Modifying a Belmont County Order
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Belmont County, Ohio · St. Clairsville
Life changes after a divorce — jobs, moves, schedules, and the children's needs. In Belmont County you change an existing custody, parenting-time, or support order by motion in the original General Division case; post-judgment motions carry a $150 deposit and are heard by the Magistrate (Local Rule 12.5).
How do I change a custody or support order in Belmont County, Ohio?
File a post-decree motion in the original General Division case with the Clerk of Courts, (740) 699-2169, paying the $150 post-judgment motion deposit; the motion is heard by the Magistrate (Local Rule 12.5). To change custody you must show a change of circumstances and that the change serves the children's best interest (R.C. 3109.04(E)); to change support you generally show a substantial change — often a 10% or greater change in the guideline amount (R.C. 3119.79) — with an updated Ohio worksheet. A residential parent who plans to move must address Belmont County's mutual no-removal rule (Local Rule 12.10).
Ohio Custody by the Numbers
- Best interest The single standard that governs every Ohio custody decision Source: Ohio Revised Code § 3109.04
- No set age There is no age a child can choose a parent — the judge weighs a mature child's wishes Source: Ohio Revised Code § 3109.04(B)
- Change in circumstances Required, plus a best-interest finding, before the residential parent can be changed Source: Ohio Revised Code § 3109.04(E)(1)
- Shared parenting Either parent may ask the court for a joint parenting plan Source: Ohio Revised Code § 3109.04(G)
Compare Types of Custody in Ohio
| Custody type | Who makes major decisions | Where the child lives | Best when |
|---|---|---|---|
| Shared parenting | Both parents jointly, under a written plan | Time is split per the plan (not always 50/50) | Parents can communicate and cooperate on decisions |
| Sole legal & residential | One parent | Primarily with that parent | One parent is unable or unwilling to co-parent |
| Split custody | Each parent for the child in their care | Siblings are divided between the two homes | Rare — only when it serves each child's best interest |
| Legal custody to a non-parent | The relative or caregiver granted custody | With the non-parent caregiver | Neither parent can safely care for the child |
Where to File: Belmont County Court of Common Pleas, General Division
101 West Main Street, St. Clairsville, OH 43950Phone: (740) 699-2169
Hours: Monday–Friday, 8:00 a.m. – 4:30 p.m.
Website: belmontcountycoc.org/
Juvenile Branch (Never-Married Parents)
Belmont County Probate & Juvenile Court
101 West Main Street, St. Clairsville, OH 43950
Phone: (740) 699-2141
Hours: Monday–Friday, 8:00 a.m. – 4:30 p.m.
Post-Decree Modifications is the right path if…
- You already have a final Belmont County (or registered) order to change.
- Something significant has changed — income, the parenting schedule, a move, or the children's needs.
- The existing order no longer fits your family's situation.
- You need the court to make the change enforceable, not just an informal agreement.
Filing Fees
$150 post-judgment motion deposit · foreign-judgment registration $225 · heard by the Magistrate (Local Rule 12.5) · CSEA administrative review available for support · confirm current amounts with the Clerk at (740) 699-2169
Forms & Filing Packets
Modify child support — $150 post-judgment motion deposit
File a Motion for Change of Child Support (Form 28) with an updated Ohio worksheet, or request a CSEA administrative review. A substantial change — often 10%+ — is required (R.C. 3119.79).
- Motion for Change of Child Support (Ohio SC Form 28) — The Ohio uniform motion to change child support, medical support, or the tax exemption after a change of circumstances. File in the division that issued the order.
- Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time you ask the court to set or change support.
- Health Insurance Affidavit (Ohio SC Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer, so the court can order medical support.
Modify custody or parenting time — $150 post-judgment motion deposit
File a motion to modify the allocation of parental rights in the original case. You must show a change of circumstances and that the change serves the children's best interest (R.C. 3109.04(E)).
- Belmont County General Division Local Rules (Rule 12 Divorce Forms) — The General Division's Local Rule 12 and its attached Belmont Divorce Forms (101 restraining order, 103/104 property appraisal, 105 financial affidavit). There is no separate Domestic Relations court — the General Division Magistrate runs the DR docket. Obtain the current packet from the Clerk's Legal Division, 3rd floor, (740) 699-2169.
- Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
- Parenting Plan (Ohio SC Form 21) — Used when one parent will be designated residential parent and legal custodian.
Relocation
A residential parent who plans to move must file a notice of intent to relocate; Belmont County's mutual no-removal rule (Local Rule 12.10) bars removing the children without consent or a court order. The court decides whether to modify the parenting schedule.
- Belmont County General Division Local Rules (Rule 12 Divorce Forms) — The General Division's Local Rule 12 and its attached Belmont Divorce Forms (101 restraining order, 103/104 property appraisal, 105 financial affidavit). There is no separate Domestic Relations court — the General Division Magistrate runs the DR docket. Obtain the current packet from the Clerk's Legal Division, 3rd floor, (740) 699-2169.
- Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
How to File Post-Decree Modifications in Belmont County
- Identify what to change. Decide whether you're changing custody/parenting time, child support, or both — the legal standard differs.
- Gather proof of the change. Collect evidence of the change of circumstances (custody) or the income/cost change (support); run an updated Ohio worksheet for support.
- File the motion in the original case. File in the original General Division case with the Clerk, (740) 699-2169, and pay the $150 post-judgment motion deposit; the Magistrate hears it (Local Rule 12.5).
- Address relocation if applicable. If a parent is moving with the children, file a notice of intent to relocate and account for the mutual no-removal rule (Local Rule 12.10).
Belmont County Practice Notes
- Mutual no-removal of children (Local Rule 12.10). Once a divorce is filed, neither parent may remove the children from Ohio (or otherwise as the Court orders) without the other parent's consent or a court order. After a final order, file a notice of intent to relocate and a motion to modify before moving.
- Support routed through the CSEA and CSPC (2% charge). The Belmont County CSEA (Belmont County DJFS, 68145 Hammond Road, (740) 695-1075 option 8) establishes, reviews, and enforces support. Payments run through Ohio Child Support Payment Central, which adds a 2% processing charge (Local Rule 12.3).
- Best-interest standard governs. R.C. 3109.04(F)(1) lists 10+ factors: each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents/siblings, adjustment to home/school/community, mental and physical health of all involved, the parent more likely to facilitate court-approved parenting time, child support compliance, criminal history, residence outside Ohio, and any history of abuse.
- Mediation under Local Rule 20. The Court may refer contested custody and parenting-time issues to mediation (Mediation Office (740) 695-2121 ext. 1043). Mediation is not used in domestic-violence cases, and it is voluntary and confidential — it does not replace the Court's final decision.
Frequently Asked Questions
- What does it cost to file a post-decree motion in Belmont County?
- A post-judgment motion in the original General Division case carries a $150 deposit per the Clerk's schedule, and post-judgment motions are heard by the Magistrate (Local Rule 12.5). Registering a foreign (out-of-state) judgment carries a $225 deposit. Confirm current amounts with the Clerk at (740) 699-2169.
- Do I need permission to move with my child after a Belmont County order?
- Once a divorce is filed, Belmont County's mutual no-removal rule (Local Rule 12.10) bars either parent from removing the children from Ohio (or otherwise as the Court orders) without the other parent's consent or a court order. After a final order, a residential parent must file a notice of intent to relocate and the Court decides whether to modify the parenting schedule. File a motion before you move.
- How is child support paid and enforced in Belmont County?
- Support is paid through Ohio Child Support Payment Central (CSPC), which adds a 2% processing charge (Local Rule 12.3). Child-support services — establishing, reviewing, and enforcing orders — run through the Belmont County CSEA at Belmont County DJFS, 68145 Hammond Road, St. Clairsville, (740) 695-1075 option 8. The CSEA can enforce orders through wage withholding, license suspension, tax intercept, credit reporting, and contempt referrals.
- Which court handles family-law cases in Belmont County?
- The General Division of the Belmont County Court of Common Pleas (101 West Main Street, St. Clairsville) hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court. The General Division Magistrate runs the divorce docket (Local Rule 12.4 / 12.6). The combined Probate & Juvenile Court handles unmarried-parent parentage, custody, support, and parenting time (Juvenile, under R.C. 2151.23) and non-parent custody, (740) 699-2141. Domestic Relations cases are filed through the Clerk of Courts, Laura Zupko, Legal Division (3rd floor), (740) 699-2169.
Free Local Resources in Belmont County
- Belmont County Clerk of Courts (General Division). Current filing deposits, the Local Rule 12 divorce forms (101, 103/104, 105), and filing instructions for divorce, legal separation, annulment, and post-decree matters. File with the Legal Division on the 3rd floor, 101 West Main Street, St. Clairsville; (740) 699-2169. Local rules at https://belmontcountycoc.org/local-rules and the cost schedule at https://belmontcountycoc.org/costs-and-fees.
- Belmont County Probate & Juvenile Court. Handles unmarried-parent parentage, custody, support, and parenting time, plus the Belmont Grandparent Power of Attorney. Forms at https://www.belmontcountyohiocourts.com/forms/; Juvenile (740) 699-2141, Probate (740) 699-2144.
- Belmont County Child Support Enforcement Agency (CSEA). Belmont County's IV-D agency opens child-support cases, runs wage withholding, distributes payments, and enforces orders. Belmont County DJFS, 68145 Hammond Road, St. Clairsville; (740) 695-1075 option 8; https://belmontcdjfs.com/.
- Belmont County Children Services. Investigates child abuse and neglect and supports kinship caregivers. If a child is in immediate danger, call 911 or Children Services at (740) 695-3813.
- Representing Yourself in Belmont County. The Clerk's self-represented-litigant resources and filing guidance for the General Division at https://belmontcountycoc.org/representing-yourself. The Clerk cannot give legal advice but can explain what a complete filing requires.
Other Family-Law Topics in Belmont County
- Statewide Divorce Overview — How Ohio divorce, residency, and property division work at a high level.
- Statewide Custody Overview — How Ohio custody and parenting time work at a high level.
- Talk to a Family Law Attorney — Connect with a Belmont County family-law attorney for help with your case.
Related to your modifications case
- Child Support — Calculate, establish, or modify support under Ohio's guidelines.
- Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
- Spousal Support — Pursue or respond to alimony requests during and after divorce.
Related guides
In-depth, attorney-written guides on modifications and related Ohio family law topics.
- Post-Decree Modifications in Ohio: Changing Your Order After Divorce — Your divorce decree isn't carved in stone. When life changes, Ohio lets you modify custody, parenting time, and support — but each requires meeting a specific legal standard. Here's how.
- How to Modify Child Support in Ohio — Child support orders aren't permanent. When income or circumstances change substantially, Ohio lets you modify support — through a CSEA review or a court motion. Here's how.
- Contempt Motions in Ohio Family Court: Enforcing Your Order — When the other parent ignores a court order — withholding the children or refusing to pay support — a contempt motion is how Ohio courts enforce it. Here's how the process works.
Keep exploring
- Ohio Post-Decree Modifications guide — Statewide overview of post-decree modifications in Ohio.
- Akron family law — Local attorneys and courts serving the Akron metro.
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