Post-Decree Modifications in Delaware County

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.

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.

Where to File: Delaware County Court of Common Pleas, Domestic Relations Division

117 N. Union Street, Level 400, Delaware, OH 43015, Delaware, OH 43015
Phone: (740) 833-2025
Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
Website: domestic.co.delaware.oh.us/
e-Filing: https://court.co.delaware.oh.us/eservices/home.page.2

Juvenile Branch (Never-Married Parents)

Delaware County Juvenile Court
145 N. Union Street, Delaware, OH 43015, 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).

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).

How to File Post-Decree Modifications in Delaware County

  1. Identify what you're changing. Parenting time (Form 26), custody (Form 27), or child support/medical/tax (Form 28) — each has its own motion.
  2. Document the substantial change. Gather proof: updated income, the children's changed needs, or the event that makes the current order unworkable.
  3. 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.
  4. 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

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.

Keep exploring

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