Local Rules

1.0 Compliance with Ohio Rules of Civil Procedure; Individual Assignment System (Revised 3/25/2015)

Unless otherwise provided herein, all pleadings, motions, and other filings shall comply in form and content with Title II of the Ohio Rules of Civil Procedure and the Local Rules of the Court of Common Pleas of Hamilton County, Ohio.

(A) (1) Individual assignment system.   As used in these rules, “individual assignment system” means the system in which, upon the filing in or transfer to the court or a division of the court, a case immediately is assigned by lot to a judge of the division, who becomes primarily responsible for the determination of the issues and proceeding in the case until its termination, subject to provisions of Rule 53 Ohio Rules of Civil Procedure.   All preliminary matters, including requests for continuances, shall be submitted for disposition to the judge or magistrate to whom the case has been assigned or, if the assigned judge or magistrate is unavailable, to the administrative judge. The individual assignment system ensures all of the following:

(a) Judicial accountability for the processing of individual cases;

(b) Timely processing of cases through prompt judicial control over cases and the pace of litigation;

(c) Random assignment of cases to judges of the division through an objective and impartial system that ensures the equitable distribution of cases between or among the judges of the division

(2) Modifications to the individual assignment system may be adopted to provide for the redistribution of cases involving the same parties, family members, or subject-matter. Any modifications shall satisfy divisions (A)(1)(a) to (c) of this rule.

(B) Assignment of refiled cases. In any instance where a previously filed and dismissed case is refiled, that case shall be reassigned to the judge originally assigned by lot to hear it unless, for good cause shown, that judge is precluded from hearing the case.

(C) Assignment upon reversal and remand from the Court of Appeals. When a case is reversed and remanded, the case may be reassigned by lot in accordance with the system authorized in (A)(1).  The case may or may not require a hearing to be set to resolve the issue at hand.  If a hearing is required, the court will set the matter upon the assigned judge or magistrate's docket.  

(D) Administrative Judge Relief from Case or Trial Duties.  The administrative judge of a court or division may be relieved of a portion of the judge's case or trial duties in order to manage the calendar and docket of the court or division.

1.1 Questionnaires

Attorneys will be required to complete the questionnaire for all divorce and dissolutions filed.

Questionnaires are to be typed and submitted by Plaintiff’s attorney and must include complete information for both Plaintiff and Defendant as known.

Questionnaires are to be submitted to the Domestic Relations Docket Office

(Room 03-46) the same day the divorce/dissolution is filed.

Any incomplete questionnaire will be returned to the attorney to be completed and resubmitted. The case number must be stamped on all questionnaires by the Clerk of Courts and returned to the Docket Office.

1.2 Continuances - Amended 05/01/2012

All continuances of scheduled matters shall be sought in strict compliance with this rule, and will be granted only for good cause shown.  The court will make the final determination as to whether to grant or deny a request or motion for continuance. 

The party requesting a continuance shall first seek the agreement of the other party.  If both parties agree to the continuance, the requesting party or counsel shall submit either a Continuance Order to the assigned judge (Form DR 8.1A), or to the assigned magistrate (Form DR 8.1).  In either case, the form shall be fully completed (including the specific reason for the requested continuance), AND signed by both parties or their counsel (personally, or by telephone authorization). 

If the consent of the other party cannot be obtained, the requesting party shall then file a motion for continuance, which shall be scheduled for hearing on the appropriate docket, with proper service upon, and adequate notice provided, to all parties.

The assigned judge or magistrate may assess reasonable costs and/or attorney fees against a party as a result of that party’s improvidently requesting or resisting the continuance.

1.3 Ohio Attorney

No action in the Court of Common Pleas, Division of Domestic Relations for divorce, legal separation, annulment or dissolution of marriage, shall be filed or tried by an attorney not admitted to practice in the State of Ohio, unless there is co-counsel who is admitted to practice in Ohio.

1.4 Continuances and Dismissals - ELIMINATED 05/01/2012

1.5 Post Decree Motions and Filings– Amended 05-14-2012

On the filing of any post-decree motion, except for those listed herein below, the party filing the motion must pay a filing fee of $125.00, regardless of any custody or child support issues. 

The Court of Domestic Relations will exempt the following motions from payment of a filing fee:

§   Motion for Continuance

§   Motion for In Camera Interview

§   Motion to Mitigate

§   Motion to Set Aside Magistrate’s Order

§   Motion to Withdraw as Counsel

§   Motion to Compel

§   Motion for Attorney Fees

§   Motion for Guardian Ad Litem Fees

If a party asserts that they are indigent and unable to pay the $125.00 filing fee, a poverty affidavit will be required at the time of the filing.  The court will undertake a further review of the issue of costs at the hearing on the motion and make a final determination regarding payment. 

A filing fee will not be required for any pre-decree motions or pre- or post- decree Objections to Magistrate’s Decisions. 

1.6 Court Filings – Amended 04-01-2013

All documents to be filed of record in a Domestic Relations Court case (e.g. all pleadings, motions, notices of hearing, memoranda, trial briefs, findings of fact, etc.) must be presented to and acknowledged by the Domestic Relations Court Docket Office prior to being presented to the Hamilton County Clerk of Courts’ Office for filing. Sufficient legible copies of documents to be filed must accompany the originals so as to allow the Domestic Relations Court Docket Office to retain one (1) copy of all documents to be filed; to allow the Hamilton County Clerk of Court’s Office to retain, not only the originals, but also the number of copies it requires for service and other purposes; and for delivery of a copy of certain documents to the assigned Judge or Magistrate as required below.

All motions to be heard by either a Judge or a Magistrate must first be set for hearing by the Domestic Relations Court Docket Office prior to being presented to the Hamilton County Clerk of Courts Office for filing. Written notice of the date, time, duration, type and place of any hearing on a motion, and sufficient copies of such notice, must then be filed with the Clerk of Court's Office and served along with the motion itself.

Immediately after filing with the Clerk of Court's Office, a filed stamped copy of any written memorandum, trial brief, final argument, request for findings of fact and conclusions of law, etc., which is to be considered by a Judge or Magistrate in resolving any issue in a case shall be submitted to that Judge or Magistrate by delivering the copy to the bailiff or constable for the Judge, or by leaving the copy in the Magistrate's mail box in room 2-100 or 2-34.

1.7 Classification and Notification Forms

No complaint in a domestic relations case shall be accepted for filing unless accompanied by a completed classification form provided by the Domestic Relations Docket Office in Room 03-46. No other pleading whereby an attorney makes his or her first appearance in a domestic relations case shall be accepted for filing unless accompanied by a completed notification form. The Clerk of Courts shall furnish such forms in Room 03-47.

1.8 Income and Expense Statement

An income and expense statement shall be filed and served on opposing party along with original pleadings or no later than 7 days prior to the date of the hearing. Upon failure of either party to submit such statement, the Magistrate may render a decision on the evidence presented, or order the matter reset and order appropriate attorney's fee.

1.9 Decree to Contain Specific Information

A decree will not be accepted unless it sets out specifically the amount of support payment per child, per month, spousal support, the exact date such payment is to commence and a statement that payment shall be made through the Child Support Enforcement Agency with an appropriate withholding order and medical forms attached.

In addition, the amount of arrearage, if any, as of a date certain shall be included, with reference to the mode of payment of such arrearage.

1.10 Filing; Time Limitations

Within seventy-five (75) days from the date of service, the Plaintiff must file one of the following or the case will be subject to dismissal without prejudice on the seventy-sixth (76) day:

1. A "Request for Merit Setting" entry (prepared entry obtained in Domestic Relations Docket Office Room 03-46).

2. A property statement which contains scheduling conference date.

3. A request for custody investigation and payment of the appropriate fee.

1.11 Entry of Dismissal

All Entries of Dismissal, in which child support, spousal support or alimony are involved, shall incorporate the fact that the support obligation has terminated, the support account closed and arrearage reduced to zero. The original Entry shall be left with the Court Secretary.

1.12 Family File Number - ELIMINATED 9/3/2019

1.13 Agreed Entries - Amended 8-24-07

A. Reducing Support or Arrearage

Agreed Entries to reduce or terminate child support payments or to reduce or erase arrearages are not accepted.  A filed motion, with proper service to the Hamilton County Child Support Enforcement Agency, followed by a hearing is required.
An exception to the above will be made only in cases where the party against whom a reduction of support or arrearage is sought is represented by counsel, and an entry is presented, signed by all parties and counsel, setting forth the factual basis for such reduction and the fact that the party against whom the reduction was made agreed to the reduction voluntarily and with the advice and consent of counsel. An applicable motion with waiver of service and payment of the post-decree motion filing fee is required before the Magistrate will review the Agreed Entry.

B. Change of Residential Parent

Agreed entries changing the residential parent are not accepted. A filed motion, with proper service to the Hamilton County Child Support Enforcement Agency, followed by a hearing is required.
An exception to the above will be made only in cases where the party losing residential parent status is represented by counsel, and an entry is presented, signed by all parties and counsel, setting forth the agreement regarding the change in status and the effect thereon to child support payments, medical and dental insurance coverage and status of tax exemptions.An applicable motion with waiver of service and payment of the post-decree motion filing fee is required before the Magistrate will review the Agreed Entry.

C. Shared Parenting Plans

Minor changes to Shared Parenting Plans are exempted.

D. Generally

Agreed entries shall bear the signature of all parties and counsel.
In cases where a party is not represented by counsel and an Agreed Entry purports to deprive such party of a right or otherwise operates to the potential detriment of such party, a hearing on the merits of such matters shall be conducted by the Court before such entry shall be accepted and journalized by the Court.

1.14 Service; Pleadings Invoking Continuing Jurisdiction

Pleadings invoking the continuing jurisdiction of the Court pursuant to Ohio Rules of Civil Procedure 75(J) shall be served according to the provisions regarding service of process in Rule 4 to 4.6, Ohio Rules of Civil Procedure. Responsive pleadings may be served upon the attorney of record in the proceedings pursuant to Rule 5(B), Ohio Rules of Civil Procedure.

1.15 Voluntary Dismissal; Stipulation or Notice of

1. Stipulations or notices of voluntary dismissal of a Domestic Court action shall be governed by the provisions of Rule 41, Ohio Rules of Civil Procedure.

2. Before such stipulations or notices can be accepted by the Clerk of Courts, a copy thereof must be filed with the Domestic relations Court, and the original stipulation or notice must bear the endorsement of the Domestic Relations Court demonstrating that a copy thereof was filed with the Domestic Relations Docket Office (Room 03-46)

1.16 Ex Parte Orders – Amended 3-18-08

      No ex parte applications, orders, motions, or entries shall be submitted unless expressly authorized by law.

 An expedited hearing may be requested in extraordinary circumstances. The moving party will be required to present their motion and attached affidavit outlining the need for an expedited hearing to the assigned magistrate for review.  In the absence of the assigned magistrate, the moving party shall present their motion and attached affidavit to the Administrative Magistrate for review.  If an expedited hearing is approved, the moving party will be required to provide notice   to the non-moving party in accordance with Civ. R. 6(D) and to perfect service of their motion in accordance with Civ. R. 4.3(B).

1.17 Merit Hearing Settings

Merit hearings will not be scheduled without the filing of a "Request for Merit Setting" entry form 9.1 (available in Room 03-46). This states that all matters pertaining to alimony, support, parenting and division of property have been resolved. This entry is submitted to the Docket Office (Room 03-46) who will then schedule a hearing. Decrees must be presented to the Court at the time of the merit hearing. The "Request for Merit Setting" entry will not be necessary for Dissolutions filed.

1.18 Motion for Modification, Enforcement or Termination of Support Order to be Served

1.18 Motion for Modification, Enforcement or Termination of Support Order to

        be Served on Child Support Enforcement Agency - Amended 8-24-07

Pursuant to O.R.C. §3121.25, any party filing a motion for modification, enforcement or termination of a support order, shall serve a copy thereof on the Child Support Enforcement Agency, 222 E. Central Parkway 6th Floor, Cincinnati, Ohio.

1.19 Identification Requirement

Initial filing documents presented to the Domestic Relations Docket Office shall include a legible copy of a driver’s license or a State of Ohio Identification card. Copies of either will be acceptable.

1.20 Interest on Support Arrearage

"Where interest on a support arrearage is an issue, the motion or other pleading shall include the following information:

1. The date(s) of each court order fixing or modifying the sum(s) to be paid;

2. The total claimed delinquency, without interest; and

3. The amount of interest being requested and the calculations relied upon in support of the claim. Counsel shall oversee these calculations so that he/she can verify the reasonable accuracy of the figures.

Respondents who contest any of the figures proposed by the movant shall file a responsive pleading 28 days prior to the hearing date. The pleading shall address the factors listed in (1-3) and shall state with specificity the documents relied upon and the reasons for the disparity in the figures, if known."

1.21 Title IV-D Requirement

When filing a Complaint for Divorce and/or Petition for Dissolution and child(ren) are involved, a IV-D Application MUST accompany the filing.

In addition, when filing a Post-Decree Motion involving health care or support, a IV-D Application MUST accompany the motion.

1.22 Indigency Proceedings

A. Poverty Affidavits

The deposit or costs shall be considered met if a party files an Affidavit of Poverty swearing, in good faith, that the party does not have sufficient funds at present to pay the deposit and there is a certification by the attorney, if any, that no attorney fees have been paid. The filing of a Poverty Affidavit does not relieve a party from liability for court costs. Nothing herein shall be construed to prevent the Court from assessing costs to the other party.

B. Subsequent Deposit

If, during the course of a proceeding, the Court learns that a party, who has filed a Poverty Affidavit, is or has become able to pay the applicable court costs, the Court may order that party to pay the court costs within a reasonable period of time commensurate with the circumstances. Additionally, if it is determined by the Court that there was an intent by the party or the attorney to misrepresent the facts put forth in the affidavit in any way, sanctions may be levied by the Court.

1.23 Termination of Inactive Cases

An inactive case is a case which has been on the docket for six months and which (1) has not been tried, (2) is not awaiting trial assignment, and (3) is not stayed by order of the Judge to whom the case is assigned. Inactive cases shall be set for hearing to be tried or dismissed or for report after written notice to counsel of record or to unrepresented parties.

1.24 Pregnancy Disclosure and Disputed Parentage - Amended 1/01/2011

In actions for divorce, dissolution of marriage, annulment and legal separation:

1. Where the wife is pregnant or either party asserts that a child born during the marriage is not the husband’s child, the initial pleading shall set forth the husband’s paternity status in relation to the child;

2. If a pregnancy or disputed paternity status has not been disclosed in the initial pleadings, an amended pleading shall be filed setting forth the husband’s paternity status in relation to the child;

3. If either party denies the husband’s paternity, the Court shall proceed, pursuant to ORC Chapter 3111.10, to determine if the parent and child relationship exists between the husband and the child, and then shall proceed to hear and determine all aspects of the case. 

1.25 Motion for Contempt for Failure to Reimburse Medical Costs

1. A party requesting reimbursement or payment of medical costs shall deliver appropriate documentation of such costs to the other party or parties by hand delivery, certified mail, regular mail, fax or e-mail. If a party delivers the documentation by hand, the receiving party shall sign a document acknowledging receipt. No parent shall deliver medical bills to the other parent through a minor child.

2. A Movant who requests a finding of contempt for a failure to reimburse medical costs shall completely fill out and attach to the motion the Medical Expense Sheet (Form # 1.25).

3. Actual copies of the medical bills and/or Explanation of Benefits forms shall not be attached to the motion, but may be presented as exhibits at the hearing if not otherwise stipulated into evidence.

1.26 Mandatory Disclosure Order - New Rule, Effective 1-2-08 -- Amended 10-1-2009

(A)       Mandatory Disclosure Order

           In every new action for divorce, legal separation or annulment, the plaintiff shall obtain a copy of the Administrative Judge’s Order Re: Mandatory Disclosure Pursuant to Local Rule 1.26 (Form No. DR 1.26).  The Order shall be served upon the defendant along with the complaint and supplemental documents.  Within 45 days of service on the defendant of the Complaint For Divorce, Legal Separation or Annulment and Mandatory Disclosure Order, each party shall disclose to the other all of the following information and documents that is in his or her custody, possession or control:

1. All real estate deeds and vehicle titles;
2. The most recently issued statements on all bank accounts, annuities, stocks, and bonds;
3. The most recently issues statements regarding pensions, profit sharing plans, retirement benefits, and IRA’s, including the most recent summary plan description; 
4. All life insurance policies in force now or within the last six months, including the most recent cash value statements;
5. The last three years’ income tax returns;
6. Proof of current income from all sources;
7. Health, dental and vision insurance coverage available along with ALL plan options and costs (i.e. single, family, etc.);
8. All COBRA benefits to which either party may be entitled, including cost estimates;
9. Child care expenses;
10. The most recently issued statements for all liabilities including, but not limited to, mortgages, lines of credit, loans, and credit card accounts;
11. Completed  Property Statement (Form No. DR 4.1);
12. Completed Affidavit of Income, Expenses & Financial Disclosure (Form No. DR 7.3).

(B)       Manner of Disclosure

           The disclosures referred to in paragraph (A) shall be made by providing copies of documents in one of the following manners:

1. Electronic e-mail to the other party’s attorney;
2. Facsimile to the other party’s attorney;
3. Mail to the other party’s attorney; or
4. Hand delivery to the other party’s attorney.

If a party is unrepresented, this disclosure shall be as provided herein to the party.

(C)       Extension of Time

            For good cause shown, a motion or an agreed entry may be filed to modify the Mandatory Disclosure Order or to extend the time to disclose the             foregoing information and documents.

(D)       Failure to Comply with Disclosure Order

            Failure to comply with the Mandatory Disclosure Order may result in sanctions, including, but not limited to, the following:

1. A finding of contempt;
2. Award of attorney fees;
3. Dismissal of claims; and
4. Restrictions upon the submission of evidence.

1.27 Interpretive Services - Revised Rule, Amended 3-28-2011

When interpretive services are needed, the attorney or party requesting an interpreter shall complete Form DR 1.7 (Request for Interpreter) and submit it to Deanna Rohe Rm. 2-34 or Fax - (513) 946-9070 no later than ten days before the scheduled hearing. The Court will arrange for an appropriate interpreter to be present for the hearing. 

1.28 Special Projects' Fee - Revised 03/25/2015

This Court has determined that, for the efficient operation of the Court, additional funds are necessary to acquire and pay for special projects of the Court.

 Pursuant to ORC 2303.201(E)(1), a special project fee shall be collected by the Clerk of Courts upon the initial filing of a Divorce, Legal Separation, Annulment or Dissolution, and for post decree motions.

Beginning June 1, 2014, the fee assessed upon referral to the Court’s Early Neutral Evaluation program will be processed as a Special Project Fee.

Beginning March 25, 2015, the fee assessed upon referral to the Court’s Post-Decree Mediation program will be processed as a Special Project Fee.

Beginning April 18, 2016, the fee assessed upon referral to the Court's in-person Mandatory Parenting Education Class "Parenting Through Transitions" will be processed as a Special Project Fee.

 All moneys collected by the Clerk of Courts under this rule shall be paid to the Hamilton County Treasurer, to be disbursed upon order of this Court.

TITLE II: PARENTING ALLOCATIONS LOCAL RULES 2.0 TO 2.11 PDF

2.0 PRE-DECREE DIVORCE CASES PDF

2.1 PRE-DECREE DISSOLUTION CASES PDF

2.2 POST-DECREE CASES PDF

2.3 EVALUATION PDF

2.4 RESERVED SUPERVISED PARENTING TIME 

2.5 STANDARD PARENTING ORDER PDF

2.6 CONCILIATION PDF

2.7 NOTICE OF RELOCATION PDF - Amended 3-01-10

2.8 MEDIATION PDF - Amended 1-1-2007; Amended 5/14/2020

2.9 MANDATORY PARENTING EDUCATION CLASS PDF; Updated 08/30/2022

2.10 NEUTRAL EVALUATION PDF; Revised 6/1/2020

2.11 PARENTING COORDINATION PDF - NEW 01/01/2016; UPDATED 01/29/2020; UPDATED 08/29/2022

3.0 Motion and affidavit for temporary parenting orders, support, visitation, spousal support shall be filed in all cases pursuant to Ohio Rules of Civil Procedure 75(N)

75(N) Order packets are available on the Domestic Relations website and contain the following documents:

1. Motion and Affidavit for Temporary Order Without Oral Hearing (Form No. 3.2)

2. Affidavit of Income, Expenses and Financial Disclosure (Form No. 7.3)

3. Affidavit in Compliance with O.R.C.§3127.23 (Form No. 2.1)

4. Group Health Insurance Affidavit (Form No. 7.16)

5. Support Worksheets (Form No. 7.5A or 7.6A)

6. Data Form (CDR 4905)

7. Notice of Service Form (Form No. 3.4)

8. IV-D Application (ODHS 7076).

3.1 Mandatory Use

The 75(N) procedure must be used in conjunction with the filing of a complaint, answer and/or counterclaim, or other responsive pleading. At other times an amended pleading must be filed. Leave to amend to include 75(N) relief will be granted automatically by the Court with no action required by counsel to secure such permission provided that the 75(N) relief is the only additional relief requested.

COUNTER MOTION AND AFFIDAVIT - The opposing party shall have 14 days from the date of service within which to file a counter motion and the appropriate affidavits. The originals shall be filed with the Clerk of Courts in Room 03-47 AND a time-stamped copy delivered to the Docket Office in Room 03-46. Service shall be obtained upon the other party/counsel as required by law.

3.2 Temporary expenses

An allocation of temporary parental rights and responsibilities and support shall not be granted when the parties remain in the same household. In accordance with the request in the 75(N) order or upon motion and hearing, the Magistrate may order or recommend payment of household expenses.

3.3 Implementation

It is the responsibility of counsel to verify service on the opposing party. No order will be entered before 14 days have elapsed after completion of service. No sooner than 15 days after service, or upon filing of a Counter Affidavit, whichever occurs first, completed original  Forms No. 3.4 must be submitted to the Clerk of Courts office in Room 3-47 and, if support is required, form CDR 4905 must be submitted to the Docket Office in Room 03-46. Either party may submit the forms. Only the filing of these forms will activate the 75(N) Order. The assigned Magistrate will then make the appropriate order (without oral hearing) which will be mailed to the parties/counsel as necessary. The Court will establish the support account and process the Wage Withholding Order.

3.4 Motion for Specific Ongoing Expenses

In cases where the parties continue to reside together at the time of a hearing on a motion for custody and support pendente lite, the matter will be treated as a motion to determine and fix the payment of specific ongoing expenses, and no temporary custody or support order shall issue so long as the parties continue to cohabit.

4.0 Procedure

Scheduling conferences shall be set on property issues at the time of the filing of the complaint. In lieu thereof, counsel for the parties may submit, 14 days prior to the scheduled conference date, a Magistrate’s Order reflecting the general nature of issues to be litigated, stipulations of fact and status of discovery, with limitations on discovery as appropriate.

No asset or minimal asset cases may be adjudicated at the scheduling conference pursuant to the ordinary rules of procedure. Matters requiring additional preliminary review may be set for formal pre-trial at a later time.

Trial counsel for the parties shall be present at all scheduling conferences thereafter as deemed appropriate. Failure of counsel to appear at scheduling or other pre-trial conference may result in sanctions or dismissal as appropriate. In the event the parties are unable to agree as to discovery scope or time limitation, the Magistrate shall submit recommendations thereon in the form of a Decision or Order.

5.0 Governing Law

All proceedings to register, modify and enforce a foreign custody order, or to contest the validity, modification or enforcement of a foreign custody order, shall be governed by, and shall proceed in accordance with, ORC Chapter 3127 (the Uniform Child Custody Jurisdiction and Enforcement Act), subject to the limits of jurisdiction outlined in ORC § 2301.03(B)(2).

5.1 Procedure for Registration of Foreign Custody Order

Pursuant to ORC § 3127.35, the filing of a certified copy of a foreign child custody determination order, and of copies of all the other documents and information enumerated in ORC § 3127.35, with the Hamilton County Clerk of Courts constitutes registration of the foreign child custody determination order. The court also requires the submission of a completed questionnaire (DR Form 1.1), a completed IV-D application (Form HC 7076), a Notice of Registration (DR Form 13.23) and the Defendant's Petition to Contest the Registration (Form DR 1.56). The aforementioned items shall first be submitted to the Domestic Relations Court Docket Office for review. Following this review, the party requesting registration shall file the order, documents and information with the Clerk of Courts' Domestic Relations Division office at 800 Broadway, 3rd floor, Cincinnati, Ohio. The fee for the Registration of a Foreign Custody Order is $ 75.00.

5.2 Procedure for Enforcement or Modification of Foreign Custody Order

Pursuant to ORC § 3127.01, et seq, a party or support enforcement agency may seek to modify, or to modify and enforce, a foreign custody order by filing a motion at the same time as a request for registration, or later. The filing fee is the same as the fee for a post-decree motion.

6.0 Governing Law

All proceedings to register, modify and enforce a foreign support order, or to contest the validity, modification or enforcement of a foreign support order, shall be governed by, and shall proceed in accordance with, ORC Chapter 3115 (the Uniform Interstate Family Support Act), subject to the limits of jurisdiction outlined in ORC § 2301.03(B)(2).

6.1 Procedure for Registration of Foreign Support Order

Pursuant to ORC § 3115.603, the filing of a certified copy of a foreign support order, and of copies of all the other documents and information enumerated in ORC § 3115.602, with the Hamilton County Clerk of Courts constitutes registration of the foreign support order. The court also requires the submission of a completed questionnaire (DR Form 1.1), a completed IV-D application (Form HC 7076), a Notice of Registration (DR Form 13.22) and the Defendant's Petition to Contest the Registration (DR Form 1.55). The aforementioned items shall first be submitted to the Domestic Relations Court Docket Office for review. Following this review, the party requesting registration shall file the order, documents and information with the Clerk of Courts' Domestic Relations Division office at 800 Broadway, 3rd floor, Cincinnati, Ohio.

6.2 Procedure for Enforcement or Modification of Foreign Support Order

Pursuant to ORC § 3115.609, et seq, a party or support enforcement agency may seek to modify, or to modify and enforce, a foreign support order by filing a motion at the same time as a request for registration, or later. The filing fee is the same as the fee for a post-decree motion.

7.0 Scope

The rules regarding Child Support Withholding Orders apply to all proceedings in the Court wherein the child(ren) is/are under the age of 18 or other dependent child(ren) of the parties.

7.1 Information Required - Amended 8-5-99

1. The date of birth of the obligor.
2. The social security number of the obligor
3. Order must be expressed in a monthly amount
4. Order must be "per child"
5. Order must be payable through the Child Support Enforcement Agency
6. The effective date
7. The order plus a 2% processing fee
8. Order must be accompanied by the following:

1. The appropriate worksheet, i.e. residential parent or shared parenting (Form No. 7.5A) or split parental rights and responsibilities (Form No. 7.6A)

2. HCDHS 4047 Notice to Income Provider and ODHS 4048 Addendum Withholding Notice OR an Unemployment Notice Order (Form No. 7.10)

3. A Data Form (CDR 4905)

4. A IV-D Application or copy thereof (Form ODHS 7076)

9. Mandated language:

1. O.R.C.§3113.21(A): All child support and spousal support by this order shall be withheld or deducted from the wages or assets of the obligor under the order in accordance with Section 3113.21 of the Revised Code and shall be forwarded to the obligee under the order in accordance with Sections 3113.21 to 3113.214 of the Revised Code. The specific withholding or deduction requirements or other appropriate requirements to be used to collect the support be set forth in and determined by reference to the notices that are mailed by the Court or Child     Support Enforcement Agency in accordance with Divisions (A)(2) and (D) of     Section 3113.21 of the Revised Code or Court Orders that are issued and sent out in accordance with Division (D)(6), (D)(7), or (H) of Section 3113.21 of the Revised Code, and shall be determined without the need for any amendment to the support order. Those notices and court orders, plus the notices provided by the court or agency that require the person who is required to pay support to notify the Child Support Enforcement Agency of any changes in their employment status or any other change in the status of their assets, are final and enforceable by the Court.

2. If termination of support: In entries involving the termination of support and  entries involving the reduction or elimination of a child support arrearage, the following statement shall be included: "No Federal or State Aid is involved and, if  there is Federal or State Aid involved, this entry shall not operate as a bar to any government agency collecting funds due".

7.2 Forms

Forms relevant to Child Support Withholding Orders are available in the Domestic Relations Docket Office (Room 03-46). Forms relevant to child support are:

Form No. Title

7.1 Waiver of Financial Disclosure Affidavit

7.2 Financial Disclosure Affidavit

7.3 Affidavit of Income, Expenses, and Financial Disclosure

7.5A Support Worksheet - Residential Parent or Shared Parenting

7.6A Support Worksheet - Split Parental Rights

7.10 Unemployment/Notice Order

7.14 Agreed Entry - Residential Parent

7.15 Agreed Entry - Shared Parenting

HCDHS 4047 Notice to Income Provider to Withhold Obligor Income/ Assets

CDR 4905 Data Form 

8.0 Court's Action on Magistrate's Decisions

The Court’s action regarding magistrate’s decisions shall be governed by Civil Rule 53(D)(4).

8.1 Objections to the Magistrate's Decision

1. Form. An objection to the magistrate’s decision pursuant to Civil Rule 53 shall be in writing and filed with the Clerk.

2. Content. Objections shall be specific and state with particularity the grounds for objection. Any objection to a finding of fact within the magistrate’s decision shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that fact.

3. Time. A timely objection to a magistrate’s decision is filed within fourteen days of the date the magistrate’s decision is filed. If any party timely files objections, any other party may also file objections no later than ten days after the first objections are filed. If a party makes a request for findings of fact and conclusions of law pursuant to Civil Rule 52, the time for filing objections begins to run when the magistrate files an amended decision including findings of fact and conclusions of law. Written objections shall first be submitted to the Domestic Relations Docket Office (Room 3-46) and then filed at the Clerk of Courts Office (800 Broadway, 3rd floor).

4. Hearing on Objections – Upon request by either party, at the time of filing or within ten days thereafter, the Court may schedule a hearing that shall be limited to fifteen minutes, per side, unless otherwise ordered by the Court. Every effort must be made to coordinate the hearing date with opposing party or counsel. The Court may sua sponte determine that a hearing is unnecessary and will send a notice to the parties if a hearing is cancelled for that reason.

5. Service of Objections. A copy of the objections shall be served on opposing counsel, the opposing party, or other interested parties, as appropriate.  The notice shall include the date, time and room number for any scheduled hearing on the objections. 

6. Supplemental Objections. If a transcript of the proceeding has been timely ordered, a party may supplement the objections with leave of court in accordance with Civil Rule 53(D)(3)(b)(iii).

7. Transcript Request Procedure.  If a transcript is requested pursuant to Civil Rule 53, the objection shall state that a full or partial transcript has been ordered. The objecting party shall complete a Request for Transcription (DR Form 8.30) and present the form to the assigned Judge's Staff on the same day as the filing of objections. Failure to do so may cause the Court to rule on the objections as if no transcript has been ordered. The party filing an objection has an affirmative duty to ensure that the transcript is prepared and delivered to the Court, by having the transcript filed with the Clerk of Courts or causing the transcript to be filed with the Clerk of Courts. Transcripts not received within thirty days from the filing of objections will not be considered, unless an extension of time to file the transcript has been requested in writing and granted in writing.

8. Payment of Transcript Costs. Unless otherwise ordered by the Court, the party ordering the transcript shall be responsible for the fees associated with the securing of the transcript. 

8.2 Motion to Set Aside Magistrate's Orders

1. Form. A motion to set aside the order of a magistrate pursuant to Civil Rule 53 shall be in writing and filed with the Clerk.

2. Content. The motion shall be specific and state with particularity the grounds for setting aside the pretrial order.  Any motion contesting a finding of fact within the order shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that fact.

3. Time. A timely motion to set aside a magistrate’s order is filed within ten days of the filing of the magistrate’s order. The motion shall first be submitted to the Domestic Relations Docket Office (Room 3-46) before filing at the Clerk of Courts Office (800 Broadway, 3rd floor). 

4. Hearing on Motion to Set Aside Order. Upon request by either party, at the time of filing or within ten days thereafter, the Court may schedule a hearing that shall be limited to fifteen minutes, per side, unless otherwise ordered by the Court. Every effort must be made to coordinate the hearing date with opposing party or counsel. The Court may sua sponte determine that a hearing is unnecessary and will send a notice to the parties if a hearing is cancelled for that reason.

5. Service of Motion to Set Aside Order. A copy of the motion shall be served on opposing counsel, the opposing party, or other interested parties, as appropriate.  The notice shall include the date, time and room number for any scheduled hearing on the motion. 

6. Transcript Request Procedure. If a transcript is requested pursuant to Civil Rule 53, the motion shall state that a full or partial transcript has been ordered. The party shall complete a Request for Transcription (DR Form 8.30) and present the form to the assigned Judge's Staff on the same day as the filing of the motion to set aside. Failure to do so may cause the Court to rule on the motion as if no transcript has been ordered. The party filing the motion has an affirmative duty to ensure that the transcript is prepared and delivered to the Court, by having the transcript filed with the Clerk of Courts or causing the transcript to be filed with the Clerk of Courts. Transcripts not received within thirty days from the filing of the motion to set aside will not be considered, unless an extension of time to file the transcript has been requested in writing and granted in writing. 

7. Payment of Transcript Costs. Unless otherwise ordered by the Court, the party ordering the transcript shall be responsible for the fees associated with the securing of the transcript. 

8.3 Request for Findings of Facts and Conclusions of Laws

A request for findings of fact and conclusions of law must be filed within seven days of the date of the filing of the magistrate's decision pursuant to Civil Rule 53(D)(3)(a)(ii).  Upon the filing of a request for findings of fact and conclusions of law, the time for filing objections is automatically stayed.  Objections may then be filed within fourteen days of the date of the filing of the amended magistrate’s decision with findings of fact and conclusions of law. 

8.4 Record of Proceedings

9.0 Hearing Date

A final merits hearing will not be scheduled until all issues concerning property division, allocation of parental rights and responsibilities and support have been resolved either by agreement or by court order. A Request for Merit Setting entry (Form 9.1) must be filed with the Domestic Relations Docket Office (Room 03-46) prior to the date being set for the final merits hearing.

11.0 Court Appointment of Real Estate Appraisers - Amended 1-7-2021

The Court has established a panel of qualified real estate appraisers. Their service can be obtained through the Docket Office (Room 03-46). An appointee will be paid $450.00 for appraising a single family residence. The appraisal of a two-family is $500.00. The cost for appraising other structures will be determined by the appraiser. An additional cost of $50.00 per hour for time entailed in a deposition and $200.00 for each Court appearance, will also be paid. Such fees will be paid to the Clerk of Courts prior to the appointment of the appraiser.

12.0 Soldiers' and Sailors' Relief Act

In any action or proceeding commenced in this Court governed by Solders’ and Sailors’ Relief Act of 1940, 50 USC 501, et. Seq. As amended, the Court may appoint an attorney to represent the defendant and protect his/her interest, and may set a fee.

12.1 Service of Summons on Military Personnel

1. Obtain a waiver of the Soldiers’ and Sailors’ Relief Act from the Veterans Service Commission at 230 E. Ninth St.,Rm 1100. Send same to the person sought to be served together with a cover letter explaining the waiver and requesting signature.

2. When a party sought to be served fails or refuses to sign and return the waiver, file a motion with the Court requesting that an attorney be appointed by the Court to represent the party in the service. Upon appointment, the attorney appointed shall contact his/her client and proceed on whatever basis is thereby arranged.

13.0 Body Attachments

When the Judge orders a body attachment to be issued, the attorney for the moving party shall prepare the Entry Ordering Body Attachment (Form No. 13.8), the pink Warrant Information sheet (Form No. 13.9) and the Warrant (available in the Clerk of Courts Office (Room 03-47). The original Entry Ordering Body Attachment is filed with the Clerk of Courts (Room 03-47). The original Warrant, the pink Warrant Information sheet and a copy of the Entry Ordering Body Attachment is to be submitted to the Sheriff’s Special Warrant Unit (located at 800 Broadway) for processing.

14.0 Witnesses

Witnesses with subpoenas may have the hearing officer sign the subpoena for verification. The witness may then take the subpoena to the Clerk of Courts for payment.

15.0 Ex-Parte Communications

No attorney shall discuss the merits, either orally or in writing, of any litigation with any Judge or Magistrate presiding over the matter until final disposition thereof without the presence of opposing counsel or the party, if not represented.

16.0 Agreed Withdrawal

An attorney seeking to withdraw as counsel in a pending case shall present a filed motion and a proposed entry to the assigned judge or magistrate.  The motion and proposed entry shall be served on all parties in accordance with the Ohio Rules of Civil Procedure.                              

The motion and proposed entry shall contain the following:

B.  Court’s Response

The Court may grant the motion without a hearing.  The Court will promptly notify counsel if a hearing is to be scheduled.  Once the judge or magistrate has ruled upon the motion, the Court will send a copy of the Entry to all attorneys and the client who requested the filing of the motion.

C.  Oral Motion

The Court may entertain an oral motion to withdraw if counsel who is requesting to withdraw and the client are present.  Absent an extraordinary circumstance the Court will not entertain such an oral motion.

An extraordinary circumstance includes, but is not limited to, a client discharging counsel.

16.1 Withdrawal Absent Agreement

1. Filing Requirements

   The attorney seeking to withdraw as counsel in a pending case, who does not have the agreement of the client, must present the motion to the Docket Office and secure a hearing date and time before the assigned judge or magistrate. 

   The motion must contain all of the requirements listed in 16.0(a), with the exception of # 5.  The motion must be served upon all parties in accordance with the Ohio Rules of Civil Procedure.  The attorney seeking to withdraw shall request service of the motion on the client through the Clerk of Court’s office by certified mail, return receipt requested, or personal service via a sheriff or process server.  The motion shall include the time and date of the hearing, the assigned judge or magistrate’s name, the courtroom number and address of the courthouse.

    

2. Court’s Response

   The Court shall conduct a hearing and determine whether to grant the motion. If the motion is granted and the client failed to appear at the hearing, the attorney seeking to withdraw shall notify the client by certified mail, return receipt requested, that the motion was granted and that the client must notify the court of new trial counsel within such time as the court may designate.  A copy of such notice, along with a copy of the entry granting the withdrawal and a copy of the certified mail receipt shall be filed and docketed at the Clerk of Courts. A courtesy copy shall also be provided to the Docket Office.

16.2 Time Limitations

1. In the absence of an extraordinary circumstance, the court will not grant an attorney permission to withdraw less than 30 days prior to a scheduled hearing.

2. An attorney may not withdraw prior to completion and submission to the court of any pending entries, resulting from prior court rulings.

3. An extraordinary circumstance includes, but is not limited to, a client discharging counsel.

16.3 New Counsel of Record

Where new counsel is substituted for an attorney of record, a Notice Substituting New Counsel, signed by the withdrawing counsel and the substituting counsel shall be filed with the Clerk of Courts. A copy shall be left with the Docket Office and served upon opposing counsel or the opposing party if the opposing party is unrepresented.

17.0 Procedure/Motion

A motion for attorney fees shall be included in the body of the motion or other pleading that gives rise to the request for fees. No oral motion for fees shall be entertained unless good cause is shown that the provisions of this rule could not be observed.

18.0 Motion

A motion to vacate premises shall state with specificity the reasons for the motion and shall be supported by an affidavit of the moving party setting forth the facts on which the motion is based.

18.1 Ex-Parte Orders

No motion to vacate premises shall be granted ex-parte.

18.2 When Granted

A motion to vacate premises may be granted if the movant establishes that the opposing party:

1. Attempted to cause or recklessly caused bodily injury by acts of physical violence.

2. Place a party, by threat of force, in fear of imminent serious physical harm.

3. Committed any act with respect to a child that would result in the child being an abused child as defined in ORC 2151.031.

4. Engaged in conduct which causes or is likely to cause emotional and/or mental stress to the spouse and/or minor children of the parties.

5. Engaged in conduct which creates or is likely to create an environment which significantly endangers the spouse’s and/or minor children’s physical health or mental, or moral or emotional development.

6. Engaged in conduct abusive to the spouse and/or minor children whether by physical or verbal acts.

19.0 Issuance of Administrative Order and Additional Orders

At the time of the filing of an action for divorce,  legal separation, or annulment an Administrative Temporary Restraining Order will be issued. Plaintiff shall be deemed served with the Administrative Temporary Restraining Order upon filing the complaint.  The Administrative Temporary Restraining Order shall be served on the Defendant with the summons.  A request for additional restraining orders in comportment with Civ. R. 75(I) may be made by the filing of a motion and an affidavit of a party.  Any request under this Rule may be set for hearing at the discretion of the assigned judge.

20.0 Trial Exhibits

(A) Prior to commencement of any pre or post-decree evidentiary hearing, each party shall provide the Court with the following:
(1) A completed CDR Exhibit List (Form No. 20.0); and (2) An original and one set of photocopies of all exhibits, pre-marked, with plaintiff identifying exhibits by numbers, defendant identifying exhibits by letters and CSEA identifying exhibits using roman numerals.  The parties shall provide all copies and exhibits labels.  Access to Domestic Relations Court copy machines will not be provided to allow compliance with this rule.

Additionally,

(B) A completed CDR Exhibit List (Form No. 20.0) and one set of photocopies of all exhibits, pre-marked shall be exchanged between the parties in advance of the evidentiary hearing.  At the court's discretion, a more definite date may be established for the exchange of exhibits.

      
(C) Upon its own motion or that of any aggrieved party, the Court may impose appropriate sanctions for a violation of this rule, including, but not limited to, an award of attorney fees and/or expenses incurred by an aggrieved party and/or the denial of a request to move into evidence exhibits offered by the offending party.

21.0 Case Management Plan

            To ensure the readiness of cases and their timely disposition, all cases shall be assigned to the appropriate case track as set forth below.  The time frames are meant to be outside limits and the parties or the Court may accelerate the schedule as necessary. 

A.         Case Definition and Track Assignment

B.         Track SchedulesTrack ADivorce, Legal Separation or Annulment  with Children 
                   (Pre-Decree)                                      78 Weeks                                           (18 Months)

Track B

Track C

Track D

Track E

Track F

Track G

Track H

Track I

Track J

Track K

Appendix A

A.    Shared Parenting Plan Requirements

Required Information

1. There must be a specific allocation of parenting time, including holidays.
2. You must include a standard parenting order which is totally filled out and signed by the attorneys and parties, if the Plan refers to the standard order.
3. The worksheet must indicate that both parents are residential parent and legal custodians.
4. The worksheet must indicate which parent is the payor.
5. There must be a designation of child support to be paid. The child support order must be stated as an amount per month per child, with and without the processing charge.
6. A signed worksheet and Cash Medical Support Order must be attached even if by agreement no support is ordered.
7. If no support is ordered, or there is a deviation from the statutory schedule of support, the plan must recite case specific reasons why a deviation is in the best interest of the child(ren).
8. The Shared Parenting Plan must include a statement that both parents have access to all records, school activities and daycare centers or, if that is not the case, a statement as to the amount of access that each is to have and why the access is not total.
9. The Shared Parenting Plan must contain provisions regarding: schooling, religious training, discipline, decision-making, transportation, mediation, tax exemption provisions, non-removal of the child(ren) from the jurisdiction, and notice of intent to relocate.
10. The Plan must set out who shall pay for mediation in the event that it becomes necessary and must reflect that there be at least three mediation sessions.
11. Each agreed Shared Parenting Plan must contain language to meet the statutory requirements regarding domestic violence, child abuse, etc.
12. Each agreed Shared Parenting Plan must contain the appropriate waivers of findings of fact and conclusions of law.
13. The Shared Parenting Plan must contain a statement as to the code section under which the Plan is filed.
14. The Plan must indicate that both parents are residential parents without regard to where the child(ren) are physically located. There should be no reference to non-residential parent and visitation. All references to visitation should be termed parenting time or residency time.
15. The Plan must include which parent has responsibility for ordinary non-emergency health care decisions.
16. The Plan must contain approved language regarding the termination of support. An example of approved language is: Notwithstanding section 3109.01 of the Revised Code, the parental duty of support to children, including the duty of a parent to pay support pursuant to a child support order, shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school or a court-issued child support order provides that the duty of support continues beyond the age of majority. Except in cases in which a child support order requires the duty of support to continue for any period after the child reaches age nineteen, the order shall not remain in effect after the child reaches age nineteen. That duty of support shall continue during seasonal vacations.
17. The following language, which must be bold-faced and all in capital letters, must be included: EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVERS’ LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. IF YOU ARE AN OBLIGOR OR OBLIGEE AND YOU FAIL TO GIVE THE REQUIRED NOTICES TO THE CHILD SUPPORT ENFORCEMENT AGENCY, YOU MAY NOT RECEIVE NOTICE OF THE CHANGES AND REQUESTS TO CHANGE THE CHILD SUPPORT AMOUNT, HEALTH CARE PROVISIONS, OR TERMINATION OF THE CHILD SUPPORT ORDER. IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVERS LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY TO SATISFY YOUR SUPPORT OBLIGATION.
18. The following language must be included: All support under this order shall be withheld or deducted from the income or assets of the obligor pursuant to a withholding or deduction notice or appropriate order issued in accordance with Chapters 3119, 3121, 3123, and 3125 of the Revised Code or a withdrawal directive issued pursuant to sections 3123.24 to 3123.38 of the Revised Code and shall be forwarded to the oblige in accordance with Chapters 3119, 3121, 3123 and 3125 of the Revised Code.
19. In addition to the above, the forms set forth below must be presented with the final entry:

• There must be a designation of the appropriate health care order to be issued with the Decree of Shared Parenting.
• A Health Care Verification Form containing the policy number must be included.
• A IV-D Application must be submitted.
• A Data Form – CDR 4905 must be submitted.

Appendix B

Standard Parenting Order

E-Filing Administrative Order

E-Filing User Guide