Fayette County Post-Decree Modification Attorneys

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Fayette County, Ohio · Washington Court House

Life changes — incomes, schedules, and moves. You can ask the court to change custody, parenting time, or support after a final order. Married-case modifications are filed in the General & Domestic Relations Division; never-married-case modifications are filed in the Probate-Juvenile Court. Motions within two years of the decree are disfavored (Local Rule 11.12B).

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Flat-fee and full-representation options: we handle the filings, the Fayette County local forms, the court strategy, and the hearings — and you know the price before we start.

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How do I modify a custody, parenting-time, or support order in Fayette County?

File the right motion in the court that issued the order. In a Domestic Relations case, file a post-decree motion ($200 deposit) following the Post Decree Motion Check List; in a Probate-Juvenile case, file the juvenile motion (a $100 deposit) — use Form 28 for support. Custody changes require a change of circumstances and the child's best interest (R.C. 3109.04(E)); support changes use R.C. 3119.79. Motions filed within two years of the decree are disfavored absent a substantial, unforeseen change (Local Rule 11.12B).

Fayette County order not working anymore? Hire Gavvl Law

When incomes, schedules, or living situations change, you can ask the court that issued your order to modify custody, parenting time, or support — a $200 post-decree motion in the General & Domestic Relations Division, or a $100 juvenile motion (Form 28 for support) in the Probate-Juvenile Court. Fayette disfavors motions filed within two years of the decree under Local Rule 11.12B, so timing and proof matter. Gavvl Law builds the change-of-circumstances case, files in the right court, and works on a flat fee approved up front.

The Post Decree Motion Check List, done properly. A Domestic Relations modification follows the county's Post Decree Motion Check List with the financial affidavit and, for support, the Ohio worksheet; juvenile changes use Form 28 with a parenting affidavit. We file the version the court that issued your order expects so the motion is heard on its merits, not bounced on paperwork.
The two-year rule, taken seriously. Local Rule 11.12B disfavors modification motions within two years of the decree unless there is a substantial, unforeseen change, and frivolous motions can be taxed with the other side's attorney fees. We assess whether your facts clear that bar before filing so you are not exposed to a fee award.
Flat fee up front, relocation handled separately. You lock in one flat fee up front, with payment plans available. If a move is driving the change, we file the Notice of Intent to Relocate — a $35 Domestic Relations deposit — so the court and the other parent get the notice R.C. 3109.051(G) requires before parenting time is adjusted.

Because a Fayette modification must go back to the court that issued the original order, we identify at intake whether that was the 3rd-floor Domestic Relations Division or the 2nd-floor Probate-Juvenile Court and file accordingly. Handling both divisions means a change of circumstances doesn't get delayed by starting in the wrong court or missing the two-year timing rule.

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.

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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: Fayette County Court of Common Pleas — General & Domestic Relations Division

110 East Court Street, 3rd Floor, Washington Court House, OH 43160
Phone: (740) 335-4750
Hours: Monday–Friday
Website: Court website
e-Filing: Online e-filing portal

Juvenile Branch (Never-Married Parents)

Fayette County Probate-Juvenile Court
110 East Court Street, 2nd Floor, Washington Court House, OH 43160
Phone: (740) 335-0640
Hours: Monday–Friday

Post-Decree Modifications is the right path if…

Your income, the other parent's income, or your child's needs have changed substantially.
The current parenting-time schedule no longer fits your child's life.
One parent wants to relocate or change the child's school.
An existing order needs to be updated to match reality.

Filing Fees

Domestic Relations: post-decree motion $200 deposit; Notice of Intent to Relocate $35. Probate-Juvenile Court: $100 deposit · motions within 2 years are disfavored (Local Rule 11.12B) · confirm current amounts with the court

Forms & Filing Packets

Modify a divorce/dissolution order (Domestic Relations) — $200 post-decree motion deposit (Domestic Relations)

File a post-decree motion ($200 deposit) following the Post Decree Motion Check List, with the financial affidavit and (for support) the Ohio worksheet.

Post Decree Motion Check List (Fayette County) — Fayette County checklist for filing a post-decree motion to modify or enforce custody, parenting time, or support; the post-decree motion deposit is $200.
Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
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.

Modify a Probate-Juvenile (never-married) order — $100 deposit (Probate-Juvenile Court)

File the juvenile motion in the Probate-Juvenile Court — Form 28 for support — with the parenting affidavit and support worksheet; a new matter is a $100 deposit.

Probate-Juvenile Court Page (Fayette County) — The combined Probate-Juvenile Court page (Judge Mary E. King, 2nd Floor, (740) 335-0640), where unmarried-parent custody, support, visitation, and parentage are filed; all new juvenile family matters are a $100 deposit.
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.
Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom, confirming Ohio's jurisdiction over custody under the UCCJEA. Required in any case involving minor children.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time you ask the court to set or change support.

Relocation notice

A residential parent who plans to relocate files a Notice of Intent to Relocate (Domestic Relations deposit $35) so the court and the other parent receive notice (R.C. 3109.051(G)); the court can then decide whether to adjust parenting time.

Post Decree Motion Check List (Fayette County) — Fayette County checklist for filing a post-decree motion to modify or enforce custody, parenting time, or support; the post-decree motion deposit is $200.
Domestic Relations Court Page (Fayette County) — The General & Domestic Relations Division's page (Judge David B. Bender), where divorce, dissolution, legal separation, and annulment are heard at 110 East Court Street, 3rd Floor, Washington Court House.

How to File Post-Decree Modifications in Fayette County

Identify the change. Pin down the change of circumstances — income, schedule, relocation, or the child's needs — that supports the modification, keeping the 2-year rule in mind.
File in the right court. File in the General & Domestic Relations Division for a divorce/dissolution order, or the Probate-Juvenile Court for a never-married order.
Attach the supporting documents. Include the financial affidavit and the Ohio worksheet for support, and a parenting affidavit for custody or parenting-time changes.
Handle relocation separately. If a move is involved, file the Notice of Intent to Relocate ($35 in Domestic Relations) so the court and other parent receive notice (R.C. 3109.051(G)).

Fayette County Practice Notes

Never-married parents file in the Probate-Juvenile Court. If the parents were never married, custody, parenting time, support, and parentage are decided by the separate combined Probate-Juvenile Court under Judge Mary E. King, 110 East Court Street, 2nd Floor, (740) 335-0640 — not the Domestic Relations Division. The Juvenile deposit for a new custody, support, visitation, or paternity matter is $100, not the Domestic Relations fee schedule.
Modifications within two years are disfavored. The Domestic Relations court disfavors modification motions filed within two years of the decree unless a substantial, unforeseen change has occurred (Local Rule 11.12B), and frivolous motions can be taxed with the other side's attorney fees.
Divorce is heard by the General & Domestic Relations Division. Divorce, dissolution, legal separation, and annulment are heard by the General & Domestic Relations Division of the Fayette County Court of Common Pleas under Judge David B. Bender, 110 East Court Street, 3rd Floor, Washington Court House. The Division shares the General Division's judge, clerk, local rules, and fee schedule. File through the Clerk of Courts, (740) 335-6371; the Division can be reached at (740) 335-4750, option #6.
Guardian ad Litem cost. In Domestic Relations cases, a GAL is $100/hour up to $1,500 per case unless the court approves more (Local Rule 11.13). In Juvenile private cases, the requesting party pays, with a $500 county cap before extraordinary fees require a motion.

Frequently Asked Questions

Can I change child support or custody soon after my decree in Fayette County?: The Domestic Relations court disfavors modification motions filed within two years of the decree unless a substantial, unforeseen change has occurred (Local Rule 11.12B), and frivolous motions can be taxed with the other side's attorney fees. The post-decree motion deposit is $200.
Do I have to tell the court if I'm moving with my child in Fayette County?: Yes. A residential parent who plans to relocate must file a Notice of Intent to Relocate so the court and the other parent receive notice (R.C. 3109.051(G)); the Domestic Relations deposit for the notice is $35. The court can then decide whether to adjust parenting time.
How much does it cost to start a custody or paternity case in Fayette County?: In the Probate-Juvenile Court, all new custody, child-support, visitation, and paternity matters are a $100 deposit. A fee waiver is available with an Affidavit of Poverty. Confirm current amounts with the Probate-Juvenile Court at (740) 335-0640.
Which court handles family-law cases in Fayette County?: Divorce, dissolution, legal separation, and annulment are heard by the General & Domestic Relations Division of the Court of Common Pleas under Judge David B. Bender (110 East Court Street, 3rd Floor, Washington Court House). If the parents were never married, custody, support, visitation, and parentage are decided by the separate combined Probate-Juvenile Court under Judge Mary E. King (2nd Floor, (740) 335-0640). Domestic Relations cases are filed through the Clerk of Courts, (740) 335-6371.

Free Local Resources in Fayette County

Fayette County Clerk of Courts (Domestic Relations). Current filing fees, deposit amounts, and case filing for divorce ($400), dissolution ($350), legal separation, annulment, and post-decree motions ($200). Clerk of Courts, 3rd Floor, 110 East Court Street, Washington Court House; (740) 335-6371; https://courts.fayette-co-oh.com/. Attorneys must e-file via Henschen (https://www.fayette-co-oh.com/341/eFiling-Henschen); pro se filers are exempt.
Fayette County Probate-Juvenile Court. Judge Mary E. King, 2nd Floor, (740) 335-0640. Handles never-married-parent custody, parenting time, support, and parentage, plus non-parent custody, and runs a mediation program (Local Rule 18). All new juvenile family matters are a $100 deposit. There is no e-filing. Self-help: https://www.fayette-co-oh.com/269/Juvenile-Court.
Fayette County Child Support Enforcement Agency (CSEA). Arranges genetic testing, opens IV-D cases, sets support under Ohio's guidelines, collects by income withholding, and reviews existing orders. Contact (740) 335-0745.
Prosecutor's Victim Witness Division. Fayette County directs people seeking a civil protection order to the Prosecutor's Victim Witness Division for help determining eligibility and preparing the petition. There is no filing fee for the person seeking protection.
Triple P (Positive Parenting Program) Online. Fayette County promotes Triple P Online as a free parent/caregiver resource: https://octf.ohio.gov/what-we-do/statewide-initiatives/triple-p-online. A parenting class is not a standard DR requirement, but the court may order one case by case.
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.

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 Fayette 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.
Fayette County family law guide — Court info, local filing notes, FAQs, and the downloadable Fayette County guide.
Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
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