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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:

COMMON TERMS

⌦ Petitioner:

The person identified in the original Petition filed with the Court.

⌦ Co-Petitioner:

The person identified in the original Petition filed with the Court.

⌦ 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. This

can be completed by a process server, the sheriff, or a third party not

related to the case.

⌦ Hearing Date:

The date that the Petitioner and Co-Petitioner/Respondent must

appear in Court.

⌦ 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.

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 1403 I

R7/08

INSTRUCTIONS TO FILE A MOTION OR STIPULATION TO MODIFY CHILD SUPPORT

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Form Jdf 1403 I - Instructions To File A Motion Or Stipulation To Modify Child Support

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