Montgomery County Post-Decree Modification Attorneys

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 4, 2026

Montgomery County, Ohio · Dayton

Life changes — incomes shift, parents move, schedules stop working. In Montgomery County, you can ask the court that issued your order to modify custody, parenting time, or child support. Custody modifications require a change of circumstances and a best-interest finding under R.C. 3109.04(E). Post-decree motions carry a $200 deposit at the DR Court.

Hire Gavvl for your Montgomery County modifications case

Flat-fee and full-representation options: we handle the filings, the Montgomery 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 Montgomery County, Ohio?

File a motion in the court that issued the order — the Montgomery County DR Court (301 West Third Street) for married/divorced parents or the Juvenile Court (380 West Second Street) for never-married parents. Use the Motion for Change of Custody, Motion for Change of Parenting Time, or Motion for Child Support Modification. Custody changes require a change of circumstances and that modification serves the children's best interest (R.C. 3109.04(E)). DR post-decree motions carry a ~$200 deposit.

Modify a Montgomery County custody or support order with Gavvl Law

When incomes shift, a parent moves, or a schedule stops working, Montgomery County lets you ask the court that issued the order to change custody, parenting time, or support. Custody changes clear a real bar — a change of circumstances plus a best-interest finding under R.C. 3109.04(E) — and DR post-decree motions carry a $200 deposit. Gavvl Law files in the right court with the right proof, on a flat fee approved before we start, with payment plans available.

Clearing the change-of-circumstances bar. R.C. 3109.04(E) requires both a genuine change since the last order and proof that a custody change serves the children. Parenting-time adjustments use a lower threshold. We frame your motion to the standard that actually applies so it is not denied at the threshold.
Right court, right forms. Married and divorced parents file at the DR Court on West Third Street using the local Motion for Change of Custody or Change of Parenting Time; never-married parents use the Juvenile Court's Modification packet on West Second Street. We file where your original order lives, with that court's own forms.
Support reviews that hold up. Child support can be reviewed through Montgomery County CSEA or by motion, generally when the recalculated amount swings 30% or more. We run the current Ohio Income Shares worksheet first so a modification request is backed by the number the court will actually use.

A DR post-decree motion runs a $200 deposit, and self-represented filings pass through the Compliance Office (Room 261, 2nd Floor) before they reach the Clerk. We prepare the motion, the supporting affidavit, and any updated worksheet so the filing clears review and the deposit is not spent on a motion that gets bounced.

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: Montgomery County Court of Common Pleas, Domestic Relations Division

301 West Third Street, 2nd & 3rd Floor, Dayton, OH 45422
Phone: (937) 225-4063
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m. (closed for lunch 12:00–1:15 p.m.)
Website: Court website
e-Filing: Online e-filing portal

Juvenile Branch (Never-Married Parents)

Montgomery County Juvenile Court
380 West Second Street, Dayton, OH 45422
Phone: (937) 496-7908
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.

Post-Decree Modifications is the right path if…

An existing order no longer fits because of a real change in circumstances.
You want to change custody, parenting time, or the child-support amount.
You can show the change happened since the last order and modification serves the children.
You're filing in the county that issued the order (or where the children now live).

Filing Fees

~$200 post-decree deposit at DR · Juvenile modification filings follow the Juvenile Court fee schedule

Forms & Filing Packets

Modify a Domestic Relations order (married/divorced parents) — ~$200 post-decree deposit

Motion for Change of Custody (DR Local Form) — Asks the DR Court to reallocate parental rights. Requires a change of circumstances and a best-interest finding under R.C. 3109.04(E).
Motion for Change of Parenting Time (DR Local Form) — Asks the DR Court to adjust the parenting-time schedule when the current order no longer works.
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.

Modify a Juvenile Court order (never-married parents)

Modification of an Existing Order (Juvenile Court) — The Montgomery County Juvenile Court packet to modify custody, parenting time, or support in a never-married case.
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.
IV-D Application for Child Support Services — Opens your case with Montgomery County CSEA so support can be collected, tracked, and enforced through wage withholding.

How to File Post-Decree Modifications in Montgomery County

File in the court that issued the order. DR for married/divorced parents (301 West Third Street); Juvenile for never-married parents (380 West Second Street).
Identify the change of circumstances. Document what changed since the last order — a move, income change, schedule change, or the children's needs.
Use the correct motion or packet. DR: Motion for Change of Custody or Parenting Time. Juvenile: the Modification of an Existing Order packet. Attach a current child-support worksheet for support changes.
File and serve. Pay the ~$200 post-decree deposit (DR). Self-represented DR parties review through the Compliance Office; Juvenile filers can use Citizen Services.

Montgomery County Practice Notes

Custody changes need a change of circumstances. Under R.C. 3109.04(E), modifying custody requires both a change in circumstances since the last order and a finding that the change serves the children's best interest. Parenting-time adjustments use a lower threshold than a full custody change.
Child support reviews. Support can be reviewed administratively through the Montgomery County CSEA, (937) 225-4600, or by motion in court, generally when there is a substantial change such as a 30%+ swing in the support amount. Run the current Ohio Income Shares worksheet to confirm.
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

Do I file in Domestic Relations or Juvenile Court in Montgomery County?: If you are married to the other parent (or were married when the children were born), custody, parenting time, and child support travel with the divorce, dissolution, legal separation, or annulment at the Domestic Relations Court, 301 W. Third Street. If you were never married, paternity and custody go to the Montgomery County Juvenile Court at 380 W. Second Street — a separate building in downtown Dayton. Grandparent and non-parent custody is always Juvenile.
What does Montgomery County CSEA do?: The Montgomery County Child Support Enforcement Agency at (937) 225-4600, 1111 S. Edwin C. Moses Blvd., opens IV-D cases, runs the Ohio Income Shares calculation, collects support through wage withholding, distributes it to the receiving parent, and enforces orders through license suspension, tax intercept, and contempt referrals. File an IV-D Application whenever a child-support order is established.
How much does it cost to file in Montgomery County?: Domestic Relations deposits: divorce $375 without children / $475 with children; dissolution $300 without children / $400 with children; legal separation $300 / $400; annulment $300. Post-decree motions are $200 and service by publication is $200. There is no filing fee for a DV/CPO. Court surcharges (Technology $20, E-Filing/Storage $35, Parent Education $10, and others) are added per Mont. D.R. Rule 2, and a 3% convenience fee applies to card and e-filing payments. Confirm current amounts with the Clerk of Courts at 41 N. Perry Street.
How do self-represented parties file in Montgomery County DR Court?: Self-represented parties cannot e-file. Start at the Court Navigator's Office (Room 222, 2nd Floor) for help, then submit your completed forms to the Compliance Office (Room 261, 2nd Floor of 301 W. Third Street), (937) 225-4782. The Compliance Office reviews every self-represented filing and every decree with support provisions — corrections must be made in white-out and blue ink (no cross-outs). After approval you complete a Primary Party Questionnaire at the kiosk and file with the Clerk at 41 N. Perry Street.

Free Local Resources in Montgomery County

Montgomery County DR Court — Ohio Legal Help Self-Help Portal. Free step-by-step interviews and fillable forms for Montgomery County divorce, dissolution, legal separation, annulment, custody, support, and protection-order cases at mcdrc.ohiolegalhelp.org.
Montgomery County DR Court Navigator & Legal Clinic. The Court Navigator (Room 222, (937) 496-7766) and the free virtual Legal Clinic with the Greater Dayton Volunteer Lawyers Project (2nd Tuesday and 3rd Thursday monthly) help self-represented parties understand procedures and complete forms.
Montgomery County Juvenile Court Citizen Services. Free pro se assistance for custody, parenting time, child support, paternity, contempt, and grandparent filings at (937) 224-3977, citizen.services@mcjcohio.org — walk-in Monday/Tuesday, by appointment Wednesday–Friday.
Montgomery County CSEA. The county IV-D child-support agency at (937) 225-4600, 1111 S. Edwin C. Moses Blvd., opens cases, runs wage withholding, distributes payments, and enforces orders.

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.

More Montgomery County family-law resources

Ohio Post-Decree Modifications guide — Statewide overview of post-decree modifications in Ohio.
Dayton family law — Local attorneys and courts serving the Dayton metro.
Montgomery County family law guide — Court info, local filing notes, FAQs, and the downloadable Montgomery 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 (513) 643-1969 or email support@gavvl.com.