Fill a Valid Colorado Modify Child Form

The Colorado Modify Child form is essential for parents seeking to alter the amount of child support, either increasing or decreasing, after a court order has already been established. It provides a structured approach for presenting one's case to the court, highlighting the necessity of a "substantial and continuing" change in circumstances that justifies the modification. The form outlines a clear process, backed by legal statutes, ensuring that those who opt to represent themselves are informed of the required steps and documentation.

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In addressing the complexities of modifying child support in Colorado, individuals find themselves navigating a structured process steeped in both legal protocol and financial scrutiny. The Colorado Modify Child form serves as a pivotal tool for those looking to adjust the terms of child support, thereby reflecting changes in either party's financial circumstances or the needs of the child. Embarking on this legal journey, one must first discern whether the modification sought is to increase or decrease the stipulated amount, grounded in the occurrence of a “substantial and continuing” change. Such changes range widely, from significant shifts in income to the emancipation of a child under the existing order. The process underscores the importance of accurate, up-to-date financial disclosure through mandated forms, emphasizing the consequences of providing false information. Additionally, it introduces parties to the concept of retroactive adjustments, tying the effective date of any modification back to the filing date of the Motion. Complicating matters further, the process bifurcates based on consensus between parties: a stipulation for those in agreement and a motion for those in contention. Understanding the subtleties of the child support modification process, including the requisite forms, filing fees, and potential need for legal or facilitative guidance, equips individuals with the necessary tools to advocate for their financial and familial futures.

Colorado Modify Child Example

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:	The person identified in the original Petition filed with the Court.
 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.
 Hearing Date:	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.

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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.

JDF 1403 I R3-14 INSTRUCTIONS TO FILE A MOTION OR STIPULATION TO MODIFY CHILD SUPPORT	Page 2 of 6
©2014 Colorado Judicial Department for use in the Courts of Colorado

__________________________________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.

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©2014 Colorado Judicial Department for use in the Courts of Colorado

You are Ready to File your Stipulation with the Court.

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.

JDF 1403 I R3-14 INSTRUCTIONS TO FILE A MOTION OR STIPULATION TO MODIFY CHILD SUPPORT	Page 4 of 6
©2014 Colorado Judicial Department for use in the Courts of Colorado

Step 1: Complete Forms.

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.

Sworn Financial Statement (JDF 1111):

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 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).

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).

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©2014 Colorado Judicial Department for use in the Courts of Colorado

You are Ready to File your Motion with the Court.

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.

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.

Step 2:

Pay the $105.00 filing fee, if applicable.

Provide the Court with the Motion 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: 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.

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.

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.

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©2014 Colorado Judicial Department for use in the Courts of Colorado

Click for PDF Form

Document Properties

Fact	Detail
Governing Law	The procedures and rules for modifying child support in Colorado are governed by Colorado Revised Statute §14-10-122.
Criteria for Modification	Modification of child support requires a "substantial and continuing" change in circumstances, quantified as a 10% increase or decrease in the current child support order. Examples include significant income changes and emancipation of a child.
Retroactive Application	Any modification to child support will be applied retroactively to the date the Motion to Modify Child Support was filed.
Court Review Process	Within 49 days of filing, the court will determine if the case will be resolved under Colorado Rule of Civil Procedure 16.2(c) or based on the submitted documents without a hearing.

Guide to Writing Colorado Modify Child

When planning to modify child support in Colorado, understanding the process and completing the necessary paperwork is crucial. Please note, the steps outlined below provide guidance for both stipulated agreements between parties and contested motions where the parties may not agree on the change to child support.

Option 1: Stipulation to Modify Child Support

Complete the Forms:
- Fill out the Stipulation Regarding Child Support Modification (JDF 1404), ensuring all sections are completed. This form must be notarized or signed before a court clerk or notary public. If addresses have changed since the original case, update the court in writing. Send a copy of the stipulation to the County Office of Child Support Enforcement if involved.
- Prepare a Sworn Financial Statement (JDF 1111) providing true and complete information about your financial situation. Include all assets, debts, and income. This form must also be signed before a court clerk or notary public. If applicable, complete the Supporting Schedules for Assets (JDF 1111SS).
- Use information from the financial statements to fill out the appropriate Child Support Worksheet A or B. You may choose the automatic calculation option available online at the Colorado Courts website or the manual option with instructions (JDF 1822).
File with the Court:
- Pay the $105 filing fee, if applicable.
- Submit the Stipulation (JDF 1404) and all other relevant documents to the court. Update your address with the court if it has changed.
- Provide the court with a self-addressed stamped envelope to receive a copy of the Order if required.
Court Review: The court will review the Stipulation within 49 days and issue a decision. No hearing is required. You'll receive a signed copy of the Order Re: Modification of Child Support.

Option 2: Motion to Modify Child Support

Complete the Forms:
- Complete the Verified Motion to Modify Child Support (JDF 1403), detailing the change in circumstances that justifies the modification request. This form must be signed in the presence of a court clerk or notary public.
- Fill out a Certificate of Compliance with Mandatory Financial Disclosure (JDF 1104) after sharing required financial documents with the other party.
- Prepare and sign a Sworn Financial Statement (JDF 1111) providing detailed financial information. Complete Supporting Schedules for Assets (JDF 1111SS) if applicable.
- Use the financial statements to complete the appropriate Child Support Worksheet A or B, choosing either the automatic calculation option provided by the Colorado Courts website or the manual method with guidance from Instructions for Completing Worksheets A & B Manually (JDF 1822).
File with the Court: Submit the completed Motion (JDF 1403), Certificate of Compliance (JDF 1104), Sworn Financial Statement (JDF 1111), Child Support Worksheet, and any other required documents to the court. Pay the $105 filing fee if applicable.

Both options require attention to detail and accurate representation of financial circumstances. It is advisable to keep copies of all forms and correspondence related to your case for your records. After filing, the court will review your submission and make a determination based on the information provided and in accordance with Colorado law.

Your Questions, Answered

What is the purpose of the Colorado Modify Child Support form?

The primary purpose of the Colorado Modify Child Support form is to either increase or decrease the amount of child support dictated by a previous court order. This is based on a "substantial and continuing" change in circumstances that justify the modification, such as significant changes in income or the emancipation of a child.

When can I file for a modification of child support?

You can file for a modification of child support when there has been a significant change in circumstances that persists. The change must result in at least a 10% increase or decrease in the amount of child support according to the statutory guidelines. Significant changes in the income of either party and the emancipation of a child when support is ordered for two or more children are common examples.

What does not qualify for a modification of child support?

Added expenses, such as purchasing a new car or house, do not qualify for a modification of child support. The modification must stem from a "substantial and continuing" change in the circumstances that were considered when the original child support order was established.

What happens if the child support is modified?

If the child support amount is modified, the change will be applied retroactively to the date the Motion to Modify Child Support was filed. The court will review and decide the case, possibly without a hearing, based on the documents provided by the parties involved. This process is in accordance with Colorado Rule of Civil Procedure 16.2(c).

Are there any fees associated with filing for a modification of child support?

Yes, there is a filing fee of $105.00 required for filing a motion or stipulation to modify child support, unless specific conditions apply, such as the motion/stipulation being filed in a juvenile support case under Title 19, Article 6, or within 60 days after the original decree or order. If you are unable to pay, you can complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) for the Court’s consideration.

What forms do I need to file for a modification of child support?

You may need several forms, including but not limited to the Stipulation Regarding Child Support Modification (JDF 1404), Sworn Financial Statement (JDF 1111), and the appropriate Child Support Worksheet (JDF 1820M for Sole Physical Care or JDF 1821M for Shared Physical Care). The specific forms required depend on your circumstances, and all forms are available online on the Colorado Judicial Department's website.

What is the process for modifying child support?

The process involves completing and submitting the necessary forms, including a financial statement and child support worksheets, to propose the new amount of child support. Both parties can agree to the modification through a stipulation or, if agreement cannot be reached, one party may file a motion to modify. The court will review the motion or stipulation, along with financial documents and child support calculations, to make a decision.

How does the emancipation of a child affect child support?

Emancipation of a child, typically when they reach the age of 19 or graduate from high school, whichever comes last, can be a reason to modify child support. If support was ordered for more than one child, and one child becomes emancipated, you must file a motion to modify the child support order accordingly. This process ensures that the support amount reflects the current responsibilities of the parties.

Common mistakes

Filling out the Colorado Modify Child Support form can be a complex process, and mistakes can have significant impacts. When people attempt to navigate this process, several common errors are made:

Failing to accurately report or update personal and financial information. It’s critical to provide current details about your income, assets, and debts.
Not providing a thorough explanation of the substantial and continuing change in circumstances that justifies the need for modification.
Overlooking the requirement to complete a Sworn Financial Statement (JDF 1111) and, if applicable, the Supporting Schedules for Assets (JDF 1111SS).
Incorrectly choosing between or inaccurately completing the Child Support Worksheet A (Sole Physical Care) or Worksheet B (Shared Physical Care).
Missing to send copies of the filed Motion or Stipulation and other relevant documents to the other party or to the County Office of Child Support Enforcement if they are involved.
Forgetting to include a Certificate of Compliance with Mandatory Financial Disclosures (JDF 1104) when financial information is a part of the motion or stipulation.
Neglecting to update the court and all involved parties with new contact information, including addresses, which can delay the process.
Not understanding that added expenses, such as a new car or house, do not justify a modification request.

It is also a common error not to realize the implications of the filing date. Once the motion is filed, any modification made will be retroactively applied to that date. Therefore, ensuring accuracy and completeness in the initial filing is very essential.

Furthermore, individuals often overlook the potential financial obligations and penalties for not complying with the rules or for providing inaccurate information. It is pivotal to understand that failing to accurately complete these forms can lead to serious consequences, including the possibility of being fined or jailed.

In addition to closely following the instructions and accurately completing the forms, it’s advisable for individuals to seek assistance when needed. This can include consulting with a legal professional or the Family Court Facilitator at their local courthouse. Understanding and navigating the legal system can be challenging, but avoiding these common mistakes can help ensure a smoother process for modifying child support.

Documents used along the form

When navigating the process of modifying child support in Colorado, various documents and forms beyond the initial modification request may need to be considered. This wide range of documents aids in providing a full picture of the financial circumstances of both parties, ensuring that any modification to child support payments is fair and reflective of current situations.

Certificate of Compliance with Mandatory Financial Disclosure (JDF 1104): This document confirms that both parties have shared required financial information, promoting transparency in the modification process.
Sworn Financial Statement (JDF 1111): A comprehensive overview of an individual's financial status, including assets, debts, and income, which helps in recalculating child support payments.
Support Order (JDF 1117): Outlines the details of the child support agreement, including payment amounts and schedules. It gets updated if modifications are approved.
Stipulation Regarding Child Support Modification (JDF 1404): A form used when both parties agree to the modification terms, subject to court approval.
Order re: Modification of Child Support (JDF 1405): The court's decision on the modification request, detailing the new terms of the child support agreement.
Manual Child Support Worksheet A – Sole Physical Care (JDF 1820M): Used to calculate child support when one parent has sole physical custody.
Manual Child Support Worksheet B – Shared Physical Care (JDF 1821M): Used for calculating child support in scenarios where custody is shared between parents.
Instructions for Completing Worksheets A & B – Manual (JDF 1822): Provides guidance on how to accurately fill out the manual child support worksheets.
Motion to File without Payment and Supporting Financial Affidavit (JDF 205): For individuals unable to afford the filing fees, this form and affidavit request a waiver of those costs.

Together, these documents play a critical role in ensuring the child support modification process is conducted fairly and accurately reflects each party's financial circumstances. The information they contain provides the court with the necessary details to make informed decisions that are in the best interests of the children involved. It's crucial for individuals considering a modification to familiarize themselves with these forms and seek guidance if needed to navigate the process smoothly.

Similar forms

The Colorado Modify Child Support form shares similarities with various legal documents designed to adjust or address family matters, particularly those related to financial obligations towards children. These similarities could range from the form's purpose, structure, required information, or the legal principles they embody. Understanding these resemblances can help in recognizing the broader framework of family law documentation and procedural continuity within the legal system.

Similar Document: Sworn Financial Statement (JDF 1111)
The Colorado Modify Child Support form is closely related to the Sworn Financial Statement (JDF 1111) in terms of their foundational role in determining financial obligations towards child support. Both documents require detailed disclosure of the petitioner’s financial situation, including income, expenses, assets, and debts. This comprehensive financial disclosure ensures that decisions regarding the modification of child support are made with a clear understanding of each party's financial capacity. Where the Modify Child Support form proposes adjustments to support based on new financial realities, the Sworn Financial Statement provides the crucial data that supports such modifications. The documents complement each other; the former initiates a change based on current financial conditions, while the latter offers the detailed financial snapshot necessary to justify these changes.

Similar Document: Child Support Worksheet (JDF 1820M/1821M)
Another key document similar to the Colorado Modify Child Support form is the Child Support Worksheet, available in two editions: Worksheet A (JDF 1820M) for Sole Physical Care and Worksheet B (JDF 1821M) for Shared Physical Care. These worksheets are employed to calculate the recommended amount of child support payments following Colorado's child support guidelines. They take into account various financial factors, including the parents' incomes, the number of children, and the cost of health insurance and childcare. Like the Modify Child Support form, these worksheets aim to ensure that child support payments reflect each parent's ability to pay and the best interests of the child. They complement the modification form by providing a formula-based approach to recalculating support payments in light of the financial disclosures and circumstances detailed in the modification request and the Sworn Financial Statement.

Similar Document: Order re: Modification of Child Support (JDF 1405)
The Order re: Modification of Child Support (JDF 1405) closely parallels the Colorado Modify Child Support form in its purpose to officially amend a child support order. While the Modify Child Support form serves as the request for such a change, detailing the reasons and evidence for why a modification is warranted, the JDF 1405 is the judicial response to that request. It embodies the court's final decision regarding the modification, outlining the new terms of the child support order. This document is integral to the process initiated by the Modify Child Support form; it is the culmination of the legal proceedings that begin with the modification request, effectively updating the child support obligations in alignment with the current circumstances presented and argued through the modification process.

Dos and Don'ts

When considering a modification to child support in Colorado, the following list provides a summary of do's and don'ts to ensure the process is handled effectively and legally.

Do:

Provide complete and accurate financial information on the Sworn Financial Statement (JDF 1111). Full disclosure is required and failure to do so may result in legal penalties.
Use the correct Child Support Worksheet (A or B) based on the custody arrangement, ensuring calculations are based on accurate and current financial data.
Ensure all forms are filled out legibly in black ink or typed to maintain clarity and prevent misunderstandings.
Include a detailed description of the substantial and continuing change in circumstances that justifies the modification request on the Verified Motion to Modify Child Support (JDF 1403).
Submit the motion or stipulation along with all required documentation and the appropriate filing fee, if applicable.
Keep a copy of all documents submitted to the court for your personal records and provide a copy to the other party involved.
Provide your current address to the court in writing if it has changed since the original case filing.

Don't:

Attempt to modify child support based on temporary circumstances or added personal expenses (e.g., a new car or house purchase).
Fail to file a Certificate of Compliance with Mandatory Financial Disclosures (JDF 1104), as this can delay the processing of your modification request.
Ignore the requirement to notify the County Department of Human Services if they are involved in your case when filing a motion to modify child support.
Submit incomplete forms or omit required attachments, as this may result in the rejection of your request for modification.
Overlook the importance of notarizing forms when required or signing them in the presence of a court clerk or Notary Public.
Forget to include a Certificate of Service documenting that the other party has been provided a copy of the documents filed with the court.
Assume the modification is approved without receiving an official Order re: Modification of Child Support from the court.

Misconceptions

When it comes to modifying child support in Colorado, there are several misconceptions that can create confusion. Understanding the truth behind these misconceptions is crucial for anyone looking to navigate the process effectively. Here are some common misunderstandings:

Misconception #1: Any change in financial situation allows for a modification of child support.

Truth: Only a “substantial and continuing” change that results in at least a 10% increase or decrease in the amount of child support qualifies for a modification. Examples include a significant change in income or the emancipation of a child.

Misconception #2: You can modify child support for increased living costs, such as buying a new house or car.

Truth: Added expenses for items like a new house or car do not qualify for child support modification under Colorado law.

Misconception #3: Modifying child support is instant once the motion is filed.

Truth: The modification is applied retroactively to the date of filing the motion, but the process includes a review period of up to 49 days after filing. Only then will the court decide whether to schedule a hearing or resolve based on the provided documents.

Misconception #4: The modification process is the same whether the parties agree or not.

Truth: The process differs significantly based on whether both parties agree to the modification. A stipulation can lead to a faster resolution without a hearing, whereas a disputed motion may require a more detailed process, including mandatory financial disclosures and possibly a court hearing.

Misconception #5: Filing a motion to modify child support also automatically modifies your income assignment.

Truth: If the child support amount changes, an income assignment must be separately modified to reflect the new amount.

Misconception #6: Modifications to child support can also address issues like parenting time or custody.

Truth: Modifications to child support are solely for adjusting the support amount. Issues related to parenting time or custody must be addressed through separate legal procedures.

Key takeaways

When attempting to modify child support orders in Colorado, understanding the process and requirements is crucial. Here are five key takeaways to consider:

A modification to child support amounts, whether an increase or decrease, can be filed if there has been a "substantial and continuing" change in circumstances. This is generally quantified as a 10% change in the current support order resulting from income changes or the child reaching emancipation.
The motion to modify child support needs to be properly documented, showcasing the change in circumstances. Documents such as the Verified Motion to Modify Child Support (JDF 1403) and the Sworn Financial Statement (JDF 1111) are essential. These forms help demonstrate the financial changes accurately and provide a clear basis for the modification request.
The process may involve completing and submitting various forms, including but not limited to the Motion/Stipulation to Modify Child Support (JDF 1403), Financial Statements, and the appropriate Child Support Worksheet (A for sole physical care or B for shared physical care). These forms are foundational in recalculating the support amount based on the new financial circumstances.
A filing fee is typically required unless specific conditions allow for exemption or waiver, such as financial hardship evidenced by the Motion to File without Payment and Supporting Financial Affidavit (JDF 205). It’s important for individuals to prepare for these costs or to understand the criteria for fee waivers.
Child support modifications are not automatic upon filing. The court reviews submitted documentation and decides based on Colorado’s child support guidelines. If the parties can't agree on the modification terms, a court hearing may be necessary to resolve the matter. Therefore, submitting accurate and comprehensive documentation is critical.

It’s also important for individuals to remember that the process and paperwork associated with modifying child support can be complex. Seeking assistance from a court facilitator or legal professional may be beneficial. Additionally, keeping copies of all submitted documents for personal records is advised for future reference.

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