Post-Decree Modifications in Clinton County

Clinton County, Ohio · Wilmington

After a Clinton County divorce or dissolution is final, the court keeps continuing jurisdiction over child support, custody, parenting time, and (sometimes) spousal support. To change any of those, you e-file a post-decree motion — usually one of the Ohio Supreme Court Forms 26, 27, or 28 — through efile.henschen.com.

How do I modify a Clinton County divorce or dissolution decree?

E-file the right Ohio Supreme Court motion through efile.henschen.com with the Clinton County Court of Common Pleas at 46 South South Street, Suite 333, Wilmington. Use Form 27 to change custody (residential parent / legal custodian), Form 28 to change child support, or Form 26 to change the parenting-time schedule. Custody changes require a change of circumstances of the child or residential parent plus best interest under R.C. 3109.04(E). Child support can also be reviewed administratively by CSEA every 36 months or on a 10%+ change. The filing fee to reopen a case with children is $175; civil reopenings are $100. Property division is final and cannot be modified.

Where to File: Clinton County Court of Common Pleas (Domestic Relations)

46 South South Street, Suite 333, Wilmington, OH 45177, Wilmington, OH 45177
Phone: (937) 382-3640
Hours: Monday-Friday 8:00 AM - 4:00 PM
Website: www.clintoncountycourts.org/

Juvenile Branch (Never-Married Parents)

Clinton County Juvenile Court
46 South South Street, Wilmington, OH 45177, Wilmington, OH 45177
Phone: (937) 382-2391
Hours: Monday-Friday 8:00 AM - 4:00 PM

Post-Decree Modifications is the right path if…

Your income or the other parent's income has changed by 10% or more since the support order was entered.
It has been 36 months or longer since the last child-support review.
There has been a change of circumstances of the child or residential parent affecting custody.
The parenting-time schedule is no longer working — a job, school, relocation, or the child's needs have changed.
The decree expressly reserved jurisdiction to modify spousal support and a change has occurred.

If the other party is violating the existing order, you may want a contempt motion instead — or alongside. See Clinton County post-decree contempt.

Filing Fees

$175 to reopen with children · $100 civil reopening · CSEA administrative review is free

Forms & Filing Packets

Change of custody / parental rights — Form 27 — $175 to reopen with children

Requires a change of circumstances of the child or residential parent since the prior decree AND that modification is in the child's best interest AND that the harm of changing is outweighed by the benefits (R.C. 3109.04(E)(1)(a)).

Motion for Change of Parental Rights (Supreme Court Form 27) — Asks the court to reallocate parental rights and responsibilities. Requires a showing of change of circumstances and best interest under R.C. 3109.04(E).
Parenting Proceeding Affidavit (Affidavit 3 — UCCJEA, R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's UCCJEA jurisdiction.
Health Insurance Affidavit (Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court is being asked to set or modify support.

Change of child support — Form 28 — $175 to reopen with children

Free administrative CSEA review is available every 36 months or earlier on a 10%+ change. You can also file the court motion below at any time.

Motion for Change of Child Support (Supreme Court Form 28) — Asks the court to modify an existing child-support order. CSEA also offers free administrative reviews every 36 months or on a 10%+ change.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court is being asked to set or modify support.
Affidavit of Income & Expenses (Affidavit 1) — Must be notarized. Required at filing in every Clinton DR case. Both parties file their own.
Health Insurance Affidavit (Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer.

Change of parenting time — Form 26 — $175 to reopen with children

Lower bar than a custody change. Best-interest standard applies; no change-of-circumstances required for parenting-time-only modifications under R.C. 3109.051.

Motion for Change of Parenting Time (Supreme Court Form 26) — Asks the court to change the parenting-time schedule. Best-interest standard applies; no change-of-circumstances needed for parenting-time-only modifications.

How to File Post-Decree Modifications in Clinton County

Identify what you need to change. Custody (Form 27), child support (Form 28), or parenting time only (Form 26). You can combine them in one filing — bring all three forms if multiple issues apply.
Document the change of circumstances. For custody, the change must be of the child or residential parent — not the moving parent. For support, document the income change with paystubs, tax returns, and a current Affidavit 1.
Run a current child-support worksheet. Use ohiochildsupportcalculator.ohio.gov. Required for any Form 28 motion and recommended for Form 27.
E-file through efile.henschen.com. Upload the motion(s) and pay the reopening fee ($175 with children, $100 civil). The court will schedule a hearing and notify both parties.
Attend the hearing in front of the Judge. Hon. John W. Rudduck hears DR matters. The court issues a decision; objections to any Magistrate's decision must be filed within 14 days.

Clinton County Practice Notes

Property division is final. Clinton County will not modify the property/debt allocation in a final decree. Once divided, it stays divided. Only support, custody, parenting time, and (if expressly reserved) spousal support are modifiable.
Custody change has a high bar. R.C. 3109.04(E)(1)(a) requires a change of circumstances of the child or residential parent (not the moving parent) AND best interest AND harm-vs-benefit. "I want more time" is not enough — file a Form 26 parenting-time motion instead.
Mandatory e-filing applies. Post-decree motions must be e-filed through efile.henschen.com just like the original case.
CSEA review is free. Before filing a Form 28, consider requesting a CSEA administrative review — it's free, takes about 60-90 days, and the result is enforceable like a court order. Either party can object and trigger a court hearing.

Frequently Asked Questions

Should I file a modification or a contempt motion?: File a modification motion (Forms 26, 27, or 28) when circumstances have changed and you want a new order going forward. File a Motion for Contempt when the existing order is being violated and you want the court to enforce it — possible remedies include fines, jail, purge conditions, and attorney fees. The two motions can be filed together when both apply.
Can I modify the property division from my Clinton County decree?: No. Once the property and debt allocation is made final in your decree, it cannot be modified. You can still go back to court on child support, custody, parenting time, and (if the decree expressly reserved jurisdiction) spousal support.
How much does it cost to file in Clinton County DR?: Filing fees are $300 for a dissolution or divorce without children and $400 with children. A motion to reopen a case with children is $175; a civil motion to reopen is $100. Home investigations are $150. CPO petitions have no filing fee. Copies are $0.10 per page; certified copies add $2.00 per document.
Do I have to e-file in Clinton County?: Yes. Clinton County has required mandatory e-filing for all Common Pleas filings since January 1, 2024. File through efile.henschen.com. You will set up an account, upload your PDFs, and pay the filing fee online.
When do I file in Juvenile Court instead of DR?: If the parents were never married, custody, parenting time, and child support are filed in the Clinton County Juvenile Court at 46 South South Street, Wilmington — phone (937) 382-2391. If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in DR.

Free Local Resources in Clinton County

Clinton County Clerk of Courts. 46 South South Street, Wilmington, OH 45177. Phone (937) 382-2316. E-filing through efile.henschen.com.
Clinton County DR Local Rules (with form appendices). clintoncountycourts.org — DR forms are appendices to the local rules document.
Ohio Supreme Court Standardized Forms. Used for the complaint, affidavits, decree, parenting plans, and motions. Available at supremecourt.ohio.gov.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
Clinton County Law Library. 46 South South Street, Wilmington — (937) 382-2428.
Alternatives to Violence Center (Clinton County). 94 N. South Street, 3rd Floor, Suite D, Wilmington — Office (937) 383-3285 · 24-hour Crisis Line 1-888-816-1146.
Ohio Legal Help. ohiolegalhelp.org — plain-language guides and form walkthroughs.

Keep exploring

Ohio Post-Decree Modifications guide — Statewide overview of post-decree modifications in Ohio.
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