Motion To Modify Child Support

INSTRUCTIONS FOR COMPLETING AND FILING MOTION TO MODIFY CHILD SUPPORT The Motion to Modify Child Support must be supported by an Affidavit stating the reasons you think a new support order should issue. You are also required to prepare and submit a Post Decree Income and Expense Affidavit and a Health Insurance Affidavit, both found on this Website. A completed Child Support Computation Worksheet, found on this website, must also be presented when you come to the hearing on your motion. Caption: On the line labeled "Plaintiff/Petitioner-01" fill in the name of the same person who was the original Plaintiff or Petitioner-01 when the case was first filed. On the line labeled "Defendant/Petitioner-02/Respondent fill in the name of the person who was the original Defendant, Petitioner-02 or Respondent when the case was first filed. Fill in the same case number and judge assigned by the Clerk of Courts when the case was first filed. Paragraph 1: Fill in your name and whether you are "Plaintiff", "Defendant", etc. on the line in the first paragraph. Check the appropriate box indicating whether you are seeking an increase or a decrease in support. Paragraph 2: Fill in the date the last support order was issued. (This date is on the stamp marked "Received for Filing" on the last page of the last order.) Paragraph 3: Prepare and attach a Notarized Affidavit (last page) specifically stating the reason(s) why you want to have the support order changed. Signature: Print your name on the first line, sign it on the second line, and print your address and daytime telephone number. 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. Please refer to Local Rule 1 of this Court's Rules for the correct amount. SERVICE The Court cannot consider your motion unless it has been "served" on your spouse. The motion you file must be "served" by the Clerk of Court (not by you). A commonly used method of service is by certified mail. You must instruct the Clerk to do this by filing "Instructions for Service". If the mail is returned to the Clerk from the Postal Service as unclaimed or refused, that information is posted on the "docket" in your case, and you will be notified by postcard. You must then instruct the Clerk to send service by ordinary mail. To do this, you must file a new "Instructions for Service" form, with a copy of the motion attached, requesting that service be made by regular mail. PLEASE NOTE: IT IS YOUR RESPONSIBILITY TO MAKE SURE SERVICE IS COMPLETED. THIS WEBSITE DOES NOT EXPLAIN OTHER LEGAL METHODS OF SERVICE. FOR FURTHER INFORMATION REFER TO RULES 4 THROUGH 4.6 OF THE OHIO RULES OF CIVIL PROCEDURE. DR0706113 Motion to Modify Child Support American LegalNet, Inc. www.FormsWorkFlow.com COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO ____________________________________ PLAINTIFF/PETITIONER-01 ____________________________________ ADDRESS ____________________________________ CITY/STATE/ZIP vs. : CASE NO. DR: _____________________ : : JUDGE ____________________________ : ____________________________________ DEFENDANT/PETITIONER-02 RESPONDENT ____________________________________ ADDRESS ____________________________________ CITY/STATE/ZIP : : : MOTION TO MODIFY CHILD SUPPORT Now comes ______________________________, and moves this Honorable Court for an order decreasing increasing his/her current support for the minor child(ren). The previous child support order was issued on _________________________. The reason(s) for this request are stated in the attached affidavit. Respectfully submitted, ____________________________________ PRINT NAME ____________________________________ SIGNATURE ____________________________________ ADDRESS ____________________________________ CITY, STATE, ZIP CODE ____________________________________ DAYTIME TELEPHONE NUMBER American LegalNet, Inc. www.FormsWorkFlow.com STATE OF OHIO CUYAHOGA COUNTY ) ) ) SS: AFFIDAVIT I, ______________________, having been first duly sworn according to law, hereby state and depose that: 1. _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ FURTHER, AFFIANT SAYETH NAUGHT. _______________________________________ SIGNATURE Sworn to and subscribed before me this ________ day of __________________, 20____. NOTARY SEAL _______________________________________ NOTARY PUBLIC American LegalNet, Inc. www.FormsWorkFlow.com