District Court Denver Juvenile Court _________________________________ County, Colorado Court Address: In re: The Marriage of: Parental Responsibilities concerning: ______________________________________________________ Petitioner: and Co-Petitioner/Respondent: COURT USE ONLY Attorney or Party Without Attorney (Name and Address): Case Number: Phone Number: FAX Number: Division E-mail: Atty. Reg.#: Courtroom VERIFIED MOTION TO MODIFY CHILD SUPPORT PURSUANT TO §14-10-122, C.R.S. Note to Responding Party: If you disagree with this Motion, the Colorado Civil Rules of Procedure allow you to file a written response with the Court which must be filed within 15 days of the date this Motion was served on you or mailed to you. The Petitioner Co-Petitioner/Respondent states the following for the purpose of modifying child support. 1. Information about Petitioner: Date of Birth: __________________________ Current Mailing Address: __________________________________________________________________ City & Zip: ______________________________________________________________________________ Home Phone #: ___________________ Work Phone #: __________________ Cell #: __________________ 2. Information about Co-Petitioner/Respondent: Date of Birth: __________________________ Current mailing address: ___________________________________________________________________ City & Zip: ______________________________________________________________________________ Home Phone #: ___________________ Work Phone #: ___________________ Cell #: _________________ 3. The parties have ______ minor child(ren): Full Name of Child Present Address Sex Date of Birth 4. Under the current Support Order, the Petitioner has________ overnights per year with the children and the Co-Petitioner/Respondent has ________ overnights per year with the children. JDF 1403 R7/07 VERIFIED MOTION TO MODIFY CHILD SUPPORT PURSUANT TO §14-10-122, C.R.S. Page 1 of 3 American LegalNet, Inc. www.FormsWorkflow.com 5. Under the current child support order, the obligation is $ _________and is paid 6. Petitioner’s weekly Co-Petitioner’s/Respondent’s child support bi-weekly twice a month monthly Other: ________. (Check only if applicable.) The current support order does not contain a provision regarding medical insurance (medial, dental, and/or vision) coverage. 7. A change in the current Support Order is appropriate because of the following change(s) in circumstance(s). Please check the appropriate box. Day Care costs Change in Residence Change in Parenting Time Medical insurance coverage Change in Income Emancipation of a Child Other: ______________________________________________________ Describe why you are requesting the modification. _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 8. The new child support obligation that I am requesting is is not more than a 10% change from the current child support order. The proposed child support obligation should be $____________ to be paid bi-weekly twice a month monthly weekly Other: ________. 9. I/We have completed a child support worksheet that shows what the new child support obligation should be. The child support worksheet is is not attached to this Motion. 10. I/We have attached current Sworn Financial Statements to this Motion. 11. Is either party currently receiving public assistance? Name of Person Receiving Benefit Yes No If you checked Yes, answer the following: Name of County or State 12. Is either party receiving child support enforcement services. Yes ____________________________ (County) ______________________ (State). No If Yes, identify 13. Does either parent live in another state? Yes No If Yes, identify __________________________ (name of person) and ___________________________________ (City and State) they are currently living in. 14. (Check only if applicable.) I request a change in the current tax exemption because of the reallocation of the costs of raising the dependent children, pursuant to §14-10-115(12), C.R.S. JDF 1403 R7/07 VERIFIED MOTION TO MODIFY CHILD SUPPORT PURSUANT TO §14-10-122, C.R.S. Page 2 of 3 American LegalNet, Inc. www.FormsWorkflow.com I respectfully request that this Court enter an Order modifying the child support obligation as described above. Petitioner’s Co-Petitioner’s/Respondent’s VERIFICATION AND ACKNOWLEDGMENT I swear/affirm under oath that I have read the foregoing Motion and that the statements set forth therein are true and correct to the best of my knowledge. Date: __________________________ _____________________________________________ Petitioner or Co-Petitioner/Respondent ____________________________________________ Address ____________________________________________ City, State, Zip Code ____________________________________________ (Area Code) Telephone Number (home) ____________________________________________ (Area Code) Telephone Number (work) Subscribed and affirmed, or sworn to before me in the County of ______________________, State of __________________, this ___________ day of _______________, 20______. My Commission Expires: ___________________ ____________________________________________ Notary Public/Deputy Clerk CERTIFICATE OF SERVICE I certify that on ________________________ (date) the original and one copy of this document were filed with the Court; and, a true and accurate copy of the Verified Motion to Modify Child Support was served on the other party by: Hand Delivery, E-filed, Faxed to this number: _______________________, or by placing it in the United States mail, postage pre-paid, and addressed to the following: To: _______________________________________ _______________________________________ _______________________________________ ______________________________________ Your signature If the Child Support Enforcement Unit is involved in the case, you must provide them a copy of this Motion. JDF 1403 R7/07 VERIFIED MOTION TO MODIFY CHILD SUPPORT PURSUANT TO §14-10-122, C.R.S. Page 3 of 3 American LegalNet, Inc. www.FormsWorkflow.com 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 45 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/chs/court/ada/coordinators.htm COMMON TERMS ⌦ ⌦ ⌦ ⌦ ⌦ Petitioner: Co-Petitioner: Respondent: Stipulation: Service of Process: ⌦ Hearing Date: ⌦ May: ⌦ Shall: The person identified in the original Petition filed with the Court. The person identified in the original Petition filed with the Court. The person identified in the original Petition filed with the Court. A written agreement prepared by both parties. 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. This can be completed by a process server, the sheriff, or a third party not related to the case. The date that the Petitioner and Co-Petitioner/Respondent must appear in Court. In legal terms, “may” is defined as “optional” or “can”. 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. FEES A filing fee of $95.00 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 1403 I R7/07 INSTRUCTIONS TO FILE A MOTION OR STIPULATION TO MODIFY CHILD SUPPORT Page 1 of 5 American LegalNet, Inc. www.FormsWorkflow.com (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) $80.00 Varies (not payable through or to the Court) $15.00 $ .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 “Self-Help Center”. The packet/forms are available in PDF, WORD, or EXCEL by selecting Domestic - Modifying a Case. You may complete a form online 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 1820 & 1821 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 Child Support Worksheets - Instruction Page 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. District Court Denver Juvenile Court __________________________________County, Colorado Court Address: In re: The Marriage of: Parental Responsibilities concerning: ______________________________________________________________ Petitioner: and COURT USE ONLY Co-Petitioner/Respondent: Attorney or Party Without Attorney (Name and Address): Phone Number: FAX Number: Case Number: E-mail: Atty. Reg. #: Division Courtroom NAME OF FORM JDF 1403 I R7/07 INSTRUCTIONS TO FILE A MOTION OR STIPULATION TO MODIFY CHILD SUPPORT Page 2 of 5 American LegalNet, Inc. www.FormsWorkflow.com 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 your address has changed since you originally filed your case, please provide your current address 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: If you select this option, enter your information into the appropriate data fields of the EXCEL-based data sheet. The program will automatically select the correct Worksheet (A or B) and calculate child support for you. 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 1820E or 1820M): 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 1821E or 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. 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: You are Ready to File your Stipulation with the Court. Pay the filing fee of $95.00, if applicable. Provide the Court with the Stipulation and all other appropriate documents. Provide the Court with a self-addressed stamped envelope for each party to receive a copy of the Order. JDF 1403 I R7/07 INSTRUCTIONS TO FILE A MOTION OR STIPULATION TO MODIFY CHILD SUPPORT Page 3 of 5 American LegalNet, Inc. www.FormsWorkflow.com Step 3: Court Review of Stipulation. Within 45 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. 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 40 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): 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. JDF 1403 I R7/07 INSTRUCTIONS TO FILE A MOTION OR STIPULATION TO MODIFY CHILD SUPPORT Page 4 of 5 American LegalNet, Inc. www.FormsWorkflow.com Automatic Calculation Option: If you select this option, enter your information into the appropriate data fields of the EXCEL-based data sheet. The program will automatically select the correct Worksheet (A or B) and calculate child support for you. 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 1820E or 1820M): 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 1821E or 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 your spouse’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. 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: You are Ready to File your Motion with the Court. Pay the filing fee of $95.00, if applicable. Provide the Court with the Motion and all other appropriate documents. Provide the Court with a self-addressed stamped envelope for each party to receive a copy of the Order. 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 45 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. 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. JDF 1403 I R7/07 INSTRUCTIONS TO FILE A MOTION OR STIPULATION TO MODIFY CHILD SUPPORT Page 5 of 5 American LegalNet, Inc. www.FormsWorkflow.com