Dan McClain asks courts to reduce support for wife and children

ELECTRONICALLY FILED COURT OF COMMON PLEAS Thursday, August 3, 2023 1:30:35 PM CASE NUMBER: 2022 DR 00353 Docket ID: 396036658 Mike Foley CLERK OF COURTS MONTGOMERY COUNTY OHIO

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS KATHERINE E. McCLAIN 502 Shiloh Dr. Dayton, OH 45415 DOB: 09/15/1981

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CASE NO. 2022-DR-0353

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JUDGE DENISE L. CROSS

* Plaintiff, * vs. * DANIEL W. McCLAIN 1505 Shroyer Rd. Apt 2 Oakwood 45419 DOB: 11/22/1977

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DEFENDANT’S MOTION TO DECREASE TEMPORARY SPOUSAL SUPPORT, CHILD SUPPORT AND ORDER TO ALLOW CHILD TO ATTEND SCHOOL

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Defendant. __________________________________________________________________________ BRANCH I Now comes the Defendant, DANIEL W. McCLAIN, by and through his legal counsel, and hereby requests an Order from the Court decreasing his child support obligation and spousal support obligation. For cause, Defendant asserts his income has been reduced since the last time child support and spousal support was calculated.

BRANCH II Now comes the Defendant, DANIEL W. McCLAIN, by and through his legal counsel, and hereby requests an Order from the Court to allow the parties minor child Jude Rowan McClain, born August 3, 2009 to attend Oakwood High School. Jude historically has been home schooled by the Plaintiff but the parties always discussed allowing the children to attend

traditional school once they reach high school age. Jude Rowan McClain has expressed a strong desire to go to in person to Oakwood High School but Plaintiff is now refusing.

WHEREFORE, Defendant requests the Court issue an Order decreasing Defendant’s child support and spousal support obligation. Further, Defendant requests the Court issue an Order allowing Jude Rowan McClain to attend Oakwood High School.

Respectfully submitted, MESAROS LAW OFFICE, LLC /s/Adam R. Mesaros________________ Adam R. Mesaros (#0089828) 7051 Clyo Road Centerville, Ohio 45459 P: (937) 424-3658 F: (937) 424-3659 arm@mesaroslaw.com Attorney for Defendant NOTICE OF HEARING TO:

KATHERINE E. McCLAIN Plaintiff 502 Shiloh Dr. Dayton, OH 45415

You are hereby notified Defendant’s Motion to Decrease Child Support, Spousal Support and Motion to allow the child to attend Oakwood High School shall be heard before Magistrate ________________ on the ______ day of ____________________, 2023 at ______________ a.m./p.m., at the Montgomery County Courts Building, Domestic Relations Division, 301 West Third Street, 2nd Floor, Dayton, Ohio 45422. YOUR PRESENCE IS REQUIRED. FAILURE OF ANY PARTY TO APPEAR, IN PERSON OR BY COUNSEL, AT THE SCHEDULED TIME AND DATE MAY RESULT IN THE CASE PROCEEDING WITHOUT YOUR ATTENDANCE, DISMISSAL OF THAT PARTY’S PLEADINGS/MOTION OR OTHER APPROPRIATE SANCTIONS. Page 2 of 3

CERTIFICATE OF SERVICE I hereby certify that true copies of the foregoing were served upon Michael A. Sheets, 1331 Woodman Drive, Dayton, Ohio 45432 and Katherine E. McClain, 502 Shiloh Drive, Dayton, Ohio 45415 via electronic filing, effective with the filing date. /s/Adam R. Mesaros ________________ Adam R. Mesaros (#0089828) Attorney for Defendant

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