Post-Decree Modifications in Defiance County

Defiance County, Ohio · Defiance

After a Defiance 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 file a post-decree motion at 221 Clinton Street, Third Floor, Defiance — usually Ohio Supreme Court Form 26, 27, or 28. Filing fee is $280, dropping to $50 when the motion is accompanied by a consent judgment.

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

File the right Ohio Supreme Court motion at the Defiance County Court of Common Pleas, 221 Clinton Street, Third Floor, Defiance, OH 43512. 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 for any post-decree motion is $280 — but only $50 if the motion is filed with a consent judgment signed by both parties. Property division is final and cannot be modified.

Where to File: Defiance County Court of Common Pleas (General & Domestic Relations Division)

221 Clinton Street, Third Floor, Defiance, OH 43512, Defiance, OH 43512
Phone: (419) 782-5931
Hours: Monday-Friday 8:30 AM - 12:00 PM and 1:00 PM - 4:30 PM (closed for lunch)
Website: www.defiance-county.com/common-pleas-court/

Juvenile Branch (Never-Married Parents)

Defiance County Probate and Juvenile Court
221 Clinton Street, Second Floor, Defiance, OH 43512, Defiance, OH 43512
Phone: (419) 782-4181
Hours: Monday-Friday 8:30 AM - 4:30 PM (closed for lunch 12:00-1:00 PM, no electronic filings)

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 Defiance County post-decree contempt.

Filing Fees

$280 per post-decree motion · $50 when accompanied by a consent judgment · CSEA administrative review is free

Forms & Filing Packets

Change of custody / parental rights — Form 27 — $280 ($50 with consent judgment)

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 change of circumstances and best interest under R.C. 3109.04(E).
Custody Affidavit / UCCJEA (Ohio SC Affidavit 3) — Required in any DR case with minor children. Lists where each child has lived for the last 5 years.
Health Insurance Affidavit (Ohio SC 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.

Change of child support — Form 28 — $280 ($50 with consent judgment)

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.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign.
Financial Affidavit (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own.
Health Insurance Affidavit (Ohio SC Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer.

Change of parenting time — Form 26 — $280 ($50 with consent judgment)

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.

How to File Post-Decree Modifications in Defiance 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.
Try for a consent judgment first. If the other party will sign a consent judgment entry, the filing fee drops from $280 to $50. Negotiate before you file.
File at 221 Clinton Street, Third Floor, Defiance. Pay the $280 (or $50 with consent) filing fee. The court schedules a hearing in front of Hon. Joseph N. Schmenk or Magistrate Carson L. Slade.

Defiance County Practice Notes

Property division is final. Defiance 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.
Consent judgment drops the fee to $50. When both parties sign a consent judgment entry attached to the motion, Defiance County reduces the filing fee from $280 to $50. Negotiate first if you can — it saves money and time.
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 — $280 each, or $50 if accompanied by a consent judgment) when circumstances have changed and you want a new order going forward. File a Motion for Contempt (Form 24) plus Show Cause (Form 25) when the existing order is being violated and you want the court to enforce it. The two can be combined when both apply.
How much does it cost to file in Defiance County DR?: Dissolution and divorce are both $325 without children and $400 with children — a consistent $75 gap. Post-decree motions are $280. A motion with a consent judgment is $50. Service by publication is $500. Service by a foreign-county Sheriff is $25. Appeals are $150. CPO petitions have no filing fee.
Who hears Defiance County DR and Juvenile cases?: Hon. Joseph N. Schmenk is the Common Pleas Judge (DR Division). Hon. Jeffrey A. Strausbaugh is the Probate and Juvenile Judge. Unusually, Magistrate Carson L. Slade serves BOTH divisions — providing rare continuity for families whose case moves between DR and Juvenile.
When do I file in Defiance County Juvenile Court instead of DR?: If the parents were never married, custody, parenting time, and child support are filed in the Defiance County Juvenile Court at 221 Clinton Street, Second Floor — (419) 782-4181. Judge Jeffrey A. Strausbaugh presides; Magistrate Carson L. Slade hears matters. All filings must be made in person or by mail (no electronic filings). If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in DR.

Free Local Resources in Defiance County

Defiance County Common Pleas Court. 221 Clinton Street, Third Floor, Defiance, OH 43512. Phone (419) 782-5931. Clerk (419) 782-1936. Court Administrator Alyson M. Hageman.
Four-County Local Rules (Defiance/Fulton/Henry/Williams). defiance-county.com — uniform local rules covering all four Northwest Ohio counties.
Defiance County Probate and Juvenile Court. 221 Clinton Street, Second Floor — (419) 782-4181. Judge Jeffrey A. Strausbaugh. Magistrate Carson L. Slade. Email probatecourt@defiancecounty.oh.gov.
Defiance County Juvenile Probation Department. 1300 East Second Street, Suite 203, Defiance, OH 43512. Phone (419) 782-0226. Hours M-F 8:00 AM - 4:30 PM.
Ohio Supreme Court Standardized Forms. supremecourt.ohio.gov — Defiance County uses Ohio SC standardized DR and Juvenile forms for all filings.
Defiance County Child Support Enforcement Agency. Handles paternity, support establishment, modification, and enforcement.
Legal Aid of Western Ohio. Serves Defiance County. Phone 1-888-534-1432.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
Ohio Legal Help. ohiolegalhelp.org — plain-language guides and interactive court forms.

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 +1-844-694-2885 or email support@gavvl.com.