Ohio Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

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Multi-State
Control #:
US-00800BG
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Word; 
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Description

This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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FAQ

If you're eligible, fill out the JFS 01849, "Request for an Administrative Review of the Child Support Order. Sign the form and submit it along with any necessary documents* to your CSEA. Once they receive your request, your caseworker will decide if your case can have an administrative review.

Explain your change of circumstances. On the paperwork, explain how your circumstances are different (like if your income is different, or if your custody changes). The change must result in at least a 10% change to the total child support amount. Proving that your child's needs are different is not required.

Once a divorce is final, it may be reopened in limited circumstances. To reopen your case, your attorney will file a motion with the court.

Either party can bring a suit to enforce the decree with the court at any time. After hearing evidence, the court may hold the non-complying party in contempt for refusing to follow the provisions in the decree.

FILING THE MOTION TO MODIFY CHILD SUPPORT You must file the motion with the Clerk of Court located in Room 35, on the ground floor of the Cuyahoga County Courthouse, 1 W. Lakeside Ave., Cleveland, Ohio 44113. You will be required to pay a ?filing fee? to the Clerk of Court at the time you file the motion.

At any time before a final judgment is entered in a divorce action, the spouses may convert the action for divorce into an action for dissolution of marriage by filing a motion with the court in which the divorce action is pending for conversion of the divorce action.

Modifying a Divorce Decree in Ohio People can retain the right to amend the property and debt division by agreement, but this needs to be spelled out quite exactly. However, other aspects, especially those relating to children, may need to be changed.

Ohio's new child support calculation will take into account parent contributions during shared parenting time. The new law specifies a 10% parenting time adjustment for all standard parenting time orders (which is approximately every other weekend and one night per week or 90 overnights per year).

To start a custody change, you have to file a motion in court. Go to the ?Motion for custody change? page to find the forms you need. Explain your proposed changes and why they meet the requirements above. File them in the court where the original order was made.

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Ohio Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support