The Colorado Modify Child form serves as a crucial legal document for individuals seeking to adjust child support obligations due to significant changes in financial circumstances or the emancipation of a child. This form is instrumental for either party wishing to alter the amount of child support, either increasing or decreasing it, under the condition of a "substantial and continuing" adjustment in circumstances. With an emphasis on ensuring that the child support reflects current financial realities, this document underscores the importance of adhering to legal guidelines and procedures in the pursuit of fair and equitable support adjustments.
Navigating through the complexity of modifying child support in Colorado can seem like an uphill battle for those unaccustomed to the legal system. Nevertheless, understanding the Colorado Modify Child Support form is pivotal for parents seeking adjustments due to significant changes in their financial circumstances or the needs of their child. This process, outlined by the state, provides a structured path for either increasing or decreasing child support payments. Usage of the form is appropriate when there's a "substantial and continuing" change that affects the financial arrangement specified in the original court order by at least 10%. Such changes may include considerable shifts in either parent's income or the needs of the child, including scenarios such as the emancipation of a child. Applicants are guided to meticulously document financial information and adhere to the detailed steps for filing, which includes the stipulation for those in mutual agreement and a motion for those facing contention. Additionally, the introduction of medical or dental support adjustment requests is sanctioned through this form. However, it's explicitly stated that lifestyle elevations, such as acquiring a new vehicle or home, don't qualify as a basis for modification. The retroactive application of adjustments from the filing date and the possible waiver of certain fees based on financial hardship encapsulate the flexibility and fairness instilled in the system. Critical to the success of this filing is a thorough compliance with mandated disclosures and the obligatory completion of various forms, each playing a vital role in the recalibration of child support obligations.
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 circumstances change significantly after a child support order has been established, either parent may find it necessary to request a modification of the support amount. This could be due to a substantial increase or decrease in income, changes in custody arrangements, or the emancipation of a child, among other reasons. Understanding how to navigate the process of requesting a modification is crucial for ensuring that child support payments remain fair and in the best interests of the child. Below you will find steps to guide you through the process of filing a motion or stipulation to modify child support in Colorado.
It's important to remember that any requested change in child support must be justified by a “substantial and continuing” change in circumstances, often quantified as a 10% increase or decrease in the amount of support under the current order. Diligently completing each step and submitting accurate, thorough documentation will help support your request for modification.
What constitutes a "substantial and continuing" change in circumstances for modifying child support in Colorado?
In the context of Colorado law, a "substantial and continuing" change in circumstances is defined as a situation that leads to at least a 10% alteration in the amount of child support as determined by current orders. This alteration could manifest through a significant increase or decrease in either party's income or the emancipation of a child, among other examples. Such changes must not be temporary but must reflect a new, enduring reality that justifies a modification of the child support amount.
Can expenses such as purchasing a new house or car be considered for child support modification?
No, expenses related to lifestyle choices, such as acquiring a new house or vehicle, do not qualify as grounds for modifying child support under Colorado law. The legal framework for child support focuses solely on the financial needs of the child and the financial ability of both parents to meet those needs, rather than the fluctuating personal or discretionary expenses of either parent.
How retroactive is the application of modified child support?
Once approved, any modification to child support will be applied retroactively to the date when the Motion to Modify Child Support was initially filed. This means that whatever changes are approved by the court will take effect from the filing date, ensuring that child support amounts reflect the financial situation from that point forward.
What if both parties agree to modify child support? Do we still need a court order?
Yes, even if both parties are in agreement regarding the modification of child support, their agreement must still be formalized through the court system. This is typically done by submitting a Stipulation to Modify Child Support, which both parties sign. The court then reviews the stipulation to ensure it complies with statutory guidelines and adequately serves the child's best interests before issuing a modified court order.
What happens if my address has changed since the original child support order?
If there has been a change in your address (or that of the other party) since the issuance of the original child support order, it is imperative that you inform the court in writing of your new address. This ensures that all parties involved can receive relevant court documents and communications effectively, preventing unnecessary delays or complications in the modification process.
Are there any financial disclosure requirements when filing for a modification?
Yes, both parties are required to submit a comprehensive Sworn Financial Statement when seeking a modification of child support. This statement provides the court with updated information about each party's financial situation, including assets, debts, and income. This document is crucial for the court's determination of whether the proposed modification is fair and appropriate based on the current financial circumstances of both parties.
What steps should be taken if one cannot afford the filing fees for a modification?
If the filing fee for a Modification of Child Support presents a financial hardship, an individual may file a Motion to File Without Payment and Supporting Financial Affidavit (JDF 205). This document requests a waiver or deferral of fees based on financial need. The court will review the affidavit and make a determination regarding the fee. If the waiver is granted, the individual will be able to proceed with the filing without immediate payment of the fee.
Individuals attempting to navigate the complexities of modifying child support in Colorado often encounter several common pitfalls. Understanding these mistakes can aid in avoiding potential delays and complications in the legal process. Here are six frequently made errors:
Avoiding these errors can lead toward a smoother and more efficient child support modification process. It is beneficial for individuals to approach this process with careful attention to detail and complete honesty in all documentation provided to the court.
When navigating the complexities of modifying child support in Colorado, several other forms and documents may be required to support the process effectively. These documents encompass various aspects of financial disclosures and court procedures, ensuring both parties are well-informed and the child's needs are adequately considered.
These documents collectively facilitate a thorough and fair review of child support modifications, ensuring the best interests of the child are a priority. Each form plays a crucial role in providing the court with accurate, up-to-date information, thus enabling informed decisions that affect the child's well-being. Navigating this process with care and attention to the required documents can significantly impact the outcome for all parties involved.
The Colorado Modify Child Support form shares similarities with several other legal documents in terms of structure, purpose, and required information. Notably, it bears a resemblance to both the Motion to Terminate Child Support and the Sworn Financial Statement forms. Each of these documents plays a crucial role in the process of modifying or managing child support within the legal framework of the Colorado Judicial System.
Firstly, the Motion to Terminate Child Support (JDF 1408) displays clear similarities in terms of its function. This form is used when there is a substantial change in circumstances, such as the emancipation of a child, which aligns with the reasons one might file a motion to modify child support. Both forms require detailed documentation of the change in circumstances and have a direct impact on the financial responsibilities of the involved parties. Additionally, each form mandates that filers adhere to Colorado's statutory guidelines for child support, ensuring that any modifications or terminations of support are made with legal and financial accuracy in mind.
The Sworn Financial Statement (JDF 1111) is similarly related, albeit more in terms of content than purpose. This form is essential for providing a comprehensive overview of the financial situation of a party seeking modification of child support. Detailed financial information is required, including assets, debts, and income. This level of detail mirrors the documentation needed for the Colorado Modify Child Support form, as accurate financial data is critical for calculating the appropriate amount of support. The Sworn Financial Statement ensures that the court has a clear understanding of each party's financial capacity, which is paramount in determining fair child support amounts.
When you're working on the Colorado Modify Child Support form, there are specific steps you should follow, and some pitfalls to avoid. Here's a guide to help you navigate the process smoothly:
5 Things You Should Do
Review your current situation thoroughly to assess if there has been a “substantial and continuing” change warranting a modification, such as a significant change in income or the emancipation of a child.
Gather all required documents before starting. This includes your current financial information and the existing child support order. Accurate and up-to-date information is crucial.
Fill out the forms completely and accurately. Missing or incorrect information can delay the process or affect the outcome of your request.
Check if you qualify for a filing fee waiver if you're unable to pay the filing fee. Complete the necessary forms to request this waiver.
Provide the court with a current address and other contact information. This ensures you’ll receive all correspondence related to your case.
5 Things You Shouldn't Do
Ignore the need for a complete financial disclosure. Not providing a full picture of your financial situation can lead to issues with your application, including sanctions from the court.
Assume expenses like a new car or house automatically qualify for a modification. Only changes that impact the financial needs of the child or the parents’ ability to pay are considered.
Forget to update income assignments if your child support amount changes. This could result in paying the wrong amount.
Miss the step to provide the other party and, if involved, the County Office of Child Support Enforcement with copies of the completed forms. This is a required step in the process.
Overlook the importance of submitting your forms on time. Timeliness is key to ensuring your modification is reviewed and implemented without unnecessary delay.
Following these dos and don'ts can help streamline the process of modifying child support in Colorado, making it smoother for everyone involved.
There are several common misconceptions about modifying child support orders in Colorado, particularly regarding the Colorado Modify Child Support form process. Addressing these misunderstandings is crucial for parties considering making changes to their child support arrangements.
Understanding the accurate process and requirements for modifying child support in Colorado is essential for those seeking to adjust their child support orders properly. Individuals are encouraged to consult with a legal professional or utilize court resources, such as the Family Court Facilitator, to navigate this process effectively.
When dealing with the Colorado Modify Child Support form, it's crucial to understand several key takeaways to ensure the process is handled accurately and efficiently. Here are six essential points to remember:
It is important to provide accurate and complete information throughout this process to avoid penalties, including fines or jail time, for providing false information. Additionally, if your address changes, make sure to inform the court in writing to ensure you receive all necessary communications regarding your case.
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