The Colorado Modify Child form is a legal document used to request changes to an existing child support order. This form allows individuals to seek either an increase or decrease in the support amount based on a significant change in circumstances. Understanding the proper procedures and requirements for filing this form is essential for ensuring that modifications are handled correctly by the court.
The Colorado Modify Child form serves as a vital tool for parents seeking to adjust child support payments following a change in circumstances. This form is applicable when there is already an existing court order for child support, and it allows parents to either increase or decrease the amount being paid. A modification can be pursued if there has been a substantial change in circumstances, typically defined as a 10% increase or decrease in the current support order. Common reasons for filing include significant changes in income or the emancipation of a child. Importantly, the form also addresses situations where the existing order lacks provisions for medical or dental support, which can be crucial for the child’s well-being. The process involves completing several forms, including a sworn financial statement and child support worksheets, to ensure that the court has a complete picture of each party's financial situation. Additionally, the court will review the submitted materials within 49 days to determine the next steps, which may include a hearing. Understanding the nuances of this form and the associated requirements is essential for any parent looking to navigate the complexities of child support modification in Colorado.
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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When navigating the process of modifying child support in Colorado, several forms and documents may accompany the Colorado Modify Child form. Understanding these documents can help ensure that you are fully prepared for the legal proceedings ahead. Below is a list of commonly used forms that you might need to consider.
Being familiar with these documents can streamline the modification process and help ensure that all necessary information is accurately presented to the court. Always remember to keep copies of all forms for your records and to provide the required documents to the other party involved in the case.
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After completing the Colorado Modify Child form, the next steps involve filing your motion or stipulation with the court. This process requires careful attention to detail, ensuring all necessary documents are filled out accurately and submitted in a timely manner. Proper completion of the forms is essential to avoid delays in the court's review.
Once filed, the court will review the stipulation or motion within 49 days. A signed copy of the order will be sent to both parties, confirming any modifications to child support.
The Motion to Terminate Child Support (JDF 1408) is closely related to the Colorado Modify Child form. This document is used when a party seeks to end child support payments, often due to the emancipation of a child. Similar to the modification process, it requires a demonstration of changed circumstances. However, the focus here is on the cessation of support rather than adjustment. Both forms necessitate a clear presentation of facts and may involve court approval, ensuring that the needs of the child remain prioritized.
The Verified Motion to Modify Parenting Time (JDF 1402) shares similarities with the Modify Child form in that both address changes in existing court orders. While the Modify Child form focuses on financial support, the Verified Motion deals with the allocation of parenting time. Each document requires the filing party to provide evidence of changed circumstances. Both forms aim to ensure that the best interests of the child are served, albeit through different aspects of family law.
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The Sworn Financial Statement (JDF 1111) is essential in both the Colorado Modify Child form and the Motion to Modify Child Support. This document requires detailed disclosure of financial information, including income, assets, and debts. Both processes demand transparency, as the court uses this information to make informed decisions regarding support modifications. Accurate and honest financial reporting is crucial in both scenarios to avoid potential legal repercussions.
The Certificate of Compliance with Mandatory Financial Disclosure (JDF 1104) is another document that aligns with the Modify Child form. This certificate confirms that both parties have shared necessary financial information. In the context of modifying child support, this ensures that the court has a complete understanding of each party's financial situation. Both documents emphasize the importance of full disclosure in family law cases, promoting fairness and informed decision-making.
The Child Support Worksheets A and B (JDF 1820M and JDF 1821M) are integral to the process of modifying child support. These worksheets calculate the appropriate amount of support based on custody arrangements and financial disclosures. They serve as tools for both parties to understand the financial implications of their situations. Just as the Modify Child form guides parties through the modification process, these worksheets provide clarity on the calculations involved in determining fair child support amounts.
The Motion to Modify Maintenance (JDF 1406) is similar to the Colorado Modify Child form in that both address modifications to existing financial obligations. While the Modify Child form pertains specifically to child support, the Motion to Modify Maintenance deals with spousal support. Each motion requires a showing of changed circumstances to justify the requested modification. Both processes involve court review and aim to ensure that financial responsibilities reflect current realities.
The Stipulation Regarding Child Support Modification (JDF 1404) is a collaborative document that complements the Colorado Modify Child form. When both parties agree to modify child support, this stipulation formalizes that agreement. Like the Modify Child form, it requires specific information about financial circumstances and must be filed with the court. This document emphasizes cooperation between parties while still adhering to legal standards, ensuring that the child’s best interests remain at the forefront.
The Colorado Modify Child form is used to request a modification of an existing child support order. It is applicable when there has been a substantial and continuing change in circumstances that justifies an increase or decrease in the child support amount.
A substantial and continuing change in circumstances may include a permanent, significant increase or decrease in the income of either party or the emancipation of a child when support is ordered for two or more children. A change must amount to at least a 10% increase or decrease in the current child support order.
To file a Motion or Stipulation, you must complete the appropriate forms, including the Verified Motion to Modify Child Support (JDF 1403) or the Stipulation Regarding Child Support Modification (JDF 1404). After completing the forms, submit them to the court along with any required fees and supporting documents.
The filing fee for a Motion or Stipulation to Modify Child Support is $105. However, this fee may be waived if you qualify for a fee waiver by submitting the Motion to File without Payment and Supporting Financial Affidavit (JDF 205).
You may need to complete several forms, including:
Ensure all sections are filled out completely and accurately.
Once filed, the court will review the motion or stipulation within 49 days. The court will determine whether a hearing is necessary or if the case can be resolved based on the documents submitted.
Yes, you may file for a modification if your current order does not address medical or dental support, such as insurance coverage or unreimbursed medical expenses. This is separate from the general child support amount.
If you cannot afford the filing fee, complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205). Submit this form along with a blank Order (JDF 206) to the court for a determination on whether the fee can be waived.
If applicable, you must send a copy of your motion or stipulation to the County Office of Child Support Enforcement. They may be involved in your case and need to be informed of any changes to the child support order.
When filling out the Colorado Modify Child form, it is crucial to follow specific guidelines to ensure a smooth process. Here are five important dos and don'ts: