Completing the Final Decree for Divorce with Children (2024)

Completing your divorce decree

Before your final hearing, you must complete a set of forms for the Court to approve. This is called the “final decree.”

Follow these steps to fill out your final decree:

1. Download the forms.
2. Understand your scheduling order.
3. Complete each section of the decree.
4. Submit all documents to the Court's Compliance Office.

The forms explain the facts of your case and what will happen after the divorce. You usually must submit them to the Court's Compliance Office at least 21 days before your final hearing.

Once the Judge reviews and approves the forms, your divorce will be final.

You also may see the final decree called the:

• Final judgment for divorce
• Final judgment and decree of divorce
• Final decree of divorce
• Final paperwork

If the Court has set a final hearing with the Judge in your case, you should get a Court document called an “Order Scheduling Final Hearing,” or scheduling order,with the date and time of the final hearing. You must fill out the final decree and submit it to the Court's Compliance Office before your final hearing.

Download the forms

You can download and fill out the forms you need to file a final decree for divorce with children on this site.When you fill out the forms:

• Use a computer, if possible. It will be easier to complete the forms on a computer. If you can only use a phone, print the forms first and then fill them in neatly by hand.
• Write neatly. The Court will accept neat, handwritten forms. Use a blue pen, if possible.Print neatly.
• Do not cross out any information. If you make a mistake writing by hand, use whiteout and then neatly enter the correct information.
• Give details. You must give the Court all the information it needs to finalize your divorce.
• Take your time. Read each part carefully.It takes most people a long time to complete the final decree. Pace yourself and take breaks when you need them.

You can find information you need to fill out the forms in:

• Your case “docket.” Search for your divorce case on the Montgomery County Clerk of Court’s website. Click on “docket” to find important dates, documents and information in your case.
• Your scheduling order. The Court sends a document that gives the date of your final hearing. Look for the words “Order Scheduling Final Hearing.” This is your scheduling order.
• The complaint for divorce. The complaint is the first paperwork filed in the divorce. Look for the words “Complaint for Divorce” at the bottom of your docket.

If you have a lawyer, your lawyer should complete the final decree for you. If you don’t have one, it may be helpful to find a lawyer.

If you have alow income and are having a hard time with the forms, you may be able to get help from a volunteer lawyer. Call(937) 496-7766or email[emailprotected]for more information. You may need to leave your name and phone number so a representative can get back to you.

Read this article to understand your scheduling order and to find details about each part of the final decree.

Learn more about the divorce process in Montgomery County.

Understand your scheduling order

Your scheduling order is a Court document that gives the date of your final hearing.

Look for a document called “Order Scheduling Final Hearing.” This is your scheduling order.

It's common for a divorce to be "non-contested," which means your spouse never answered. If you have a non-contested divorce, your scheduling order should have a paragraph like the following that gives the date and time of your final hearing:

• “The records of the Clerk of Courts indicate that service was completed. Accordingly, this case has been set as a non-contested divorce or legal separation on [date of your final hearing] at [time of your final hearing] at the Dayton-Montgomery County Courts Building.”

You also can find the following information in your scheduling order:

• Plaintiff
• Defendant
• Case number (or "Case no.”)
• Judge
• If “service was completed”
• If your case is “non-contested”
• When to submit your final paperwork (usually at least 21 days before your final hearing)

Pay attention to the date of your final hearing and when to submit the final decree to the Court. You can also learn about getting ready for a hearing.

Note: Don’t fill out a final decree until the Court instructs you to. If your spouse files an answer, your case is “contested,” and the Court may order a pretrial or settlement conference. Read each order from the Court carefully.

Complete each section of the decree

Once the Court has set a final hearing, fill out the final decree.Note:

• Read each part carefully. The decree includes several sections. There are many parts asking for details about your case. Take your time to understand what to enter. Give the Court all the information it’s asking for.
• Some parts won’t apply to your case. You can enter "N/A" or "not applicable" in thefields that don't apply to your case. Besure to fill out all parts that do apply to your case.
• Find details about each section. Click on the following links for details about each section.Note: This article provides a general outline of how to complete the final decree. However, each case is different. Some of the information may not apply to you. You may need to take different steps than the ones outlined here.

Final Judgment for Divorce with Children (first page)

This page is used to give basic information about your divorce case. Enter your information, including:

• Plaintiff: This is the person who filed for divorce. If you filed for divorce, you are the Plaintiff. If the other person filed, they are the Plaintiff.
• Defendant: This is other person. If you filed for divorce, the other person is the Defendant. If the other person filed for divorce, you are the Defendant.
• Case number: This is the number the Court assigned to your case, also written as “case no.” It starts with the year your case was filed and is stamped on each document filed in your case.
• Judge: This is the name of the Judge assigned to your case.

In the first paragraph:

• This matter came on for final hearing on: Enter the date of your final hearing. You can find this date on your scheduling order after “this case has been set as a non-contested divorce or legal separation on”.
• Judge: Enter the name of the Judge assigned to your case. You can find the Judge's name on your scheduling order.
• Plaintiff’s Complaint for Divorce with Children filed on: Enter the date the original divorce complaint was filed (not today’s date). You can find the complaint filing date on the docket or the complaint itself.
• Defendant’s Counterclaim filed on:Only use this sectionif there is a counterclaim.If one person filed for divorce and the other person filed a counterclaim, enter the date they filed the counterclaim. You may not have a counterclaim in your case. For example, non-contested cases don’t have a counterclaim.
• Upon the following: If there was some other filing in your case, list it here. You may not have another filing, for instance in a non-contested case.

Findings

This section is used to explain facts that are part of your case.

A. Check all that apply:

• Defendant was properly served: After one person filed for divorce, the other person (the Defendant) was served with the divorce papers. If your scheduling order says “service was completed,” the Court determined the Defendant was properly served.
• Defendant’s waiver of service: The Defendant has given up the right to be served with Court papers. You may not have a waiver of service in your case. If you do, you should see “Waiver of Service” on the docket.
• Defendant filed an Answer: The Defendant responded to the divorce papers by filing an Answer. If your scheduling order says “non-contested,” the Court determined that the Defendant did not file an answer.
• Defendant failed to file an Answer or plead: The Defendant received the divorce papers but never responded in Court. This applies if your scheduling order says “service was completed” and the case was “set as a non-contested divorce or legal separation.”
• Plaintiff replied to Counterclaim: The person who filed for divorce responded after the other person filed their own claims for divorce. If your scheduling order says “non-contested,” there is no counterclaim.
• Plaintiff failed to reply to Counterclaim: The person who filed for divorce did not respond to the other person’s claims for divorce. If your scheduling order says “non-contested,” there is no counterclaim.

B. Present at the hearing were the:

Check any boxes that apply:

• Plaintiff: The person who filed for divorce.
• Defendant: The other person.
• Counsel for the Plaintiff: The lawyer of the person who filed for divorce.
• Counsel for the Defendant: The lawyer of the other person.

C. The Plaintiff and/or Defendant was/were a resident(s) of the State of Ohio for at least six months:

• Plaintiff:Check this box if the person who filed for divorce lived in Ohio for at least six months before they filed for divorce.
• Defendant:Check this box if the other person lived in Ohio for at least six months before the divorce papers were filed.

D. At the time the Complaint and/or Counterclaim was/were filed:

• Plaintiff was a resident of this county for at least 90 days: Check this box if the person who filed for divorce lived in Montgomery County for at least 90 days before filing for divorce.
• Defendant was a resident of this county: Check this box if theother person lived in Montgomery County when the divorce papers were filed.
• Other grounds for venue were: Most cases don’t have this. This section may be used to give any other reason why your divorce was filed in Montgomery County.

E. Plaintiff and Defendant were married to one another on:

• (date of marriage): Enter your full wedding date, including the month, date and year. Your marriage date should be on the complaint for divorce. You also can request a copy of your marriage record from the Probate Court.
• (city or county, and state):Enter the city or county and state where you were married, such as “Dayton, Ohio.”
• The termination of marriage is the date of: Check the correct box to show the dateyou want your marriage to end:
  • final hearing: This means your marriage will end the same day as your final hearing.
  • as specified: This means you want your marriage to end on a different date than your final hearing. Explain when you want it to end.

F. Check all that apply regarding child(ren):

Check which boxapplies to you regarding pregnancy:

• no child(ren) expected: Neither of you is pregnant.
• child(ren) expected: One of you is pregnant. Enter the baby’s due date.

Also check which box applies to you regarding children:

• no child(ren) from this marriage or relationship: You don’t have any children together.
• child(ren) from the marriage: You have one or more children together. Enter the number of children.
  • emancipated adults and not under any disability: Enter the number of your children who are over 18 and no longer your dependents. If all your children are under 18, you would enter “0”.
  • minor children and/or mentally or physically disabled and incapable of supporting or maintaining themselves: Enter the number of your children who are under 18 or dependents with a disability. Enter each child’s full name and date of birth (month, day, year). If a child was born before you were married, explain how paternity (fatherhood) was established.
• child(ren) subject to an existing order of parenting or support: This means a child support or parenting time order is already in place for one or more of your children. List the child’s full name and the name of the Court or agency that issued the order.
• Plaintiff is not the parent of the following child(ren) born during the marriage: This means the person who filed for divorce is not the parent of the children you list in this section.
• Defendant is not the parent of the following child(ren) born during the marriage: This means the other person is not the parent of the children you list in this section.

G. Check the box only if a custody or parenting order is already in place for one or more of your children as part of a different case. For each child with an existing order, list:

See Also

Getting a Divorce with ChildrenHow to Serve Your Court Papers

• The child’s full name.
• The name of the Court that issued the order.
• The case number of the custody or parenting order case.

H. Select one:

• Neither Plaintiff nor Defendant is in the military: This means neither of you are serving in the U.S. military.
• Plaintiff and/or Defendant is in the military: One or both of you are serving in the U.S. military but still can respond in the divorce case.Check the correct box to show whois in the military.

I. Check all that apply:

• Plaintiff full and complete disclosure: The person who filed for divorce has told the Court about all their property, assets, debts, income and expenses.
• Defendant full and complete disclosure: The other person has told the Court about all their property, assets, debts, income and expenses.
• Defendant has not filed a response or made an appearance: The other person never filed an answer or response in Court.
• Plaintiff has not filed a response or made an appearance: The person who filed for divorce hasn’t responded in Court.

M. Select one: Check the second-to-last box. (“The Court has made a fair and equitable division…”)

N. Check all the “grounds” for divorce that are listed in the complaint for divorce. For example, grounds commonly include that the Plaintiff and Defendant are incompatible.

Check the docket if you don’t have a copy of the complaint. Find your docket by searching for your divorce case on the Montgomery County Clerk of Court’s website and clicking on “docket.”

First: Divorce Granted

Check any boxes that apply to your case. It’s common for none to apply.

Second: Property

This section is used to explain how you will divide any property you have. You can use extra paper if you need it.

Use the correct sections to show who is keeping what:

• “Plaintiff shall have the following” sections show what property will go to the person who filed for divorce.
• “Defendant shall have the following” sections show what property will go to the other person.

Fill in each section that applies, depending on what kind of property you have:

• A. Plaintiff Real Estate: The person who filed for divorce will keep the house or other real estate you list in this section. (Keep reading for details to include.)
• B. Defendant Real Estate: The other person will keep the house or other real estate property you list in this section. (Keep reading for details to include.)
• C. Plaintiff Automobiles: The person who filed for divorce will keep the vehicles you list in this section. Include cars, motorcycles and any other vehicles you have. (Keep reading for details to include.)
• D. Defendant Automobiles: The other person will keep the vehicles you list in this section. Include cars, motorcycles and any other vehicles you have. (Keep reading for details to include.)
• E. Plaintiff Bank Accounts: The person who filed for divorce will keep the bank accounts you list in this section. Include any joint or individual bank accounts, like savings accounts or checking accounts.
• F. Defendant Bank Accounts: The other person will keep the bank accounts you list in this section. Include any joint or individual bank accounts, like savings accounts or checking accounts.
• G. Plaintiff Retirement Accounts: The person who filed for divorce will keep the retirement accounts you list in this section. (If you are dividing an account, keep reading for details about what to include.)
• H. Defendant Retirement Accounts: The other person will keep the retirement accounts you list in this section. (If you are dividing an account, keep reading for details about what to include.)
• I. Plaintiff Investment Accounts: The person who filed for divorce will keep the investment accounts you list in this section.
• J. Defendant Investment Accounts: The other person will keep the investment accounts you list in this section.
• K. Plaintiff Household Goods and Furnishings: The person who filed for divorce will keep the household items listed here, like appliancesor furniture.
• L. Defendant Household Goods and Furnishings: The other person will keep the household items listed here, like appliances or furniture.
• M. Plaintiff Personal Property:The person who filed for divorcewill keep the items listed here, like jewelry.
• N. Defendant Personal Property:The other person will keep the items listed here, like jewelry.
• P. Other orders regarding transfers of property: You can use this section to addressproperty issues,such as title transfers.

Real Estate

If you own a house and are selling it, explain:

• Who is responsible for selling it.
• How long that person has to sell it.
• How you will divide the money you get from the sale.
• Who will make mortgage, tax or repair payments before the house is sold.
• The full description of the property from the deed. (Keep reading for how to get a copy of your deed.)

If you own a house and one of you is keeping it, explain:

• Who will get the house.
• When the other person will move out (if you still live together).
• Whose names are on the mortgage.
• When the mortgage will be refinanced to one person’s name only.
• Whose names are on the deed.
• If you are using a quit claim deed to remove the other person’s ownership or dower rights in the property. Also attach a copy of the quit claim deed.
• The full description of the property from the deed. (See below for how to get a copy of your deed.)

To get a copy of your deed:

• Go to the Montgomery County Recorder’s online document search.
• Enter your name (or your spouse’s name).
• Find your deed.
• Click on the camera image.
• Copy the full description of the property. The full description includes the paragraphs that come after “the following real property” plus the parcel number.
• Print a copy of the deed. From the recorder’s website, hit the print icon. Then print the document or save it as a PDF.

Automobiles

For each vehicle you list, state:

• The year, make and model.
• Whose name is on the title.

If both of you are on the title, you will need a title transfer, and you should also state:

• The VIN (Vehicle Identification Number).
• When you will transfer the title.
• If you need to refinance.
• The date you will refinance by.

Retirement Accounts

If you are dividing an account, explain:

• If one of you is responsible for getting a Qualified Domestic Relations Order (QDRO) or Division of Property Order (DOPO) to divide the account.
• How long the person has to divide it.

Orders dividing retirement benefits are complicated. It may be helpful to find a lawyerto determine what kind of order you need.

Learn more about dividing property in a divorce.

Third: Debt

This section is used to explain how you will divide your debts after the divorce.

Include any credit cards, mortgage loans, car loans or other debts. You can use extra paper if you need it.

Use the correct sections to show who will pay what:

• A. Plaintiff debts: The person who filed for divorce will be responsible for the debts you list here. The other person will no longer be responsible for them (and will be held “harmless from all claims”).
• B. Defendant debts: The other person will be responsible for the debts you list here. The person who filed for divorce will no longer be responsible for them (and will be held “harmless from all claims”).

Learn more about dividing debt in a divorce.

Fourth: Spousal Support

This section is used to explain whether either of you will pay spousal support – money to the other person after the divorce.

A.Spousal Support Not Awarded
Check this box if neither of you will pay spousal support to the other after the divorce. This also means the Court won’t be able to change spousal support once your divorce is final.

B. Spousal Support Awarded
Use this section if you want spousal support in your case.

Check the boxes that apply to your case:

• Plaintiff shall pay Defendant: This means the person who filed for divorce will pay spousal support to the other person.
• Defendant shall pay Plaintiff: This means the other person will pay spousal support to the person who filed for divorce.

Also enter:

• amount of $___ per month: This is how much spousal support the person should get each month.
• commencing on: This is the date spousal support payments should start.
• due on the: This is when spousal support payments should be due each month. For example, sometimes payments are due on the “first” day of the month.

Check the boxes that apply to your case:

• indefinitely: This means there should be no set end date to the spousal support.
• for a period of: This means spousal support payments should end by a certain time. Enter the date or length of time in the space.
• The Court shall not retain jurisdiction to modify spousal support: Checking this box means the Montgomery County Domestic Relations Court won’t be able to change your spousal support once your divorce is final.
• The Court shall retain jurisdiction to modify: Checking this box means the Montgomery County Domestic Relations Court will be able to change spousal support after the divorce. Check any boxes that apply:
  • amount: The Court could change the amount of spousal support.
  • duration: The Court could change how long spousal support payments are made.

C. Termination of Spousal Support
You can use this section to give reasons spousal support could end early.

Check any boxes that apply:

• cohabitation comparable to marriage: The person getting spousal support should stop getting it if they move in with their significant other.
• remarriage of the person receiving support: The person getting spousal support should stop getting it if they marry someone else.
• Other (specify): Any other reasons why spousal support could end early.

D. Method of Payment of Spousal Support
Checking this box means:

• The person ordered to pay spousal support will make payments to the Ohio Child Support Payment Central.
• Payments will be administered by the Montgomery County Child Support Enforcement Agency (CSEA).
• The CSEA will withhold money from the person’s paycheck.

E. Deductibility of Spousal Support for All Tax Purposes
Check one of the boxes to explain how you will handle spousal support on your taxes:

• Deducted from the person paying and included by the person receiving: This means the person who pays spousal support will not include that amount in the income they report on their taxes. The person receiving spousal support will report the amount as income on their taxes.
• Included in income of the person paying: This means the person who pays spousal support will include that amount in the income they report on their taxes.

F. Other orders regarding spousal support (specify)
You can use this section if you want to explain anything else the final divorce judgment should say about spousal support.

G. Arrearage
This section applies only if you had temporary orders for spousal support. Only check a box if it applies to your case:

• will survive this judgment entry: This means overdue spousal support from temporary orders still must be paid, even after the divorce is final.
• will not survive this judgment entry: This means overdue spousal support from temporary orders won’t be owed anymore once the divorce is final.
• Other: This section can be used to explain anything else about overdue spousal support.

Fifth: Name

This section is used only if one of you wants to change your name back to the name you had before this marriage.

Note: You can use this section only to go back to the name you had right before this marriage, not a different name.

Sixth: Allocation of Parental Rights and Responsibilities

This section is used to explainparentrights and responsibilities foreach of your children. List each child’s full name and full date of birth (month, day and year).

A. Parental Rights and Responsibilities
If one of you will live with the child and be the residential parent and legal custodian, check the correct box to show who:

• Plaintiff shall be the residential parent and legal custodian: The parent who filed for divorce will be the residential parent and legal custodian.
• Defendant shall be the residential parent and legal custodian: The other parent will be the residential parent and legal custodian.

Also check which of the following boxes applies to your case:

• Plaintiff shall have parenting time: This means the parent who filed for divorce will have parenting time (or “visitation”) with the child, and the child will live with the other parent.
• Defendant shall have parenting time: This means the child will live with the parent who filed for divorce and the other parent will have parenting time (or “visitation”).
• Shared Parenting Plan: You both agree to a parenting plan to share legal custody and make key decisions together about raising your child. If you want shared parenting, you must write a shared parenting plan and include it with the forms you submit to the Court.

Note: Montgomery County has a Standard Order of Parenting Time that most people use. If you want a different schedule, you must write a parenting time schedule and include it with the forms you submit to the Court.

B. Relocation Notice
Use this section to explain what would happen if one of you moves. In Ohio, the residential parent must notify the Court if they plan to move. The Court then notifies the other parent. It could hold a hearing about the parenting time schedule.

Check any boxes that apply to your case:

• Obligation applies to both in Shared Parenting: Checking this box means you have a shared parenting plan and both of you will be required to file a notice with the Court if you plan to move.
• Non-residential parent shall inform: This means the non-residential parent will tell the Court and the other parent in writing if they move or change their phone number.
• Residential parent shall inform: This means the residential parent will tell the Court and the other parent in writing if they move or change their phone number.

Also enter:

• Relocation notice must be filed with the Court that granted the divorce: This means the parent who is moving must file the notice with the Montgomery County Domestic Relations Court.

Enter if it applies:

• Other orders: This section can be used to explain anything else about a parent moving that should be part of the divorce.

C. Records Access Notice
Use this section to explain any limits to the non-residential parent’s access to the child’s records, like their medical or school records. Normally, there are none, and the parent still has the same rights as the other parent to the child’s records.

Check the correct box:

• None: The non-residential parent will have the same rights as the other parent to get the child’s records.
• Restrictions or limitations: The non-residential parent will have no or limited rights to the child’s records. Explain the limits and the reason for them, like if you have a protection order.

D. Day Care Access Notice
Use this section to explain any limits to the non-residential parent’s access to the child’s day care. Normally there are none.

Check the correct box:

• None: The non-residential parent will have the same rights as the other parent to access the child’s day care.
• Restrictions or limitations as follows: The non-residential parent will have no or limited rights to access the child’s day care. Explain the limits and the reason for them, like if you have a protection order.

E. School Activities Access Notice
Use this section to explain any limits to the non-residential parent’s access to the child’s school. Normally there are none.

Check the correct box:

• None: The non-residential parent will have the same rights as the other parent to access the child’s school activities.
• Restrictions or limitations as follows: The non-residential parent will have no or limited rights to access the child’s school activities. Explain the limits and the reason for them, like if you have a protection order.

Learn more about child custody, parenting time (visitation) and shared parenting.

Seventh: Health Insurance Coverage

This section is used to explain who can provide health insurance for each of your children.

Select one (coverage available or unavailable):

• A. Available to At Least One Parent: At least one of you has a health insurance plan (like through your work) that could cover your child. Check who can provide it:
  • Plaintiff: The parent who filed for divorce can provide health insurance for your child.
  • Defendant: The other parent can provide health insurance for your child.
  • Both parents: Both of you could provide health insurance for your child. Check whose plan will be the child’s main health insurance plan.
  • Also check who will provide health insurance for your child:
    • Plaintiff
    • Defendant
    • Both parents
  • Proof of insurance to the: Montgomery County Child Support Enforcement Agency (CSEA)
• B. Unavailable to Either Parent: Neither of you can provide health insurance for your child.If insurance coverage becomes available to one of you, that parent must notify the Montgomery County Child Support Enforcement Agency (CSEA) and the other parent.

C. Division of Uninsured Expenses
This section is used to explain how you and the other parent will divide excess medical costs that aren’t covered by insurance.

Child support orders include “cash medical support,” or an amount for ordinary medical expenses each year. In 2023, the amount is $388.70 per child. You must explain how you will divide costs that go beyond this amount.

Normally, the extra costs are divided based on each parent’s income.

If you are using the normal way, enter:

• % Obligor: This is the percentage that will be paid by the person ordered to pay child support. Find the number using the percentages from the child support worksheet line 17 (“income share”).
• % Obligee: This is the percentage that will be paid by the person receiving child support. Find the number using the percentages from the child support worksheet line 17 (“income share”).

If you agree on a different way, use the following section:

• Unless otherwise agreed as follows: Explain how you plan to split the extra costs. For example, some parents split them evenly 50/50, meaning 50% Obligor and 50% Obligee.

Eighth: Child Support

This section is used to explain who will owe child support. Child support is set by Ohio law. How much you are ordered to pay is based on your income.

Before you answer the next set of questions, you must find out what the standard support amounts are for your family. Go to the Ohio Child Support Calculator on this site and download the results.

A. Child Support Amount
Give the results of your Child Support Computation Worksheet:

• Plaintiff, the Obligor: This means the person who filed for divorce is the parent ordered to pay child support.
• Defendant, the Obligor: This means the other person is the parent ordered to pay child support.
• Amount of $___ per month: This is where to enter the total monthly child support amount from the last line of the Child Support Computation Worksheet.

B. Additional Child Support Information
This section is used to explain how you will divide excess medical costs that go beyond the set amount each year ($388.70 per child in 2023).

Normally, costs beyond this amount are divided based on each parent’s income.

If you are using the normal way, enter:

• % Obligor: This is the percentage that will be paid by the person ordered to pay child support. Find the number using the percentages from the child support worksheet line 17 (“income share”).
• % Obligee: This is the percentage that will be paid by the person receiving child support. Find the number using the percentages from the child support worksheet line 17 (“income share”).

If you agree on a different way, use the following section:

• Unless agreed as follows: Explain how you plan to split the extra costs. For example, some parents split them evenly 50/50, meaning 50% Obligor and 50% Obligee.

C. Child Support Payment

• Payment shall commence on: Enter the date the child support will start.
• Administered through: The Montgomery Child Support Enforcement Agency (CSEA) administers child support payments in Montgomery County.

D. Deviation of Child Support Amount
Use this section only if you are requesting something different (a deviation) from your Child Support Computation Worksheet.

• $___: Enter the amount of child support listed on the last line of your worksheet.
• Shall be adjusted as follows: Use this section to explain how you want child support to be different.

E. Duration of Child Support
Use this section only if child support will last longer than when the child turns 18.

• Child support will extend: Checking this box means you and the other parent have agreed to extend child support. Explain your agreement, including how long child support will last.
• Child(ren) who is/are mentally or physically disabled: Checking this box means one of your children has a mental or physical disability and can’t care for themselves, so child support will last longer. Enter the child’s name and information about their disability.

H. Arrearage
Use this section only if you had temporary orders for child support that is overdue or unpaid.

• will survive: Checking this box means overdue child support from temporary orders still must be paid, even after the divorce is final.
• will not survive: Checking this box means overdue child support from temporary orders will no longer have to be paid once the divorce is final.
• Other: You can use this section to explain anything else about overdue child support from temporary orders.

Ninth: Tax Exemption

Use this section to explain who can claim each of your children as a dependent for tax purposes. Usually, it’s the parent the child lives with for most of the year.

Income tax dependency exemptions (check all that apply):

• The Plaintiff: The parent who filed for divorce can claim the child as a dependent.
• The Defendant: The other parent can claim the child as a dependent.

Tenth: Tax Return Options

Use this section to explain whether the two of you have filed your tax returns, who is responsible for any unfiled returns and how you will divide any tax refund payments.

Select a total of four boxes in this section – one for every two statements.

Current Tax Year (usually the same as the calendar year)
Check the box that applies:

• filed tax returns: You filed your tax returns this tax year.
• NOT filed tax returns: Your tax returns haven’t been filed this tax year. Explain who is responsible for filing them and when.

Prior Tax Years
Check the box that applies:

• filed for All Prior tax years: Your tax returns have been filed for past years.
• NOTfiled for All Prior tax years: You didn’t file your tax returns for one or more past year. Explain who is responsible for filing the tax return(s) and when.

Tax Refunds/Deficiencies
Check the boxthat applies:

• NOTax Deficiencies Owing: You don’t owe any taxes, interest or penalties from any past tax returns.
• Tax Deficiencies Owing: You owe late or unpaid taxes, interest or penalties from one or more past tax returns. Explain who is responsible for paying them and when.

Check the box that applies:

• NOTax Refund: You aren’t splitting up the money from a past tax refund as part of your divorce.
• Tax Refund: You are splitting up money from a past tax refund in your divorce.

Eleventh: Other Orders

This section is used for anything else that should be part of the divorce, including:

• Work information of the parent ordered to pay child support.
• Anything else you want to be part of the divorce.

For the parent ordered to pay child support:

• If the person has a job, enter the name and address of their employer.
• If the person doesn’t have a job, you can list “A Notice to Seek Work will be issued.”

Twelfth: Court Costs

This section is used to explain who is responsible for paying Court costs in your case.

Court costs shall be (select one):

• Taxed to the deposit. Court costs due above the deposit to be paid as follows: This is the most common option. It means Court costs will be taken out of the divorce filing fee paid at the start of the case. Alsoexplain who can be billed for extra costs that may come up.Note: If your spouse did not attend a hearing, they can’t be billed for Court costs.
• Other (specify): This is where to explain anything else about Court costs. If you filed a poverty affidavit, note that here.

Thirteenth: Clerk of Courts

The Clerk of Courts will send a copy of the divorce judgment entry once it’s final. This section is used to explain how the Clerk should send it in your case.

The Clerk of Courts shall provide:

• a certified copy:Check the box and enter both of your names for theClerk of Courts to send both ofyou a copy of the divorce judgment via certified mail.

Whoever completes the final decree should sign in the correct space:

• Plaintiff signature: This applies if the person who filed for divorce also completes the final decree.
• Defendant signature: This applies if the other person in the divorce completes the final decree.

Child Support Computation Worksheet

You can complete this form at the Court using one of its public computers. Print the completed worksheet. Attach it with the rest of your forms.

Montgomery County Support Enforcement Agency New Case Number Work Sheet

Enter yourinformation, including:

• Judge: This is the name of the Judge assigned to your divorce case.
• Custodial Parent/Caretaker Information: This section is used to identify the parent who will receive child support. Circle “(PL)” for Plaintiff if it’s person who filed for divorce. Circle (“DF”) for Defendant if it’s the other parent.
• Absent Parent Information: This section is used to identify theparent who will pay child support.
• Insured? This section is asking if the person has health insurance. Enter Yes or No.
• Insurance available? This section is asking if the person has a health insurance plan available, like through work. Enter Yes or No.
• Uninsured Expenses: This section is used to show how you will divide extra costs not covered by insurance. It’s typically divided by each parent’s income share.
  • Obligee Percentage: This is where to enter the percentage that will be paid by the person who gets support payment.
  • Obligor Percentage: This is where to enter the percentage that will be paid by the person who makes support payments.
• Child Information: Enter information about each child.
  • Disabled? Does the child have a disability?
  • Pat Est? Has paternity (legal fatherhood) been established for the child?
  • BOW? Was the child born when you weren’t married (or “born out of wedlock”?)

Do not fill out the following fields:

• Court Order #
• SETS Case #
• SEA Case #
• Date entered into SETS
• Date Skeleton on COS-E
• DEO Initials

Standard Order of Parenting Time

Montgomery County has a standard schedule that shows when a child has time with each parent.

Attach the parenting time schedule you are using with the forms you submit to the Court.

Standard Order of Health Care Needs for Dependent Children

Parents are required to cover a child’s health care needs. Montgomery County has a standard order that explains how they will cover those needs.

Attach thisform with the packet of forms yousubmitto the Court.

Obligee’s Rights and Remedies for Enforcement of Support

The person who receives child support or spousal support (the “Obligee”) has rights if the other person doesn’t pay.

Attach this form with the packet of forms you submit to the Court.

Submit all documents

Once you have completed the final decree, double check your packet of forms to make sure you have everything.

Your packet should include:

• Final Decree of Divorce (20 pages, plus any extra paper you used)
• Child Support Computation Worksheet
• Montgomery County Support Enforcement Agency New Case Number Work Sheet
• Your Parenting Plan or Shared Parenting Plan
• Standard Order of Health Care
• Obligee’s Rights and Remedies

You also may need to include:

• A copy of the deed to your house
• A copy of a quit claim deed you are using

When you are done, submit your completed packet of forms to the Court’s Compliance Office for review.Bring your packet in person to Room 261 in the Courthouse.

A Compliance Officer is assigned to you based on the first letter of your last name.

First letter of your last name:Compliance Officer telephone number:

• A, B, C:(937)225-6053
• E, F, G, H:(937)224-3873
• D, I, J, K, L:(937)225-6031
• M, N, O, P, Q, R:(937)225-6059
• S, T, U, V:(937)496-3397
• W, X, Y, Z:(937)225-6050

The Compliance Office will contact you after their review is complete. They will tell you if you need to make changes to your forms. Note: They will contact you by phone, so make sure they have your correct phone number.

Follow their instructions and make any changes they tell you to make.

Once your decree is ready for submission, the Compliance Office will submit it to the Judge.

If you haven't submitted any paperwork yet and want to know more about the process, you can contact the Court Navigator at(937)496-7766.