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

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Multi-State
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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. 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

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).

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.

As a general rule, Ohio sets a minimum of $80 a month for all the children covered by a child support order. However, an order could be for less than that minimum?or even for zero dollars?in appropriate circumstances, such as when a noncustodial parent has a physical or mental disability.

Ing to state law, child support continues until the child is both 18 years old and graduates from high school.

Ohio Department of Job and Family Services: Basic Child Support Schedule Annual IncomeOne ChildThree Children$16,200$1,350$1,896$16,800$1,380$1,968$17,400$1,410$2,040$18,000$1,440$2,11261 more rows

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.

In Ohio, the ?majority age? is 18, which is generally when child support payments end as long as the child has also graduated high school.

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.

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