your own records and make a copy to provide to the other party.
Complete the steps identified below under Option 1 or Option 2 depending on if you plan to file a stipulation or a motion.
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__________________________________County, Colorado
Court Address:
In re:
The Civil Union of:
COURT USE ONLY
__________________________________________________________
____
Petitioner: and
Co-Petitioner/Respondent:
Attorney or Party Without Attorney (Name and Address):
Case Number:
Phone Number:
E-mail:
FAX Number:
Atty. Reg. #:
Division Courtroom
NAME OF FORM
Option 1: Stipulation to Modify Child Support. You have an existing order for child support and both parties agree that child support should be increased or decreased.
Step 1: Complete Forms.
Stipulation Regarding Child Support Modification (JDF 1404):
Please complete all sections of this form.
This form must be notarized or signed in the presence of a court clerk or Notary Public
If any addresses have changed since the original case was filed, please provide current address information to the Court in writing.
Send a copy of the Stipulation (JDF 1404) to the County Office of Child Support Enforcement if they are involved in your case. This is required.
Sworn Financial Statement (JDF 1111):
You must provide true and complete information to the Court about your assets, debts, and income. You can be assessed a fine or jailed for providing false information. In addition, your case can be reopened due to fraud.
The Financial Statement must contain current personal and financial information to determine whether the modification of child support is fair to each party. Failure of a party to file a Financial Statement may result in a refusal by the Court to enter an Order to Modify Child Support. The Court may impose sanctions against the party who does not file the required paperwork. Complete and file with the Court a Supporting Schedules for Assets (JDF 1111SS) only if applicable to your case.
Each party must complete his/her own Financial Statement and all sections must be completed.
The form must be signed in the presence of a Court Clerk or Notary Public.
Child Support Worksheet A or B:
Use the information from each of your Sworn Financial Statements to complete the appropriate worksheet. You have two options to complete the worksheet:
Automatic Calculation Option: New child support guidelines became effective on January 1, 2014.
To access the software for electronically calculating child support based on the new guidelines, go to www.courts.state.co.us – “Calculate Child Support/Maintenance” (you can also find a link to the new software at the top of the “Modify Child Support” page). If you are trying to calculate retroactive
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child support that was ORDERED prior to January 1, 2014, you will need to use the guidelines that were in effect at that time. You can also access the old Excel electronic worksheet (JDF 1820E).
Manual Calculation Option: Each worksheet is available in a MANUAL “M” format; you will need to obtain and calculate the Child Support Guidelines to determine your child support if you select this format. If you wish to use the Manual Worksheets, please review Instructions for Completing Worksheets A & B Manually (JDF 1822).
Worksheet A (JDF 1820M): Sole Physical Care. Physical Care for 273 nights or more per year. If one or more of your children spends at least 273 nights with one parent they are considered to have a primary home with that parent.
Worksheet B (JDF 1821M): Shared Physical Care. If one or more of your children spends more
than 92 nights per year with each parent, they are considered to have two homes (one at your residence and one at the other parent’s residence).
Split Care: If each parent has primary physical care of at least one of the children because that child or children reside with that parent the majority of the time, you have a split physical care situation. Each parent should complete a separate worksheet A for the child or children for whom he/she provides primary care.
Complete a Certificate of Service (JDF 1313) indicating that you have provided the other party with a copy of your completed Child Support Worksheet.
Order re: Modification of Child Support (JDF 1405):
Complete the caption only on this form.
The Magistrate or Judge will complete the remaining sections of this Order and give you and the other party a signed copy.
Step 2:
Pay the $105.00 filing fee, if applicable.
Provide the Court with the Stipulation and all other appropriate documents.
If your address has changed since you originally filed your case, please provide your current address to the Court in writing.
Provide the Court with a self-addressed stamped envelope to receive a copy of the Order. If a Court is mandatory e-file, self-addressed stamped envelopes may not be required.
Step 3: Court Review of Stipulation.
Within 49 days of the date a post decree matter is filed, the Court will review the matter and determine whether the Stipulation will be approved or not.
No hearing is required; however, the Court will use the Child Support Guidelines to review the adequacy of
child support order negotiated by the parties as well as the financial affidavits. You will receive a signed copy of the Order Re: Modification of Child Support.
If child support is modified, you will also receive an updated Support Order.
Remember, if you change the child support amount, you must also modify any income assignment to reflect that change.
Option 2: Motion to Modify Child Support. If you have an existing order for child support and both parties do not agree that child support should be increased or decreased.
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Verified Motion to Modify Child Support (JDF 1403):
Please complete all sections of this form. It is very important that you describe the change in circumstances to justify why you are requesting to modify child support.
This form must be signed in the presence of a Court Clerk or Notary Public
Make sure you have copies of all documents for the Court and the other party.
Send a copy of the Motion to Modify Child Support (JDF 1403) to the County Department of Human Services if they are involved in your case. This is required.
If your address or the other party’s address has changed since you originally filed your case, please provide your current address to the Court in writing.
Certificate of Compliance with C.R.C.P 16.2(e) (JDF 1104):
The purpose of this form is for each party to acknowledge to the Court that they provided the mandatory disclosure documents to the other party. This form must be filed with the Court within 42 days after the Post-Decree Motion involving financial issues was served on the other party.
Each party shall complete and file a Certificate of Compliance with the Court when the mandatory disclosures documents have been provided to the other party. If you did not provide all of the mandatory disclosure items, please state why on this form.
Complete all sections on this form.
Complete the Certificate of Service portion identifying the method selected to provide the other party with a copy of this document.
Send the other party the information you have identified on the form.
Use the information from each of your Sworn Financial Statements to complete the appropriate worksheet. You have two options to complete the worksheet.
To access the software for electronically calculating child support based on the new guidelines, go to www.courts.state.co.us – “Calculate Child Support/Maintenance” (you can also find a link to the new software at the top of the “Modify Child Support” page). If you are trying to calculate retroactive child support that was ORDERED prior to January 1, 2014, you will need to use the guidelines that were in effect at that time. You can also access the old Excel electronic worksheet (JDF 1820E).
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Support Order (JDF 1117):
Complete the caption and the sections about the parties and children.
If the Court ordered child support to be modified, the Magistrate or Judge will complete the remaining sections of the Support Order and give you and the other party a signed copy.
Provide the Court with the Motion and all other appropriate documents.
Step 3: Provide a Completed Motion to the Other Party.
You must provide a copy of the motion to all parties to the case.
Complete the Certificate of Service portion on the form. The purpose of the Certificate of Service is to notify the Court when and how you provided copies of the motion to all parties in the case. This is very
important, because the Court must have knowledge that all parties involved are aware of the motion prior to any Court action being taken. If the Department of Human Services – Office of Child Support Enforcement is involved with your case, provide a copy of the Motion to them as well.
Step 4: Court Review of Motion or Hearing.
Within 49 days of the date a post-decree matter is filed, the Court will review the matter and determine whether the motion will be approved or not.
The Judge or Magistrate will review all documents filed and enter an Order regarding your Motion to Modify Child Support based on the pleadings filed with the Court.
or
The Court may set the case for a hearing at which time both parties will have the opportunity to appear and make statements to the Court.
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Completing the Colorado Modify Child form requires careful attention to detail and adherence to specific instructions. Following the steps outlined below will help ensure that the form is filled out correctly and submitted properly.
Option 1: Stipulation to Modify Child Support
Option 2: Motion to Modify Child Support
Following these steps will help ensure that the Colorado Modify Child form is filled out correctly and submitted in a timely manner. Proper documentation and adherence to the outlined procedures are essential for a smooth process.
The Colorado Modify Child form is designed for individuals who wish to change an existing child support order. Whether the goal is to increase or decrease the amount paid, this form allows for modifications based on significant changes in circumstances, such as changes in income or the emancipation of a child.
A substantial change in circumstances must result in at least a 10% increase or decrease in the current child support order. Examples of such changes include a permanent and significant change in either party's income or the emancipation of a child when support is ordered for multiple children.
If you are currently paying child support for one child who is emancipated, you should complete the Motion to Terminate Child Support (JDF 1408) instead of the Modify Child form. This form specifically addresses the termination of support when a child reaches the age of 19 or graduates high school.
Yes, there is a filing fee of $105.00 unless you are filing in a juvenile support case or within 60 days of the original order. If you cannot afford the fee, you can submit a Motion to File without Payment along with a financial affidavit for the court's consideration.
Several forms may be required, including:
Each case may require different forms, so it's essential to review the instructions carefully.
Once filed, the court will review the motion within 49 days. The court will determine whether a hearing is necessary or if the case can be resolved based solely on the submitted documents. If modifications are granted, they will be applied retroactively to the date of filing.
If both parties do not agree on the modification, the filing of a Verified Motion to Modify Child Support is necessary. This form requires a detailed explanation of the changes in circumstances that justify the request for modification.
Yes, individuals can represent themselves in filing a motion or stipulation to modify child support. However, it is crucial to understand that you will be held to the same standards and rules as an attorney, so thorough preparation and understanding of the process are essential.
For more information, individuals can visit the Colorado Judicial Department's website or contact the Family Court Facilitator at their local courthouse. If you have a disability, you may also reach out to your local ADA Coordinator for reasonable accommodations.
Incomplete Forms: Many individuals submit forms that are not fully completed. Each section must be filled out accurately. Missing information can lead to delays or rejections of the modification request.
Failure to Provide Financial Statements: A common oversight is not including the required Sworn Financial Statement. This document is crucial for the court to assess the financial situation of both parties. Without it, the court may refuse to process the modification.
Not Justifying the Change: When filing a motion to modify child support, it’s essential to clearly explain the substantial change in circumstances. Vague or insufficient explanations can weaken your case and result in denial.
Ignoring the Deadline for Disclosure: Each party must file a Certificate of Compliance within 42 days after serving the post-decree motion. Missing this deadline can lead to complications or dismissal of the motion.
Failure to Notify of Address Changes: If either party has moved since the original case was filed, it is crucial to inform the court of the new address. Not doing so can hinder communication and affect the proceedings.
When seeking to modify child support in Colorado, several other forms and documents may be necessary to support your case. These documents help ensure that all relevant information is presented to the court and that the process runs smoothly. Below is a list of commonly used forms alongside the Colorado Modify Child form.
Utilizing these forms in conjunction with the Colorado Modify Child form can facilitate a more organized and effective modification process. It is important to ensure that all documentation is accurate and submitted timely to support your case.
The Colorado Motion to Modify Child Support form shares similarities with the Motion to Terminate Child Support. Both documents serve as formal requests to the court regarding child support obligations. While the Modify form seeks to adjust the existing support amount due to changes in circumstances, the Terminate form aims to end support altogether, typically when a child reaches the age of emancipation. Each form requires the filing party to demonstrate valid reasons for the request, ensuring that the court has sufficient information to make a fair decision.
Another related document is the Stipulation Regarding Child Support Modification. This form is used when both parents agree on changes to the child support arrangement. Similar to the Modify form, the Stipulation outlines the reasons for the requested changes. However, the key difference lies in the agreement aspect; the Stipulation indicates that both parties are on the same page, which can streamline the court's review process. The court is more likely to approve a Stipulation since it reflects mutual consent.
The Verified Motion to Modify Child Support is also comparable to the Modify form. Both documents require the filing party to detail the changes in circumstances that justify the modification request. However, the Verified Motion specifically necessitates a sworn statement, affirming that the information provided is true and accurate. This adds a layer of accountability and can strengthen the case presented to the court, ensuring that the judge has reliable information to consider.
The Sworn Financial Statement is another document that complements the Modify Child Support form. This statement provides a comprehensive overview of each party's financial situation, including income, assets, and debts. Like the Modify form, the Sworn Financial Statement is essential for determining whether a modification is warranted. Courts rely on this financial data to assess the fairness of the proposed changes, making it a critical component of the modification process.
The Child Support Worksheets, specifically Worksheet A and Worksheet B, are also relevant documents. These worksheets help calculate the appropriate amount of child support based on the financial information provided in the Sworn Financial Statements. Worksheet A is used when one parent has sole physical care of the child, while Worksheet B applies to shared physical care situations. Both worksheets are integral to the Modify Child Support process, as they provide a structured method for determining support amounts in line with statutory guidelines.
Lastly, the Certificate of Compliance with Mandatory Financial Disclosure is similar in its function to the Modify Child Support form. This certificate confirms that both parties have shared the necessary financial information with each other, which is crucial for the court's evaluation of the modification request. By ensuring transparency, this document supports the integrity of the modification process, aligning with the goals of the Modify Child Support form to achieve a fair and just outcome for all parties involved.
When filling out the Colorado Modify Child form, it's essential to approach the process carefully. Here are four important things to keep in mind:
Understanding the Colorado Modify Child Support form can be challenging, and several misconceptions often arise. Below is a list of common misunderstandings along with explanations to clarify the process.
By addressing these misconceptions, individuals can better navigate the process of modifying child support in Colorado.