Colorado § 19-4-119 - Modification of judgment or order.

§ 19-4-119. Modification of judgment or order.

(1) The court has continuing jurisdiction to modify or revoke a judgment or order:

(a) For future education and support; and

(b) With respect to matters listed in sections 19-4-116 (3) and (4) and 19-4-118 (2); except that a court entering a judgment or order for the payment of a lump sum or the purchase of an annuity under section 19-4-116 (4) may specify that the judgment or order may not be modified or revoked.

(2) The court may modify an order of support only in accordance with the provisions of and the standard for modification in section 14-10-122, C.R.S.

(3) The trial court retains jurisdiction to modify an order concerning child support or concerning the allocation of parental rights and responsibilities based on a change in circumstances during the pendency of an appeal.

Source: L. 87: Entire title R&RE, p. 799, § 1, effective October 1. L. 90: (2) added, p. 892, § 16, effective July 1. L. 2021: (3) added, (HB 21-1031), ch. 116, p. 451, § 7, effective May 7.

Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-119 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

(2) Section 8 of chapter 116 (HB 21-1031), Session Laws of Colorado 2021, provides that the act changing this section applies to any request to modify an order appealed on, after, or before May 7, 2021.

Cross references: For the legislative declaration in HB 21-1031, see section 1 of chapter 116, Session Laws of Colorado 2021.

ANNOTATION

Unless an order specifically states that it is not subject to modification, a trial court may modify a lump-sum child support order. M.F. v. L.M., 780 P.2d 69 (Colo. App. 1989) (decided under former § 19-6-119 as it existed prior to the 1987 repeal and reenactment of this title).

Continuing jurisdiction of the trial court under this section allows appointment of a guardian ad litem even after the entry of permanent orders when deemed necessary by the court. Such appointment may be made on motion of a party or on the court's own motion; however, appointment of a guardian ad litem after the entry of permanent orders should not be done as a matter of course. In Interest of A.R.W., 903 P.2d 10 (Colo. App. 1994).

In paternity proceedings, juvenile court must make and modify permanent orders regarding parenting time in accordance with the Uniform Dissolution of Marriage Act, § 14-10-101 et seq. People in Interest of S.E.G., 934 P.2d 920 (Colo. App. 1997).