Free PETITION FOR DISSOLUTION WITHOUT CHILDREN - Ohio


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Date: November 24, 2008
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State: Ohio
Category: Court Forms - Local
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http://www.butlercountyohio.org/drcourt/PDFs/2008%20forms/2008%20Motions%20checklist.pdf

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Eff. 12/1/08 MOTIONS ALL MOTIONS If the filing is a post decree motion, a Family Information Sheet (DR Form 729) was provided. · This document is not required on DV motions, motions for continuance, motions to withdraw as counsel, dismiss a motion, finding of fact and conclusion of law and objections. The address and telephone numbers for the parties provided on the DR Form 729 matches the address and telephone numbers for the parties in the case caption on the motion. Case Caption [DR 1(B)] Parties' names Parties' addresses ­ the filing party may request that their address be confidential through the filing of a motion. Parties' telephone numbers Assigned case Judge Case number Motion code(s) Notice of Hearing [DR 31(A)] 1. Name of the hearing officer. 2. Time, date, and place of hearing. Certificate of Service A statement of instructions or request for service. Counsel Identification Counsel for filing party provided their name, Supreme Court Registration Number, address and telephone number. Signatures on Motion 1. If the filing party is represented by counsel, the Motion was signed by counsel. 2. If the filing party is not represented by counsel, the Motion was signed by the filing party. Number of Copies Four (4) copies, plus the original, of the Motion were provided. Motions Regarding the Allocation of Parental Rights and Responsibilities and Parenting Provisions 1. Establishing or Modifying Parenting Allocation and Time Identification of Children [DR 31(C)] The Motion must identify the child(ren) at issue by name and date of birth. Identification of Reason to Modify [DR 31(C)] 1. A statement of the order sought to be modified. 2. A statement of the specific change of circumstances justifying the modification. Required Documents for Motion to Modify Parenting 1. If the Motion requests sole custody or shared parenting, a current signed and notarized Information for Parenting Proceeding Affidavit (Form DR 616) was provided. 2. If the parties used the Court's standard parenting time order, then a copy of Form DR 610 was provided.

Eff. 12/1/08 A. Child Support (1) Establishing or Modifying an Obligation of Support a. A statement of the order sought to be modified. b. A statement of the nature of the modification sought. c. A statement of the specific change in circumstances that justifies the modification. d. If the income of the parties are known, a completed and signed child support computation worksheet was provided. i. If an Administrative Order exists and: 1. it is not adopted by a court, then the filing party shall attach the administrative order and adopt the same order as the temporary order of support. 2. it is adopted by a court, then the filing party shall attach the adopted order and shall provide the case number of the Juvenile Court case, provide language that the obligation of support is pursuant to the Juvenile Court order and the order is subject to the continuing jurisdiction of the Juvenile Court. ii. If the income of the obligee and obligor is known, child support shall be calculated pursuant to the guidelines and stated in monthly and per pay period, per child terms when health insurance is provided and when health insurance in not provided. iii. If the income of the obligor is unknown, but the employment is known, a statement that the income information is being obtained by subpoena duces tecum. iv. If both the income and employment of the obligee or obligor is unknown, a statement that the information cannot be obtained by reasonable means and a statement that child support was calculated in one (1) the following manners: v. The filing party has made a good faith estimate based upon past income information of the obligee's or obligor's income and calculated child support in accordance with the guidelines. (2) Required Documents to be submitted with a Motion to Establish or Modify Child Support If child support is ordered and paid through the CSEA, a Form DR 201was provided. (Only original is needed and shall be kept in the case card.) If child support is ordered and paid through the CSEA, an original IV-D application was provided. (Only original is needed and shall be kept in the case card.) A completed Appendix B - Affidavit of Available Health Care Coverage was provided. (Only original is needed and shall be kept in the case card.) (3) Motion for Arrears A Motion for arrears in support, which at any time has been paid through CSEA or OCSPC, shall contain a current CSEA affidavit for arrears or a statement that an affidavit for arrearage has been requested three (3) weeks prior to the hearing. (4) Motion for Interest on Arrears A Motion for interest on arrears must be accompanied by a CSEA interest calculation or a statement of request to CSEA. (5) Motion for Lump Sum Judgment a. A statement of the order upon which the Motion is based. b. A statement of the total amount due under the order. c. A Motion for arrears in support, which at any time has been paid through CSEA or OCSPC, shall contain a current CSEA affidavit for arrears or a statement that an affidavit for arrearage has been requested three (3) weeks prior to the hearing. B. Health Care Expenses (1) Motion for Health Care Expenses a. A statement regarding all amounts paid by insurance companies. b. A statement regarding cash medical support paid, if known, and credited, if any. c. A statement regarding the balance remaining after crediting the cash medical.

Eff. 12/1/08 d. A statement of the final amount sought to be reimbursed. e. A statement that an affidavit of cash medical support paid has been requested form the CSEA at least 3 weeks prior to the hearing. f. A statement that the filing party has previously forwarded all bills and Explanation of Benefits to the respondent. g. A statement that the respondent has not paid the amounts forwarded within thirty (30) days. (2) Required Documents to be submitted with a Motion for Payment of Health Care Expenses An itemized list of all bills that includes the name and address of each provider, date of service, nature of service provided, and name and date of birth of person who received the services was presented with the Motion and placed in the case card. 2. Contempt Motions A. A statement of the order alleged to have been violated. B. A statement of facts constituting the alleged violation. 3. Emergency Motions A. A signed and notarized affidavit from the filing party supporting the request is provided. B. A completed C-16 requesting the emergency hearing is provided. 4. Objection Motions A. A statement of the basis for objection. B. A statement that a transcript is being requested or that no transcript is being requested. 5. Spousal Support A. Establishing or Modifying an Obligation of Support 1. A statement of the order sought to be modified. 2. A statement of the nature of the modification sought. 3. A statement of the specific change in circumstances that justifies the modification. B. Motion for Arrears (1) CSEA or OCSPC Statement A Motion for arrears in support, which at any time has been paid through CSEA or OCSPC, shall contain a current CSEA affidavit for arrears or a statement that an affidavit for arrearage has been requested three (3) weeks prior to the hearing. (2) Motion for Interest on Arrears A Motion for interest on arrears must be accompanied by a CSEA interest calculation or a statement of request to CSEA. (3) Motion for Lump Sum Judgment a. A statement of the order upon which the Motion is based. b. A statement of the total amount due under the order. c. A Motion for arrears in support, which at any time has been paid through CSEA or OCSPC, shall contain a current CSEA affidavit for arrears or a statement that an affidavit for arrearage has been requested three (3) weeks prior to the hearing.