Delaware County Post-Decree Modification Attorneys
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 4, 2026
Delaware County, Ohio · Delaware
Life changes after a decree. Delaware County lets you reopen a case to modify custody, parenting time, or support when circumstances have changed. Modifications are filed back in the Domestic Relations Division that issued the original order, and reactivating the case carries a $200 deposit.
Hire Gavvl for your Delaware County modifications case
Flat-fee and full-representation options: we handle the filings, the Delaware County local forms, the court strategy, and the hearings — and you know the price before we start.
Start with a $25 consultation and talk through your options with an Ohio family-law attorney before you commit to anything. Get started online or see payment plans & financing.
How do I modify a custody or support order in Delaware County, Ohio?
File the matching Uniform DR motion in the Delaware County DR Division at 117 N. Union Street, Level 400, Delaware, OH 43015 — Form 26 to change parenting time, Form 27 to change parental rights (custody), or Form 28 to change child support, medical, or tax provisions — and pay the $200 post-decree reactivation deposit. Custody and support changes require a substantial change in circumstances: for support, a recalculation differing by more than 10%, inadequate health care, or an unforeseen event (Local Rule 14.01); custody changes require the full affidavit package (Local Rule 14.03). A standard parenting-time schedule triggers an automatic 10% support reduction.
Reopen your Delaware County order with Gavvl Law
Life changes after a decree, and Delaware County lets you reopen the original Domestic Relations case to change parenting time (Form 26), custody (Form 27), or child support, medical, and tax provisions (Form 28), each on a $200 reactivation deposit. Custody and support changes require a substantial change in circumstances, and modifications take effect only going forward from filing. Gavvl Law picks the right motion, proves the change, and represents you at the status conference and beyond.
- The right motion for the change you need. Delaware uses a different Uniform form for each change — Form 26 for parenting time, Form 27 for the residential parent, Form 28 for support, medical, and tax — and custody motions need the full affidavit package under Local Rule 14.03. We file the correct motion and package so the court can actually reach your request.
- A support change that clears 10%. Delaware modifies support on a recalculation differing by more than 10%, inadequate health coverage, or an unforeseen event (Local Rule 14.01). We run the updated Ohio worksheet on complete financials — pay statements, three years of returns, childcare, and health costs — before you spend the $200 deposit on a motion that would not qualify.
- Filed promptly because relief is prospective only. Delaware does not modify support retroactively; a change takes effect from the date you file, so every week of delay is money left on the table. We prepare and file the motion quickly once your circumstances shift so the new order starts as early as the rules allow.
Every modification opens with a status conference where the court decides whether the matter is contested and sets next steps, so being ready with proof and the right affidavit package under Local Rule 14.01 shapes the whole case. We come to that conference organized, use the DR Division's mediation and Settlement Weeks to resolve what we can, and provide full representation on one flat fee approved up front, with payment plans, when the modification is fought.
Flat-fee options
Flat-fee limited scope: we draft and file the motion to modify an existing custody, parenting-time, or support order. You appear at any hearing.
- Modify custody or parenting time: $1,450
- Modify child support: $950
Prefer full representation? An Ohio attorney can carry the entire case on a $3,500 retainer.
Split any flat fee with Gavvl Direct — our in-house plan at 19% APR, $500 minimum — on a 60%-down schedule of 18 weekly, 8 bi-weekly, or 4 monthly payments, or full financing where work begins once 60% is paid. Affirm, Klarna, and PayPal Pay Later are also available through LawPay.
Start your modifications case or see payment plans & financing.
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: Delaware County Court of Common Pleas, Domestic Relations Division
117 N. Union Street, Level 400, Delaware, OH 43015Phone: (740) 833-2025
Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
Website: Court website
e-Filing: Online e-filing portal
Juvenile Branch (Never-Married Parents)
Delaware County Juvenile Court
145 N. Union Street, Delaware, OH 43015
Phone: (740) 833-2600
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.
Post-Decree Modifications is the right path if…
- Your income, the other parent's income, or the children's needs have changed substantially.
- The current parenting-time schedule no longer works for the children.
- You need to change the residential parent or legal custodian.
- Health-insurance, childcare, or tax-exemption terms need updating.
Filing Fees
$200 post-decree reactivation deposit · Full affidavit package required for parenting changes (Local Rule 2.07)
Forms & Filing Packets
Modify child support — $200 reactivation deposit
Show a substantial change — a recalculation differing by more than 10%, inadequate health care, or an unforeseen event (Local Rule 14.01).
- Motion for Change of Child Support / Medical / Tax (Uniform DR Form 28) — Asks the court to recalculate support and review the health-care order and tax-exemption designation.
- Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required any time you're asking the court to set support.
- Affidavit of Basic Information, Income, and Expenses (Uniform DR Affidavit 1) — Updated income disclosure required for the recalculation.
Modify custody or parenting time — $200 reactivation deposit
Custody changes require the full affidavit package; the court decides whether the matter is contested at a status conference (Local Rule 14.03).
- Motion for Change of Parental Rights / Custody (Uniform DR Form 27) — Asks the court to change the residential parent or legal custodian.
- Motion for Change of Parenting Time (Uniform DR Form 26) — Asks the court to adjust the parenting-time schedule.
- Modification of Parenting Orders Filing Checklist (Local) — Delaware County's checklist for what a parenting-modification filing must include.
- Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.
How to File Post-Decree Modifications in Delaware County
- Identify what you're changing. Parenting time (Form 26), custody (Form 27), or child support/medical/tax (Form 28) — each has its own motion.
- Document the substantial change. Gather proof: updated income, the children's changed needs, or the event that makes the current order unworkable.
- File the motion and affidavit package. File in the original DR Division case at 117 N. Union Street and pay the $200 reactivation deposit; parenting changes need the full affidavit package.
- Attend the status conference. The court sets a status conference to determine whether the matter is contested and to schedule next steps.
Delaware County Practice Notes
- Modifications are prospective only. Delaware County does not modify support retroactively — changes take effect going forward from filing, so file promptly when circumstances change.
- Bring complete proof of the change. Local Rule 14.01 requires current pay statements, three years of tax returns, social-security income, daycare verification, and out-of-pocket health-insurance costs for support modifications.
- 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.
Frequently Asked Questions
- How much does it cost to file in the Delaware County DR Court?
- Clerk of Courts deposits are: divorce $385 without children / $485 with children; dissolution $355 without children / $455 with children; parentage complaint $200; post-decree reactivation $200. Counterclaims and amended complaints are $150 each. If you cannot afford the deposit, file the Fee Waiver Affidavit (Local Rule 4.03).
- How is child support handled in Delaware County?
- Support is set with the legislatively adopted Ohio Child Support Worksheet and collected through the Delaware County Child Support Enforcement Agency (CSEA); direct payments to the other parent are treated as gifts, not support. File the JFS 07076 Application for Child Support Services when a support order is established. CSEA generally reviews orders every 36 months, and a court will modify when a recalculation differs by more than 10%. A standard parenting-time schedule triggers an automatic 10% support reduction (Local Rule 17.01(E), R.C. 3119.051).
- How do temporary orders work in Delaware County?
- Under Local Rule 9, temporary-orders motions are considered 14 days after service and are generally decided on the filed affidavits (capped at 10 pages without prior approval). If a Civ.R. 75 oral hearing is held, each party is allotted 20 minutes and initial discovery must be exchanged first. File the Affidavit for Temporary Orders Without Oral Hearing (Uniform DR Affidavit 5) to request support, parenting time, or use of the home now.
- How long does a Delaware County case usually take?
- Dissolution: 30–90 days — Local Rule 7.03 sets the final hearing between 30 and 90 days after filing. Uncontested (default) divorce: roughly 4–6 months, with the uncontested final hearing held at least 42 days after service is completed (Local Rule 8.01). Contested divorce: 6–18 months depending on discovery, custody disputes, and trial scheduling.
Free Local Resources in Delaware County
- Delaware County DR Court Forms Page. Every Domestic Relations form, the case-type ZIP packets (divorce, dissolution, parentage, modification, CPO), and the filing checklists are posted free at domestic.co.delaware.oh.us/forms.
- Delaware County DR Virtual Resource Center. The DR Division's self-help hub links the general-information pages, FAQs, common-terms glossary, the For the Children parenting seminar, and the Co-Parenting Program at domestic.co.delaware.oh.us/virtual-resource-center.
- Delaware County eAccess / E-Services Portal. Self-represented and represented parties can e-file and check dockets at court.co.delaware.oh.us/eservices. Payment is processed through LexisNexis — confirm the amount before authorizing.
Other Family-Law Topics in Delaware County
- Delaware County Divorce — Contested and default divorce filing guide for the DR Division.
- Delaware County Dissolution — Both-parties-agree route — faster and cheaper than divorce.
- Delaware County Custody — Married parents file inside divorce; never-married parents file parentage in the DR Division.
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 Delaware County family law
- Ohio Post-Decree Modifications guide — Statewide overview of post-decree modifications in Ohio.
- Columbus family law — Local attorneys and courts serving the Columbus metro.
- Delaware County family law guide — Court info, local filing notes, FAQs, and the downloadable Delaware County guide.
- Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
- Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.
Call (380) 205-3899 or email support@gavvl.com.