Colorado Guardianship Fee Waiver: How to File JDF 205 and Skip the $229 Filing Fee

The standard filing fee for a minor guardianship petition in Colorado is $229 — a real barrier when you are already stretching every dollar to feed and clothe a grandchild who landed on your doorstep with a trash bag of belongings. Colorado courts recognize this, which is why the state provides a formal fee waiver process through forms JDF 205 and JDF 206.

Who Qualifies for a Fee Waiver

Colorado publishes a statewide income threshold: for the standard route, household income must be at or below the current 125%-of-poverty guideline and liquid assets must be $1,500 or less. An applicant with income up to 25% above the guideline may also qualify if liquid assets are $1,500 or less and monthly expenses equal or exceed income. Certain listed public benefits qualify automatically.

Qualifying public benefits are Aid to the Blind Colorado, Aid to the Needy and Disabled (AND), Old Age Pension A or B, Supplemental Security Income (SSI), Temporary Aid to Needy Families (TANF), and Supplemental Nutrition Assistance Program (SNAP). The court may also waive fees in extraordinary circumstances.

The court may waive court fees or order installment payments, depending on the circumstances. A fee waiver covers fees owed to the state, not charges owed to private providers. Process-server fees cannot be waived. If the court orders service and sends the papers to the sheriff, it may pay the sheriff's fee from mandated costs; if you deliver the documents to the sheriff, you may be responsible for the fee.

How to File JDF 205 Step by Step

Form JDF 205 is the Motion to Waive Fees. Form JDF 206 is the proposed order the judge signs if the motion is granted. Both are available free from the Colorado Judicial Branch website or from the courthouse self-help center.

1. Download both forms from coloradojudicial.gov under self-help forms (search "fee waiver")
2. Fill out JDF 205 — list the household members, income, expenses, and assets the form requests. Follow the form's exclusions: do not include child support, TANF, VA benefits, or food stamps as household income
3. Keep supporting documents available — the form says the court may require proof of income, assets, or expenses before deciding your motion
4. Complete JDF 206 — fill in sections A through C and leave the court's findings and signature blank
5. File both forms with the clerk at the same time you file your guardianship petition (JDF 824)
6. Wait for the ruling — the judge reviews the motion, usually without a hearing. If approved, the order waives the $229 filing fee and potentially other state-assessed costs

If the motion is denied, the clerk will notify you and you will need to pay the filing fee before your case proceeds. You can ask the clerk about a payment plan.

What the Fee Waiver Does and Does Not Cover

A granted fee waiver covers costs owed to the state — primarily the $229 guardianship filing fee. It does not cover:

• CBI background check fees — the Colorado Bureau of Investigation's online name-based criminal history search costs $6 per search, paid directly to CBI
• Private process server fees — if you hire a private server instead of using the sheriff's office
• Publication costs — if you need to serve a missing parent by publishing notice in a newspaper
• Credit report fees — the credit report required for JDF 805 (Acceptance of Office), though many services offer a free annual report

If the court orders service and sends the documents to the sheriff, it may pay the sheriff's fee from mandated costs under C.J.D. 98-01.

Filing Multiple Children on One Fee

If you are petitioning for guardianship of more than one child, Colorado requires a separate JDF 824 petition for each child (to protect record confidentiality). However, if you file all petitions on the same day, only one $229 filing fee applies — and one fee waiver covers the lot.

Timing Tips

File the fee waiver at the same time as your guardianship petition rather than waiting. If you hold back the petition until the waiver is decided, you lose days you could be building toward your hearing date. Most clerks will accept the full filing packet and hold processing until the fee waiver is ruled on.

The Colorado Guardianship and Custody Court Process Guide walks through the complete filing sequence — petition, background checks, fee waiver, service, and hearing — in the order the court expects to see each piece, with a printable checklist so nothing gets missed.

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