Post-Decree Modifications in Darke County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Darke County, Ohio · Greenville
Life changes after a decree — incomes shift, children's needs change, parents move. In Darke County, you ask to modify an existing order in the same court that issued it, under its continuing jurisdiction: the Domestic Relations Division of the Court of Common Pleas for DR decrees, or the Probate/Juvenile Court for Juvenile orders. Each kind of change has its own legal standard.
How do I modify a custody or support order in Darke County, Ohio?
File a motion to modify in the same court that issued your order — the Domestic Relations Division of the Court of Common Pleas for a divorce/dissolution decree, or the Probate/Juvenile Court for a Juvenile order. A custody change requires a change in circumstances plus the child's best interest (and a harm-vs-benefit test to change the residential parent); parenting-time changes use the best-interest standard; child support changes on a substantial change or CSEA review; spousal support changes only if the decree reserved jurisdiction. Darke County's DR rule (7(H)) requires the first post-decree filing to include current addresses and an updated IV-D Application. A school-placement dispute is not the same as a change of custody. Post-decree deposits vary — call the Clerk at (937) 547-7335.
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: Darke County Court of Common Pleas, Domestic Relations Division
Darke County Courthouse, Second Floor, 504 South Broadway, Greenville, OH 45331Phone: (937) 547-7335
Hours: Monday–Friday 8:00 a.m.–4:00 p.m.
Website: darkecountycommonpleas.com
Juvenile Branch (Never-Married Parents)
Darke County Probate/Juvenile Court, Juvenile Division
300 Garst Ave, Greenville, OH 45331
Phone: (937) 547-7350
Hours: Monday–Friday 8:00 a.m.–4:30 p.m.
Post-Decree Modifications is the right path if…
- You already have a custody, parenting-time, support, or spousal-support order.
- Something has changed since the order — income, relocation, the children's needs, or the schedule no longer works.
- You want to change the order going forward (not enforce a violation, which is contempt).
- You can file in the same Darke County court that issued the order.
Filing Fees
Post-decree motion deposits in Darke County's DR Division vary by motion — call the Clerk at (937) 547-7335. In the Juvenile Division, reopening an established case is $150. Court fees and deposits change — confirm the current amount with the Darke County Clerk of Courts at (937) 547-7335 (Domestic Relations) or the Probate/Juvenile Court at (937) 547-7350 before filing.
Forms & Filing Packets
Modify child support — Post-decree deposit varies — call the Clerk at (937) 547-7335
Ask the court (or the CSEA on review) to recalculate support after a substantial change in income or the children's needs. File the Ohio change-of-support motion with an updated worksheet and the financial and health-insurance affidavits.
- 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 the court sets or changes support.
- Affidavit of Income, Expenses, and Financial Disclosures (Darke County) — Lists your income, expenses, and basic financial information so the court can address support and temporary orders. Each party files their own; it must be notarized.
- Application for Child Support Services (IV-D) — Opens a IV-D case with the Darke County CSEA so support can be collected by income withholding and paid through the state. Required with any DR case that sets support.
Modify custody or parenting time — Post-decree deposit varies — call the Clerk at (937) 547-7335
Ask the court to change the residential parent or the parenting-time schedule. A custody change needs a change in circumstances plus best interest; a parenting-time change uses the best-interest standard. File with the UCCJEA affidavit.
- Parenting Proceeding Affidavit (UCCJEA) (Darke County) — Required in any DR case with minor children. Lists where each child has lived for the last 5 years and with whom, confirming Ohio's UCCJEA jurisdiction.
- Parenting Plan (Form 21) (Darke County) — Used when one parent will be the residential parent and legal custodian. Sets the parenting-time schedule and decision-making.
- Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.
How to File Post-Decree Modifications in Darke County
- Identify the order and the right court. File in the same court that issued it — the Common Pleas DR Division or the Probate/Juvenile Court.
- Match the motion to the standard. Custody needs a change in circumstances plus best interest; parenting time uses best interest; support needs a substantial change; spousal support needs reserved jurisdiction.
- Update the required affidavits. Include current addresses, an updated IV-D Application, and the UCCJEA, income, and health-insurance affidavits (Rules 7(H) and 2(F)).
- Recalculate support if needed. Run a fresh Ohio child-support worksheet whenever you ask to change support.
- File and confirm the deposit. File with the Clerk at (937) 547-7335 (DR) or the Juvenile Court at (937) 547-7350 and confirm the current post-decree deposit.
Darke County Practice Notes
- File in the court that issued the order. Modifications stay in the same case under the court's continuing jurisdiction — the Common Pleas DR case for a divorce decree, or the Juvenile case for a Juvenile order.
- The first post-decree filing has extra requirements. DR Local Rule 7(H) requires the initial post-decree pleading to include current addresses for all parties and an updated IV-D Application (the address requirement can be waived for good cause); post-decree filings also need the UCCJEA, income, and health-insurance affidavits (Rule 2(F)).
- Changing schools is not changing custody. Darke County does not change custody for school-enrollment purposes only; a school-placement dispute is decided separately and is not a change of legal custody.
Frequently Asked Questions
- How do I change or enforce a Darke County family-law order?
- Post-decree matters stay in the same court that issued the order under its continuing jurisdiction — the Common Pleas DR case for a divorce decree, or the Juvenile case for a Juvenile order. To change an order going forward you file a modification; to enforce a violation you file a motion to show cause (contempt). The first post-decree DR filing must include current addresses and an updated IV-D Application (Rule 7(H)).
- Can I change custody so my child can switch schools in Darke County?
- No. Darke County does not grant custody changes for school-enrollment purposes only. A school-placement dispute is decided separately and is not the same as a change of legal custody.
- How does the Darke County CSEA help with child support?
- The Darke County Child Support Enforcement Agency (CSEA), 631 Wagner Ave, Greenville, (937) 548-4132 option 4 or (800) 501-5635, opens IV-D cases, sets support under Ohio's guidelines, collects it by income withholding, and pays it through the state. It can also review and enforce existing orders.
- How much does it cost to file a family-law case in Darke County?
- The Domestic Relations deposit is $300 for a divorce, dissolution, legal separation, annulment, or registration of a foreign order. In the Probate/Juvenile Court, a new private custody, parenting-time, or companionship filing is $175 ($150 to reopen an established case). Post-decree DR motion deposits vary — call the Clerk at (937) 547-7335. A fee waiver is available via a Financial Disclosure / Fee Waiver Affidavit.
- What do I have to do to relocate with my children in Darke County?
- A residential parent who intends to move must file a notice of intent to relocate. In divorce and legal-separation cases, the standard mutual restraining orders also bar relocating the children out of Darke County or from their current address absent written agreement or court authorization (DR Local Rule 7(J)). The Probate/Juvenile Court publishes a Notice of Intent to Relocate form for never-married-parent cases.
Free Local Resources in Darke County
- Darke County Clerk of Courts (Domestic Relations). Current filing fees, deposits, and case filing for divorce, dissolution, legal separation, annulment, and post-decree matters. File at the Darke County Courthouse, Second Floor, 504 South Broadway, Greenville; Clerk Cindy Pike, (937) 547-7335. The yellow Questionnaire is required with every DR complaint. Local court rules are at https://darkecountycommonpleas.com/wp-content/uploads/2026/02/Local-Rules-effective-February-1-2026.pdf and downloadable DR forms are at https://darkecountycommonpleas.com/court-forms/.
- Darke County Probate/Juvenile Court. Handles never-married-parent parentage, custody, parenting time, and support, plus non-parent custody, abuse/neglect/dependency, and adoption. 300 Garst Ave, Greenville; Juvenile (937) 547-7350, Probate (937) 547-7345; Judge Jason R. Aslinger presides. Self-help forms and the Pro-Se Filing Packet are at https://www.darkeprobatejuvenile.org/juvForms.php.
- Darke County Child Support Enforcement Agency (CSEA). Opens IV-D cases, sets support under Ohio's guidelines, collects by income withholding, pays through the state, and can review or enforce existing orders. 631 Wagner Ave, Greenville; (937) 548-4132 option 4 or (800) 501-5635.
- Darke County Children Services (report child abuse). To report suspected child abuse or neglect, call Darke County JFS Child Protective Services at (937) 548-4132 Option 5; after hours (937) 548-2020; statewide hotline 1-855-642-4453. In an emergency, call 911.
- Parenting seminar — "Helping Children Succeed After Divorce" (OSU Extension). The court-approved parenting seminar required in DR cases with minor children (DR Local Rule 7(G)); about $45 per person. Register at https://scponline.osu.edu/.
- Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes support.
Other Family-Law Topics in Darke County
- Statewide Custody Overview — How Ohio custody and parenting time work at a high level.
- Talk to a Family Law Attorney — Connect with a Darke 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.
- Dayton family law — Local attorneys and courts serving the Dayton metro.
- Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
- Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.
Call (844) 694-2885 or email support@gavvl.com.