Modifying Orders in Montgomery County

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.

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

Juvenile Branch (Never-Married Parents)

Montgomery County Juvenile Court
380 West Second Street, Dayton, OH 45422, 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

How to File Post-Decree Modifications in Montgomery County

1. 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).
2. Identify the change of circumstances. Document what changed since the last order — a move, income change, schedule change, or the children's needs.
3. 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.
4. 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 CSEA 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.

Other Family-Law Topics in Montgomery County

• Montgomery County Divorce — Full filing guide for contested divorce in Montgomery DR.
• Montgomery County Dissolution — Both-parties-agree route — faster and cheaper than divorce.
• Montgomery County Custody — Married parents file inside divorce; never-married parents file at the Juvenile Court.

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

• Ohio Post-Decree Modifications guide — Statewide overview of post-decree modifications in Ohio.
• Dayton family law — Local attorneys and courts serving the Dayton metro.
• Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
• Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.