Table of Contents
The Colorado Modify Child form serves as a vital resource for individuals seeking to adjust existing child support orders. This form is particularly relevant for those who have already obtained a court order and are experiencing significant changes in their financial circumstances. Such changes may include a substantial increase or decrease in income, or the emancipation of a child. The form allows parents to request modifications to the amount of child support, ensuring that the financial support provided aligns with current needs and circumstances. Additionally, it addresses situations where the existing order lacks provisions for medical and dental support, which can be crucial for a child's well-being. When completing the form, it is important to note that changes will be applied retroactively to the date of filing, and the court will review the motion within a specified timeframe. The process requires careful attention to detail, including the submission of various supporting documents, such as financial statements and child support worksheets. Understanding the steps involved in filing this motion is essential for parents navigating the complexities of child support modifications in Colorado.
Key takeaways
- Eligibility: The form is intended for individuals who already have a court order for child support and wish to modify the amount due to a substantial change in circumstances, such as a significant income change or the emancipation of a child.
- Filing Fee: A filing fee of $105.00 is generally required, though exceptions exist for juvenile support cases or if filed within 60 days of the original order.
- Documentation: Accurate financial disclosure is crucial. Each party must submit a Sworn Financial Statement, which outlines their assets, debts, and income. Failing to do so may lead to sanctions.
- Retroactive Changes: If the court approves a modification, the changes will be applied retroactively from the date the motion was filed.
- Stipulation vs. Motion: If both parties agree on the modification, a stipulation can be filed. If they disagree, a motion must be submitted, clearly detailing the reasons for the requested change.
- Worksheet Requirement: Completing the appropriate Child Support Worksheet (A or B) is necessary. This worksheet helps calculate the new child support amount based on the updated financial information.
- Court Review: The court will review the submitted documents within 49 days of filing. A hearing may not be required if the documentation is sufficient for the court's decision.
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Dos and Don'ts
When filling out the Colorado Modify Child form, it is essential to follow certain guidelines to ensure your submission is complete and correct. Here are seven things to do and avoid:
- Do provide accurate and complete information about your financial situation in the Sworn Financial Statement.
- Do ensure that all required forms are filled out and signed in the presence of a Court Clerk or Notary Public.
- Do include a copy of the Stipulation or Motion to the County Department of Human Services if they are involved in your case.
- Do keep copies of all submitted documents for your records and for the other party.
- Don't forget to file the Certificate of Compliance with C.R.C.P 16.2(e) within the required timeframe.
- Don't provide false information on any forms, as this can lead to serious legal consequences.
- Don't submit the forms without checking for any required signatures or notarizations, as incomplete submissions may be rejected.
File Specs
| Fact Name | Description |
|---|---|
| Purpose | This form is used to request a modification of an existing child support order in Colorado. |
| Eligibility | A modification can be requested if there is a substantial and continuing change in circumstances, defined as a 10% increase or decrease in income. |
| Examples of Change | Changes that may qualify include a significant income change or the emancipation of a child. |
| Medical Support | A modification can also be sought if the current order lacks provisions for medical or dental support. |
| Filing Fee | A filing fee of $105 is required unless specific conditions apply, such as filing within 60 days of the original order. |
| Retroactive Application | If the child support amount is modified, the change is applied retroactively to the date the motion is filed. |
| Legal Reference | The modification process is governed by Colorado Revised Statute §14-10-122. |
| ADA Accommodations | Individuals with disabilities can request reasonable accommodations through their local ADA Coordinator. |