PETITION TO MODIFY CHILD SUPPORT
[// GUIDANCE: Title must match Colorado Judicial Branch terminology. “Petition to Modify Child Support” is universally recognized in CO domestic relations practice.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Verification
- Certificate of Service
1. DOCUMENT HEADER
DISTRICT COURT, [COUNTY] COUNTY, STATE OF COLORADO
Court Address: [COURT ADDRESS]
In re the Marriage of:
Petitioner: [PETITIONER NAME],
and
Respondent: [RESPONDENT NAME].
Case No.: [CASE NUMBER]
Division: [DIVISION] Courtroom: [COURTROOM]
PETITION TO MODIFY CHILD SUPPORT PURSUANT TO C.R.S. § 14-10-122
Recitals
1. This Petition is filed pursuant to C.R.S. § 14-10-122 and C.R.S. § 14-10-115 (Colorado Child Support Guidelines).
2. An existing child support order was entered on [EXISTING ORDER DATE] (“Existing Order”).
3. The Petitioner alleges a substantial and continuing change in circumstances that results in a difference of at least ten percent (10%) in the child-support obligation, thereby meeting the statutory threshold for modification.
Effective Date & Jurisdiction
4. This Petition is effective upon filing and is governed exclusively by Colorado family law.
5. The District Court of [COUNTY] County, Colorado, has continuing, exclusive jurisdiction over the parties and subject matter under C.R.S. § 14-10-115(6).
2. DEFINITIONS
For purposes of this Petition:
“Child(ren)” means [CHILD FULL NAME(S) & DOB(S)].
“Existing Order” has the meaning set forth in Recital 2.
“Guidelines” means the Colorado Child Support Guidelines, C.R.S. § 14-10-115.
“Substantial and Continuing Change” means a change that would modify the existing support amount by ≥ 10% for a period expected to last at least six (6) months.
“Worksheet” means the Child Support Worksheet (Schedule A) attached hereto and incorporated by reference.
3. OPERATIVE PROVISIONS
3.1 Request for Modification
A. Petitioner requests that the Court vacate the Existing Order and enter a Modified Child Support Order in the amount of $[NEW SUPPORT AMOUNT] per month, commencing [EFFECTIVE DATE].
B. The amount stated herein has been calculated in strict compliance with the Guidelines; see Worksheet.
3.2 Basis for Modification
A. Income Change: [DESCRIBE CHANGES—e.g., involuntary job loss, change in income, or changed parenting time percentages].
B. Expense Change: [DESCRIBE—e.g., medical insurance premiums, extraordinary educational or medical costs].
C. Parenting Time Adjustment: [DESCRIBE IF APPLICABLE].
3.3 Conditions Precedent
Entry of the Modified Child Support Order is conditioned upon each party’s submission of complete, current Sworn Financial Statements (CRCP 16.2(e)(2)) and supporting documentation within fourteen (14) days of filing this Petition.
3.4 Continuing Obligation
Each party shall exchange updated income information annually on or before [ANNUAL DATE] to facilitate informal recalculation and minimize litigation.
[// GUIDANCE: 3.4 is a preventive covenant that reduces post-order disputes.]
4. REPRESENTATIONS & WARRANTIES
4.1 Petitioner’s Representations
(i) All financial information provided is true, correct, and complete to the best of Petitioner’s knowledge.
(ii) Petitioner has made full disclosure as required by CRCP 16.2.
4.2 Survival
The representations in § 4.1 survive entry of the Modified Child Support Order and are subject to the Court’s continuing jurisdiction for purposes of enforcement and contempt.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants
A. Each party shall promptly provide written notice to the other and to the Court of any change in address, employment, or income source within seven (7) days of such change.
B. Each party shall maintain accurate employment and income records for a minimum of three (3) years.
5.2 Negative Covenants
Neither party shall intentionally reduce income or manipulate employment status for the purpose of avoiding child support obligations.
5.3 Cure Period
Any breach of § 5.1 or § 5.2 must be cured within ten (10) days after written notice from the non-breaching party or risk contempt sanctions.
6. DEFAULT & REMEDIES
6.1 Events of Default
Failure to pay any support amount in full within seven (7) days of its due date constitutes an Event of Default.
6.2 Remedies
A. Immediate issuance of an Income Withholding Order pursuant to C.R.S. § 14-14-111.5.
B. Statutory interest on arrears pursuant to C.R.S. § 5-12-102 at 8% per annum, compounded annually.
C. Contempt of Court proceedings under CRCP 107.
D. Attorney fees and costs to the prevailing party per C.R.S. § 14-10-119.
7. RISK ALLOCATION
7.1 Liability Cap
Each party’s monetary exposure is capped at the statutorily calculated arrears plus interest; no further consequential or punitive damages are permitted.
7.2 Force Majeure
Obligations under the Modified Child Support Order are not suspended except as expressly authorized by C.R.S. § 14-10-122(5) (e.g., incarceration exceeding 180 days).
[// GUIDANCE: Force majeure rarely applies to support, but incarceration is specifically addressed in Colorado statutes.]
8. DISPUTE RESOLUTION
8.1 Governing Law
This matter is governed by the laws of the State of Colorado without regard to conflict-of-law principles.
8.2 Forum Selection
Exclusive venue lies with the District Court, [COUNTY] County, Colorado.
8.3 Arbitration
Arbitration is statutorily unavailable for child-support determinations in Colorado.
8.4 Jury Waiver
No jury trial is available in domestic-relations child-support proceedings.
8.5 Injunctive Relief
The Court retains authority to issue wage-garnishment and other equitable remedies necessary for enforcement.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver
Any amendment to the Modified Child Support Order shall be by written court order only; no informal agreements are valid unless adopted by the Court.
9.2 Assignment
Child-support rights are not assignable except as permitted by law for enforcement purposes (e.g., assignment to a county child-support enforcement unit).
9.3 Severability
If any provision herein is found unenforceable, the remaining provisions remain in full force provided that the fundamental support obligation is not impaired.
9.4 Integration
This Petition, together with the Worksheet and any attached exhibits, constitutes the entire request for relief.
9.5 Electronic Signatures
Signatures transmitted via facsimile, PDF, or DOCUSIGN-compliant platform shall be deemed originals pursuant to CRCP 121 § 1-26.
10. EXECUTION BLOCK
Respectfully submitted this ___ day of ____, 20__.
[PETITIONER NAME]
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]
[// GUIDANCE: If represented, insert attorney signature block compliant with CRCP 5(b)(1) and CRCP 121.]
11. VERIFICATION
I, [PETITIONER NAME], under penalty of perjury pursuant to C.R.S. § 13-90-109, verify that the statements in this Petition are true and correct to the best of my knowledge.
Signature of Petitioner Date
12. CERTIFICATE OF SERVICE
I hereby certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing Petition to Modify Child Support was served upon [RESPONDENT NAME or RESPONDENT’S COUNSEL] by [METHOD OF SERVICE PER CRCP 5].
Signature of Petitioner or Counsel
[// GUIDANCE: Attach “Schedule A – Child Support Worksheet” calculated under C.R.S. § 14-10-115. Ensure worksheet aligns with the numbers alleged in § 3.1.]
PRACTICAL NOTES FOR COUNSEL
• Double-check that a 10% deviation exists before filing; otherwise, the court will summarily deny.
• File updated Sworn Financial Statement (JDF 1111) and Child Support Worksheet (JDF 1820M or JDF 1821) concurrently.
• Consider simultaneous motion to modify income-withholding order if support amount changes.
• Confer with opposing counsel per CRCP 16.2(h) to expedite uncontested modifications.
[// GUIDANCE: Remove these notes before lodging the final court filing.]