Modifying Orders After a Miami County Decree
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Miami County, Ohio · Troy
Life changes after a divorce or dissolution. Because the General Division keeps continuing jurisdiction, you can ask the court that entered your decree to modify custody, parenting time, child support, or spousal support — these post-decree matters stay in your original Domestic Relations case.
How do I modify a custody or support order in Miami County, Ohio?
File a post-decree motion in your original DR case in the General Division with the matching affidavits — post-decree Affidavit 1 (income/expenses), Affidavit 3 (parenting), and Affidavit 4 (health insurance) as applicable — and a Magistrate's Order for Hearing (Local R. 8.14). Changing which parent is the residential parent/legal custodian requires a change in circumstances and a best-interest finding under R.C. 3109.04. A child-support change requires a new worksheet showing the changed income or circumstances. Confirm the post-decree deposit with the Clerk, (937) 440-6046.
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: Miami County Court of Common Pleas, General Division
215 W. Main Street, Troy, OH 45373Phone: (937) 440-3930
Hours: Monday–Friday (confirm current hours with the Clerk of Courts, (937) 440-6046)
Website: www.miamicountyohio.gov/common-pleas/
Juvenile Branch (Never-Married Parents)
Miami County Juvenile Court
2040 North County Road 25-A, Troy, OH 45373
Phone: (937) 440-5970
Hours: Monday–Thursday 8:00 a.m.–4:00 p.m.; Friday 8:30 a.m.–4:00 p.m. (Local Juv. R. 18.01)
Post-Decree Modifications is the right path if…
- You already have a Miami County divorce or dissolution decree.
- Circumstances have changed since the order — income, the children's needs, schedules, or a planned move.
- You want to change custody, parenting time, child support, or spousal support.
- You can document the change of circumstances with current affidavits and a worksheet.
Filing Fees
Confirm the post-decree deposit with the Clerk, (937) 440-6046 · custody changes require a change of circumstances + best-interest finding (R.C. 3109.04) · support changes require a new worksheet · Appendix A packet still applies.
Forms & Filing Packets
Modify child or spousal support — Confirm the post-decree deposit with the Clerk, (937) 440-6046
File the post-decree motion with a current income/expense affidavit, a new child-support worksheet, and a Magistrate's Order for Hearing (Local R. 8.14).
- 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.
- Post-decree Affidavit 1 — Income & Expenses — Your current income and expenses, filed with a post-decree motion to modify support.
- Post-decree Affidavit 4 — Health Insurance — Updates available children's health insurance for a post-decree support modification.
- 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.
- Magistrate's Order for Hearing (Word) — The proposed order setting your post-decree motion for hearing; file it with the motion (Local R. 8.14).
Modify custody or parenting time — Confirm the post-decree deposit with the Clerk, (937) 440-6046
File the post-decree motion with the parenting-proceeding affidavit and a Magistrate's Order for Hearing; a change of custody is set for a pre-hearing conference (Local R. 8.16).
- Post-decree Affidavit 3 — Parenting Proceeding — Updates the children's residence history for a post-decree custody or parenting-time motion.
- Post-decree Affidavit 1 — Income & Expenses — Your current income and expenses, filed with a post-decree motion to modify support.
- Standard Parenting Time Order — parents under 90 miles apart (Local R. 8.021) — The county's default parenting-time schedule when both parents live within 90 miles of each other.
- Magistrate's Order for Hearing (Word) — The proposed order setting your post-decree motion for hearing; file it with the motion (Local R. 8.14).
How to File Post-Decree Modifications in Miami County
- Confirm the change of circumstances. Identify what has changed since the decree — income, the children's needs, schedules, or a planned relocation.
- Prepare the matching affidavits. Use the post-decree income/expense affidavit, and the parenting or health-insurance affidavits as applicable. Add a new child-support worksheet for support changes.
- File with a Magistrate's Order for Hearing. File the motion with a Magistrate's Order for Hearing in your original DR case (Local R. 8.14). Confirm the deposit with the Clerk, (937) 440-6046.
- Attend the hearing. A custody change is set for a pre-hearing conference; the court applies the change-of-circumstances and best-interest standards under R.C. 3109.04.
Miami County Practice Notes
- Continuing jurisdiction keeps the case at home. The General Division that entered your decree keeps continuing jurisdiction, so post-decree motions are filed in the original DR case rather than as a new lawsuit.
- Custody changes go to a pre-hearing conference. A post-decree change of custody (reallocation of parental rights) is set for a Pre-Hearing Conference / Non-Contested Hearing before a Magistrate; if the served party fails to appear, an uncontested custody hearing proceeds (Local R. 8.16).
Frequently Asked Questions
- How do I modify custody or child support after a Miami County decree?
- Because the General Division keeps continuing jurisdiction, post-decree motions stay in your original DR case. File the post-decree motion with the matching affidavits (post-decree Affidavit 1 income/expenses; Affidavit 3 parenting; Affidavit 4 health insurance, as applicable) and a Magistrate's Order for Hearing (Local R. 8.14). Changing which parent is the residential parent/legal custodian requires a change in circumstances and a best-interest finding under R.C. 3109.04; a change in income supports a child-support modification with a new worksheet.
- Do I have to tell the court before moving with my child in Miami County?
- Yes. A residential parent who intends to move must file a Notice of Intent to Relocate; the court may schedule a hearing on whether parenting time should be revised (R.C. 3109.051(G)). It is best to file the notice well before the planned move so the court can address any change to the parenting schedule.
- How does a Miami County court decide custody?
- 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.
- Which court handles family-law cases in Miami County?
- The General Division of the Miami County Court of Common Pleas (215 W. Main Street, Troy) hears all divorce, dissolution, legal separation, and annulment cases — Judges Jeannine Pratt and Stacy Wall also constitute the Domestic Relations Division, so there is no separate Domestic Relations court. The Juvenile Court (2040 N. County Road 25-A, Troy; (937) 440-5970) handles parentage, custody, support, and parenting time for unmarried parents and non-parent legal custody. The Probate Court (215 W. Main St.; (937) 440-6050) handles adoptions and name changes. DR documents are filed through the Clerk of Courts, (937) 440-6046.
- What does the Miami County CSEA do, and what is a IV-D application?
- The Miami County Child Support Enforcement Agency (CSEA), part of Job & Family Services, opens IV-D child-support cases, calculates support, collects it by automatic wage withholding through Ohio Child Support Payment Central, and enforces orders (license suspension, tax intercept, contempt referrals). A IV-D Application opens that case and is filed whenever the court sets a support order. No filing fee is charged to CSEA (Local Juv. R. 4.06).
Free Local Resources in Miami County
- Miami County Clerk of Courts (Common Pleas / Domestic Relations). 215 W. Main Street, Troy, OH 45373; (937) 440-6046. Files all Domestic Relations documents and collects deposits through the e-file system (mandatory as of June 1, 2026). Confirm the current divorce/dissolution/legal-separation deposit here, or file an Affidavit of Indigency to seek a waiver.
- Miami County Domestic Relations Forms. https://www.miamicountyohio.gov/domestic-relations-forms/ — the county's DR forms, organized by case type, plus Appendix A (the required-filings checklist). Do not print forms double-sided.
- Parenting seminar — "Helping Children Succeed After Divorce". https://www.miamicountyohio.gov/parenting-seminar/ — required for parents of children under 18 in a divorce, dissolution, or paternity case (Local R. 8.06). Sessions are Wednesday mornings (~2.5 hours); complete before the dissolution decree is filed or within 45 days of service. Reschedule through the assigned Magistrate's office.
- Miami County Juvenile Court. 2040 North County Road 25-A, Troy, OH 45373; (937) 440-5970 (Clerk, option 2); juvenilefile@miamicountyohio.gov. Judge Scott Altenburger. Decides parentage, custody, support, and parenting time for unmarried parents and non-parent legal custody. Paternity/custody/visitation: $135.00 per child (no fee to CSEA or Children's Services).
- Miami County Child Support Enforcement Agency (CSEA). https://www.miamicountyohio.gov/child-support-enforcement-agency-csea/ — opens IV-D cases, calculates support, collects by wage withholding through Ohio Child Support Payment Central, and enforces orders. No filing fee is charged to CSEA (Local Juv. R. 4.06).
- Miami County Probate Court. 215 W. Main Street, Troy, OH 45373; (937) 440-6050. Judge Scott Altenburger. Handles adoptions, name changes, marriage licenses, and minor guardianships. Accepts the Supreme Court of Ohio Probate standardized forms plus local forms.
Other Family-Law Topics in Miami County
- Miami County Divorce — Full filing guide — Form 6/Form 7, the Appendix A packet, and e-filing.
- Miami County Custody — Where to file when parents are married vs. never married.
- Ohio Child Support Calculator — Run the 2024 Income Shares worksheet yourself.
- Ohio family-law resources — 88-county directory of courts and legal aid.
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.
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