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In the context of family and civil court matters, the importance of transparency and full disclosure cannot be overstressed. An exemplary model of such a requirement is the JDF 1104 form, a seminal document emanating from the Colorado Judicial Department. Its primary aim is to certify the completeness and accuracy of financial disclosures in proceedings related to marriage dissolution, civil unions, and parental responsibilities. The form mandates respondents or petitioners to attest to having furnished all required financial documents to the opposing party. This includes, but is not limited to, sworn financial statements, tax returns, employment benefits, and any documents pertaining to children's expenses. The rule underlying this form, Rule 16.2(e)(7) of the Colorado Rules of Civil Procedure, illustrates the judiciary's commitment to ensuring fair play and transparency in such emotionally and financially taxing processes. Furthermore, the form requires details of the mode of delivery of these disclosures to the other party, underlining the procedural diligence expected from involved parties. Not only does this process aim to mitigate disputes stemming from undisclosed or misrepresented financial matters, but it also aspires to foster an environment of trust and integrity within the courtroom. In essence, the JDF 1104 form plays a pivotal role in the Colorado judicial system's broader efforts to ensure equity and straightforwardness in familial and civil union cases.

Preview - Jdf 1104 Form

____________________________________________________________________________________
I hereby certify that, to the best of my knowledge, the disclosures I have made are complete and correct as of this
date._________________________________________________
Petitioner/Co-Petitioner/Respondent Signature Date
_________________________________________________
Attorney Signature, if anyDate
You must complete the Certificate of Service below:
CERTIFICATE OF SERVICE

District Court Denver Juvenile Court

__________________ County, Colorado

Court Address:

In re:

The Marriage of: The Civil Union of:

Parental Responsibilities concerning:

Petitioner:

 

 

COURT USE ONLY

and

 

 

 

Co-Petitioner/Respondent:

 

 

 

Attorney or Party Without Attorney (Name and Address):

Case Number:

Phone Number:

E-mail:

Division

Courtroom

FAX Number:

Atty. Reg. #:

CERTIFICATE OF COMPLIANCE WITH MANDATORY FINANCIAL DISCLOSURES

*****EACH PARTY MUST COMPLETE AND FILE THIS FORM WITH THE COURT*****

I, the Petitioner Co-Petitioner/Respondent (check one) hereby certify that I have sent the other party the following Mandatory Disclosures as required by Rule 16.2(e)(7) of the Colorado Rules of Civil Procedure.

See JDF 1125: Mandatory Disclosure Form 35.1 for explanation on what is required by the disclosures being listed.

Check those that you have furnished to the other party. (Note: Only the Sworn Financial Statement and Child

Support Worksheet should be filed with the Court.)

Sworn Financial Statement

Retirement Plans

Income Tax Returns (most recent 3 years)

Bank/Financial Institution Accounts

Personal Financial Statements (last 3 years)

Income Documentation (Pay Stubs, etc.)

Business Financial Statements (last 3 years)

Employment and Education Related child

Real Estate Documents (Appraisal, Title, etc.)

Care Documentation

Personal Debt (Loans, Title, Credit Card Statements, etc.)

Insurance Documentation

Investments

Extraordinary Children’s Expense

Employment Benefits

Documentation

If I have not provided information, it is because:

 

 

 

I certify that on _______________________ (date) a true and accurate copy of the CERTIFICATE OF COMPLIANCE WITH

MANDATORY FINANCIAL DISCLOSURES 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)

JDF 1104 R6/2016 CERTIFICATE OF COMPLIANCE WITH MANDATORY FINANCIAL DISCLOSURES © 2016Colorado Judicial Department for use in the Courts of Colorado

Form Data

Fact Number Fact Name Description
1 Form Purpose The JDF 1104 form is used for certifying compliance with Mandatory Financial Disclosures in Colorado legal proceedings related to marriage, civil unions, or parental responsibilities.
2 Governing Law This form is governed by the Colorado Rules of Civil Procedure, specifically Rule 16.2(e)(7).
3 Completion Requirement Each party involved in the legal proceeding must complete and file this form with the court.
4 Disclosure Items Items for disclosure include Sworn Financial Statements, Retirement Plans, Income Tax Returns, Bank Accounts, Personal and Business Financial Statements, Employment and Child Care Documentation, Real Estate Documents, Personal Debt, Insurance, Investments, Employment Benefits, and Extraordinary Children's Expenses.
5 Non-Filed Items With the exception of the Sworn Financial Statement and Child Support Worksheet, the listed disclosure items should not be filed with the Court.
6 Service Methods The form can be served on the other party via Hand Delivery, E-filing, Fax, or by U.S. Mail.
7 Signatory Requirement Both the party completing the form and, if applicable, their attorney must sign the form.
8 Certificate of Service Completion of the Certificate of Service section is required, indicating how and when the form was served on the other party.
9 Form Edition The form referenced is the June 2016 revision (R6/2016) of the JDF 1104.

Instructions on Utilizing Jdf 1104

Understanding and completing legal forms accurately is crucial to ensure the smooth progress of legal proceedings. The JDF 1104 form is a necessary step in the legal process, requiring individuals to certify that they have made comprehensive and truthful financial disclosures. This form plays a critical role and must be filled out diligently. Below are the steps you need to follow to properly complete the JDF 1104 form.

  1. Start by reading the entire form carefully to understand what is required. This will help you gather all necessary information before you begin filling it out.
  2. Identify your role in the case by checking the appropriate box at the beginning: either Petitioner, Co-Petitioner/Respondent.
  3. Fill in the court information, including the county and court address, under the "CERTIFICATE OF SERVICE" section.
  4. Specify the nature of the court case by checking the appropriate box: The Marriage of, The Civil Union of, or Parental Responsibilities concerning.
  5. Enter the names of the Petitioner and Co-Petitioner/Respondent as specified.
  6. Provide your attorney’s information or your own if you are representing yourself. This includes name, address, phone number, e-mail, fax number, and Attorney Registration Number, if applicable.
  7. Under the "CERTIFICATE OF COMPLIANCE WITH MANDATORY FINANCIAL DISCLOSURES" section, check the box that corresponds with your role in the case.
  8. Review the listed mandatory disclosures as per Rule 16.2(e)(7) of the Colorado Rules of Civil Procedure, checking each item you have furnished to the other party. Note the reminder that only the Sworn Financial Statement and Child Support Worksheet should be filed with the Court.
  9. If any information has not been provided, explain why in the space provided.
  10. Certify the date you served the other party with these disclosures, selecting the method of delivery used: Hand Delivery, E-filed, Faxed, or United States mail.
  11. Complete the service section by entering the full name and address of the party served.
  12. Sign and date the form in the designated area at the bottom.
  13. Remember to also get the attorney’s signature and date, if an attorney is involved in your case.

Once you've accurately filled out the JDF 1104 form, review it to ensure all information is correct and complete. Submit the form to the court as required, maintaining a copy for your records. It's essential to adhere to the court's deadlines for submitting this form to prevent any delays in your case. Filling out the form correctly and on time is a vital step in complying with mandatory financial disclosure requirements, ensuring a fair and just process for all parties involved.

Obtain Answers on Jdf 1104

  1. What is the JDF 1104 form used for in Colorado?

    JDF 1104, known as the Certificate of Compliance with Mandatory Financial Disclosures, plays a pivotal role in Colorado's legal proceedings regarding domestic relations cases. This form certifies that an individual — either the petitioner, co-petitioner, or respondent in a case — has provided the opposing party with all required financial information as mandated by Rule 16.2(e)(7) of the Colorado Rules of Civil Procedure. The form is utilized in various situations, such as dissolution of marriage (divorce), allocation of parental responsibilities, and civil union cases. Its primary function is to ensure transparency and fairness by facilitating the exchange of comprehensive financial data between parties, which is crucial for the equitable resolution of the case.

  2. What are the mandatory disclosures required to be made with the JDF 1104 form?

    The JDF 1104 form necessitates the disclosure of a broad range of financial information to ensure both parties have a clear understanding of each other's financial circumstances. Mandatory disclosures include:

    • Sworn Financial Statement
    • Retirement Plans
    • Income Tax Returns for the most recent three years
    • Bank and other Financial Institution Accounts
    • Personal Financial Statements for the last three years
    • Income Documentation, such as Pay Stubs
    • Business Financial Statements for the last three years
    • Employment Benefits Documentation
    • Real Estate Documents, including appraisals and title documents
    • Personal Debts documentation including loans and credit card statements
    • Insurance Documentation
    • Investments documentation
    • Education-related childcare and extraordinary children's expenses

    These disclosures offer a comprehensive overview of an individual's financial health and obligations, essential for making informed decisions during legal proceedings.

  3. How should the JDF 1104 form be submitted to the court?

    Significantly, while the JDF 1104 form itself must be completed and filed with the court, the detailed financial documents enumerated within the form should not be filed with the court but instead must be provided directly to the other party involved in the case. Only the Sworn Financial Statement and, if applicable, the Child Support Worksheet are required to be filed with the court. Upon completing the JDF 1104, the filing party must serve a copy of this certificate to the opposing party using one of the approved methods of service, such as hand delivery, e-filing, fax, or traditional mail, and thereby certify that service in the pertinent section of the form.

  4. What happens if the required financial disclosures are not made with the JDF 1104 form?

    The omission of the necessary financial disclosures delineated in the JDF 1104 form can have serious repercussions for the party in default. Failure to comply with mandatory disclosure requirements can lead to court sanctions, delays in the proceedings, and the possibility of a court order compelling compliance. Furthermore, withholding or misrepresenting financial information can adversely affect the outcome of the case for the non-compliant party, as courts rely on this information to make equitable decisions regarding property division, alimony, child support, and other financial matters. Therefore, full transparency and diligence in completing the JDF 1104 form are crucial for the smooth progression and fair resolution of domestic relations cases.

Common mistakes

Filling out the JDF 1104 form, which is essential for meeting the mandatory financial disclosure requirements in Colorado family law cases, can be daunting. Errors can delay proceedings or affect the outcome. Here are common mistakes individuals often make during this process:

  1. Not fully completing the form. All sections must be filled out accurately to ensure compliance with Rule 16.2(e)(7) of the Colorado Rules of Civil Procedure.

  2. Forgetting to check the appropriate box at the top to indicate whether they are the Petitioner, Co-Petitioner, or Respondent. This information is crucial for correctly identifying parties involved.

  3. Not providing complete information on financial accounts. It’s essential to disclose all bank and financial institution accounts fully.

  4. Omitting details about personal debt. Credit card statements, loans, and any other debts must be accurately reported.

  5. Failure to include all required financial statements for businesses owned. This includes the last three years’ worth of financial statements.

  6. Not accurately listing all real estate documents. Appraisals, titles, and other relevant documents must be provided.

  7. Incorrect or incomplete disclosure of retirement plans and employment benefits documentation. These are critical components of financial disclosures.

  8. Neglecting to check off each document that has been furnished to the other party. Each mandatory disclosure listed must be accounted for or explained if not provided.

  9. Failing to complete the Certificate of Service properly. This includes how documents were served to the other party, ensuring this is accurately filled out to meet procedural requirements.

  10. Forgetting to sign and date the form. The form is not valid without the signature of the Petitioner/Co-Petitioner/Respondent and, if applicable, their attorney.

Avoiding these common mistakes can help ensure the legal process moves smoothly and efficiently. Remember, the goal of the JDF 1104 form is to provide a complete and accurate picture of each party's financial situation, which is crucial for a fair resolution in family law cases.

Documents used along the form

When dealing with family law matters, specifically in the state of Colorado, the form known as JDF 1104 is crucial for ensuring both parties provide all necessary financial information. This form plays a pivotal role in divorce, separation, or custody cases by certifying that all mandatory financial disclosures have been made. Alongside JDF 1104, there are several other forms and documents typically required to ensure a comprehensive understanding and transparent proceedings in family court matters.

  • JDF 1111SS - Sworn Financial Statement: This detailed form is where an individual discloses their financial situation in full. It includes income, expenses, assets, and debts, providing a snapshot of the financial standing that's crucial for equitable divisions and support determinations.
  • JDF 1113 - Parenting Plan: When parental responsibilities are at issue, this form outlines the decision-making responsibilities and parenting time schedule. It's essential for establishing the child’s living arrangements and how the parents will share and make decisions concerning the child's welfare.
  • JDF 1125 - Mandatory Disclosure - Form 35.1: This document provides a list of all documents and information that must be exchanged between parties, as required by Rule 16.2(e)(7). It's a directive for what specific financial documents must be shared to ensure full transparency.
  • JDF 1101 - Petition for Dissolution of Marriage or Legal Separation: This initiates the process for divorces or legal separations in Colorado. It's the document that starts the legal process and outlines the initial requests from the court.
  • JDF 1115 - Separation Agreement: If both parties can agree on the division of their property, allocation of debts, and, if applicable, spousal maintenance, this agreement formalizes those decisions. For marriages with children, it can also detail child support arrangements.

Together, these forms provide a comprehensive framework for addressing the financial and familial aspects of family law cases in Colorado. By ensuring that all relevant financial information is disclosed and parenting responsibilities are clearly defined, these forms help streamline the legal process and promote fair outcomes for all parties involved.

Similar forms

  • Affidavit of Financial Status: Like the JDF 1104 form, this document is used in legal proceedings to disclose financial status. It's typically required in cases involving spousal support, child support, or the division of property. Both documents require the individual to accurately report their financial situation, including income, debts, and assets.

  • Sworn Financial Statement: This document closely resembles the section of the JDF 1104 form where parties must disclose their financial information. It's a comprehensive declaration of an individual's financial status, including earnings, expenses, assets, and liabilities, often required in family law matters.

  • Child Support Worksheet: Similar to parts of the JDF 1104, this worksheet involves providing financial information that is used to calculate child support obligations. It requires detailed information about the parents' income and the children's financial needs.

  • Income Tax Returns: Mentioned within the JDF 1104 as part of the mandatory disclosures, providing recent tax returns is a common requirement in various legal and financial proceedings to verify income and financial status.

  • Bank and Financial Institution Records: Like the JDF 1104, these documents are essential in legal matters for disclosing the status of checking, savings, and investment accounts, providing a snapshot of an individual's or entity's financial health.

  • Personal and Business Financial Statements: These statements, which are part of the disclosures in the JDF 1104 form, are used to give a detailed overview of one's financial position at a particular time, covering aspects such as assets, liabilities, and equity, for both personal and business finances.

  • Real Estate Documents: In the context of the JDF 1104 form, disclosing real estate documents (like appraisals or title documents) is crucial in cases involving the division of property, to determine the value and ownership of real estate assets.

  • Employment Benefits Documentation: Similar to the section on employment benefits in the JDF 1104, this type of document provides information on an employee's benefits package, which can be relevant in various legal situations, including divorce settlements and child support cases.

  • Insurance Documentation: This refers to documents that detail an individual's insurance coverages, comparable to the insurance documentation disclosure in the JDF 1104. These documents can be significant in legal cases for determining liabilities and asset distribution.

  • Loan and Credit Card Statements: Reflecting the mandatory disclosure of personal debt in the JDF 1104 form, these statements provide insight into an individual's financial obligations, which can play a crucial role in legal proceedings affecting financial settlements.

Dos and Don'ts

When filling out the JDF 1104 form, there are several key points you should follow to ensure your submission is accurate and compliant. Adhering to these dos and don'ts will facilitate a smoother legal process.

Things you should do:
  • Review the form carefully before you start filling it out to ensure you understand all the requirements.
  • Ensure the information is complete and accurate to the best of your knowledge. This includes double-checking financial documents and personal information.
  • Check all the documents you have provided to the other party against the mandatory disclosure list to ensure compliance with Rule 16.2(e)(7) of the Colorado Rules of Civil Procedure.
  • Use clear and legible handwriting if you are filling out the form by hand, or ensure the typed information is correctly formatted and error-free.
  • Sign and date the form where required, acknowledging your certification of the information provided.
Things you shouldn't do:
  • Avoid leaving sections incomplete unless absolutely certain they do not apply to your case. If in doubt, seek clarification.
  • Don’t guess or estimate financial information. Always use actual figures from your financial documents to ensure accuracy.
  • Refrain from providing outdated information. Use the most recent financial documents and personal information available to you.
  • Do not file the form without first serving it on the other party, as required by the certificate of service section of the form. This is a critical procedural step.
  • Avoid signing the form without thoroughly reviewing all the information you have provided. Once signed, it is a legal document confirming the accuracy of your disclosures.

Misconceptions

Many people find legal forms intimidating and often hold misconceptions about them, including the JDF 1104 form, which is central to legal proceedings in family law in Colorado. Here are six common misconceptions about the JDF 1104 form and the straightforward facts surrounding them.

  • Only one party needs to complete the JDF 1104 form. This is incorrect. Both parties involved in the case must each complete and file this form with the court to ensure full compliance with Rule 16.2(e)(7) of the Colorado Rules of Civil Procedure. This process ensures transparency and fairness by providing both parties with comprehensive financial information.
  • All documents listed must be filed with the court. This understanding is not accurate. While the JDF 1104 form requires disclosure of a variety of documents, such as tax returns, bank statements, and employment documentation, only the Sworn Financial Statement and Child Support Worksheet should be filed with the court. Other documents must be furnished to the other party but not filed with the court.
  • Financial disclosures are optional if both parties agree. Regardless of any agreement between the parties, completing the JDF 1104 form and providing mandatory financial disclosures are strictly required by law. These disclosures ensure a fair and equitable process, protecting the rights and interests of both parties and any children involved.
  • The form is only necessary if you have children. This is a misconception. The JDF 1104 form must be completed in cases involving the dissolution of marriages or civil unions, as well as in cases concerning parental responsibilities, regardless of whether children are involved. This requirement underscores the form's broader purpose in providing a comprehensive financial overview to the court and the parties involved.
  • You can wait until the court date to complete and serve the form. Procrastination here can lead to serious legal consequences. The JDF 1104 form, along with the required disclosures, must be completed and served upon the other party well before the court date. This allows both parties adequate time to review the financial disclosures and prepare their cases accordingly. Failure to do so may result in delays, penalties, or adverse decisions.
  • The form is complicated and requires a lawyer to complete. While legal representation can certainly aid in understanding and filling out the form correctly, individuals are capable of completing the JDF 1104 on their own by carefully following the instructions provided. Resources and help are often available from the court for those who choose to represent themselves.

Clearing up these misconceptions not only helps individuals navigate their legal responsibilities more confidently but also promotes a smoother legal process for all parties involved. It is always recommended to consult with a lawyer for legal advice tailored to one's specific circumstances.

Key takeaways

Filling out and using the JDF 1104 form, also known as the "Certificate of Compliance with Mandatory Financial Disclosures," is a crucial step in family law cases in Colorado, including divorce, civil union, and custody cases. Here are five key takeaways to help individuals understand and properly use this form:

  • Accuracy is paramount: When completing the JDF 1104 form, it is essential to ensure that all disclosed information is complete and correct to the best of the individual's knowledge. Inaccuracies can lead to complications or delays in the legal process.
  • Mandatory disclosures: The form requires individuals to certify that they have sent the other party all required financial disclosures as outlined by Rule 16.2(e)(7) of the Colorado Rules of Civil Procedure. This includes, but is not limited to, sworn financial statements, income tax returns for the most recent three years, and information on bank accounts, real estate, personal debt, and employment benefits.
  • Service of the form: After filling out the JDF 1104 form, it must be properly served on the other party. The form itself describes different methods of service, such as hand delivery, e-filing, faxing, or mailing. Choosing the correct method of service is critical for the form to be legally recognized.
  • Legal representation: If an individual has an attorney, the attorney’s signature is also required on the form. This underscores the importance of ensuring that legal representatives are aware of and involved in the completion and service of the form, as needed.
  • Do not file certain documents with the court: It's important to remember that only the Sworn Financial Statement and the Child Support Worksheet should be filed with the court, not the entire suite of documents checked off as part of the mandatory disclosure on the JDF 1104 form. Other documents should be exchanged between the parties but not submitted to the court unless specifically requested.

Understanding these key aspects of the JDF 1104 form can help individuals navigate the complexities of their legal proceedings more smoothly, ensuring compliance with Colorado's Rules of Civil Procedure. Individuals are encouraged to seek legal advice or assistance if they have questions or concerns about filling out and serving this form.

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