As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 352 5
1997-1998 6
REPRESENTATIVES WINKLER-LAWRENCE 8
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A B I L L
To amend sections 149.43, 329.04, 1336.07, 1336.08, 12
1349.01, 1533.82, 2105.18, 2151.23, 2151.231, 13
2151.33, 2151.49, 2301.34, 2301.35, 2301.353, 14
2301.357, 2301.36, 2301.37, 2301.373, 2301.374, 15
2705.02, 2919.21, 3103.031, 3105.18, 3105.21, 16
3107.01, 3107.06, 3107.064, 3109.05, 3109.12, 17
3109.19, 3111.02, 3111.03, 3111.04, 3111.07, 18
3111.09, 3111.12, 3111.13, 3111.20, 3111.21, 19
3111.22, 3111.23, 3111.24, 3111.241, 3111.242, 20
3111.25, 3111.27, 3111.28, 3111.37, 3113.04, 21
3113.07, 3113.21, 3113.211, 3113.212, 3113.213, 22
3113.214, 3113.215, 3113.216, 3113.217, 3113.31, 23
3113.99, 3705.07, 3705.09, 3705.16, 3727.17, 24
3770.071, 3924.48, 3924.49, 4141.16, 4141.28, 25
5101.31, 5101.311, 5101.312, 5101.322, 5101.323, 26
5101.324, 5101.37, and 5107.07; to amend for 27
purposes of adopting a new section number 2105.18 28
(5101.314); to revive section 2301.355 and revive 29
and amend section 5101.323; to enact new sections 30
3115.01, 3115.02, 3115.03, 3115.04, 3115.05, 31
3115.06, 3115.07, 3115.08, 3115.09, 3115.10, 32
3115.11, 3115.12, 3115.13, 3115.14, 3115.15, 33
3115.16, 3115.17, 3115.18, 3115.19, 3115.20, 34
3115.21, 3115.22, 3115.23, 3115.24, 3115.25, 35
3115.26, 3115.27, 3115.28, 3115.29, 3115.30, 36
3115.31, 3115.32, 3115.33, and 3115.34, and 37
sections 905.451, 905.621, 907.36, 913.29, 38
953.32, 1315.31, 1707.191, 2301.375 2301.381, 39
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2301.43, 2301.44, 2301.45, 2301.46, 3105.72, 40
3111.111, 3111.221, 3111.231, 3115.35, 3115.36, 41
3115.37, 3115.38, 3115.39, 3115.40, 3115.41, 42
3115.42, 3115.43, 3115.44, 3115.45, 3115.46, 43
3115.47, 3115.48, 3115.49, 3115.50, 3115.51, 44
3115.52, 3115.53, 3115.54, 3115.55, 3115.56, 45
3705.091, 3733.50, 4143.27, 4303.38, 4517.16, 46
4766.013, 4773.09, 5101.315, 5101.316, 5101.317, 47
5101.318, 5101.319, 5101.325, 5735.045, and 48
5739.20; and to repeal sections 329.043, 49
2301.351, 2301.352, 3115.01, 3115.02, 3115.03, 50
3115.04, 3115.05, 3115.06, 3115.07, 3115.08, 51
3115.09, 3115.10, 3115.11, 3115.12, 3115.13, 52
3115.14, 3115.15, 3115.16, 3115.17, 3115.18, 53
3115.19, 3115.20, 3115.21, 3115.22, 3115.23, 54
3115.24, 3115.25, 3115.26, 3115.27, 3115.28, 55
3115.29, 3115.30, 3115.31, 3115.32, 3115.33, 56
3115.34, and 3701.042 of the Revised Code to make 57
changes to the laws governing child support. 59
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 61
Section 1. That sections 149.43, 329.04, 1336.07, 1336.08, 63
1349.01, 1533.82, 2105.18, 2151.23, 2151.231, 2151.33, 2151.49, 64
2301.34, 2301.35, 2301.353, 2301.357, 2301.36, 2301.37, 2301.373, 65
2301.374, 2705.02, 2919.21, 3103.031, 3105.18, 3105.21, 3107.01, 66
3107.06, 3107.064, 3109.05, 3109.12, 3109.19, 3111.02, 3111.03, 67
3111.04, 3111.07, 3111.09, 3111.12, 3111.13, 3111.20, 3111.21, 68
3111.22, 3111.23, 3111.24, 3111.241, 3111.242, 3111.25, 3111.27, 69
3111.28, 3111.37, 3113.04, 3113.07, 3113.21, 3113.211, 3113.212, 70
3113.213,3113.214, 3113.215, 3113.216, 3113.217, 3113.31, 71
3113.99, 3705.07, 3705.09, 3705.16, 3727.17, 3770.071, 3924.48, 72
3924.49, 4141.16, 4141.28, 5101.31, 5101.311, 5101.312, 5101.322, 73
5101.323, 5101.324, 5101.37, and 5107.07 be amended; section 74
2105.18 (5101.314) be amended for the purpose of adopting a new 75
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section number as indicated in the parentheses; section 2301.355 76
be revived and section 5101.323 be revived and amended; and new 77
sections 3115.01, 3115.02, 3115.03, 3115.04, 3115.05, 3115.06, 78
3115.07, 3115.08, 3115.09, 3115.10, 3115.11, 3115.12, 3115.13, 79
3115.14, 3115.15, 3115.16, 3115.17, 3115.18, 3115.19, 3115.20, 80
3115.21, 3115.22, 3115.23, 3115.24, 3115.25, 3115.26, 3115.27, 81
3115.28, 3115.29, 3115.30, 3115.31, 3115.32, 3115.33, and 82
3115.34, and sections 905.451, 905.621, 907.36, 913.29, 953.32, 83
1315.31, 1707.191, 2301.375 2301.381, 2301.43, 2301.44, 2301.45, 84
2301.46, 3105.72, 3111.111, 3111.221, 3111.231, 3115.35, 3115.36, 85
3115.37, 3115.38, 3115.39, 3115.40, 3115.41, 3115.42, 3115.43, 86
3115.44, 3115.45, 3115.46, 3115.47, 3115.48, 3115.49, 3115.50, 87
3115.51, 3115.52, 3115.53, 3115.54, 3115.55, 3115.56, 3705.091, 88
3733.50, 4143.27, 4303.38, 4517.16, 4766.013, 4773.09, 5101.315, 89
5101.316, 5101.317, 5101.318, 5101.319, 5101.325, 5735.045, and 90
5739.20 of the Revised Code be enacted to read as follows: 91
Sec. 149.43. (A) As used in this section: 105
(1) "Public record" means any record that is kept by any 107
public office, including, but not limited to, state, county, 108
city, village, township, and school district units, except that 110
"public record" does not mean any of the following:
(a) Medical records; 112
(b) Records pertaining to probation and parole 114
proceedings;
(c) Records pertaining to actions under section 2151.85 of 116
the Revised Code and to appeals of actions arising under that 117
section;
(d) Records pertaining to adoption proceedings, including 119
the contents of an adoption file maintained by the department of 120
health under section 3705.12 of the Revised Code; 121
(e) Information in a record contained in the putative 123
father registry established by section 3107.062 of the Revised 124
Code, regardless of whether the information is held by the 125
department of human services or, pursuant to section 5101.313 of 126
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the Revised Code, the division of child support in the department 127
or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of 129
the Revised Code or specified in division (A) of section 3107.52 130
of the Revised Code;
(g) Trial preparation records; 132
(h) Confidential law enforcement investigatory records; 134
(i) Records containing information that is confidential 136
under section 2317.023 or 4112.05 of the Revised Code; 137
(j) DNA records stored in the DNA database pursuant to 140
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 142
rehabilitation and correction to the department of youth services 144
or a court of record pursuant to division (E) of section 5120.21 145
of the Revised Code;
(l) Records maintained by the department of youth services 147
pertaining to children in its custody released by the department 148
of youth services to the department of rehabilitation and 149
correction pursuant to section 5139.05 of the Revised Code; 150
(m) RECORDS MAINTAINED BY THE DEPARTMENT OF HUMAN SERVICES 152
PURSUANT TO SECTION 5101.312 OF THE REVISED CODE; 153
(n) Records the release of which is prohibited by state or 155
federal law. 156
(2) "Confidential law enforcement investigatory record" 158
means any record that pertains to a law enforcement matter of a 159
criminal, quasi-criminal, civil, or administrative nature, but 160
only to the extent that the release of the record would create a 161
high probability of disclosure of any of the following: 162
(a) The identity of a suspect who has not been charged 164
with the offense to which the record pertains, or of an 165
information source or witness to whom confidentiality has been 166
reasonably promised; 167
(b) Information provided by an information source or 169
witness to whom confidentiality has been reasonably promised, 170
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which information would reasonably tend to disclose the source's 171
or witness's identity; 172
(c) Specific confidential investigatory techniques or 174
procedures or specific investigatory work product; 175
(d) Information that would endanger the life or physical 177
safety of law enforcement personnel, a crime victim, a witness, 178
or a confidential information source. 179
(3) "Medical record" means any document or combination of 181
documents, except births, deaths, and the fact of admission to or 182
discharge from a hospital, that pertains to the medical history, 183
diagnosis, prognosis, or medical condition of a patient and that 184
is generated and maintained in the process of medical treatment. 185
(4) "Trial preparation record" means any record that 187
contains information that is specifically compiled in reasonable 188
anticipation of, or in defense of, a civil or criminal action or 189
proceeding, including the independent thought processes and 190
personal trial preparation of an attorney. 191
(B) All public records shall be promptly prepared and made 193
available for inspection to any person at all reasonable times 194
during regular business hours. Upon request, a person 195
responsible for public records shall make copies available at 196
cost, within a reasonable period of time. In order to facilitate 197
broader access to public records, governmental units shall 198
maintain public records in a manner that they can be made 199
available for inspection in accordance with this division. 200
(C) If a person allegedly is aggrieved by the failure of a 202
governmental unit to promptly prepare a public record and to make 203
it available to the person for inspection in accordance with 204
division (B) of this section, or if a person who has requested a 206
copy of a public record allegedly is aggrieved by the failure of 207
a person responsible for the public record to make a copy 208
available to the person allegedly aggrieved in accordance with 210
division (B) of this section, the person allegedly aggrieved may 211
commence a mandamus action to obtain a judgment that orders the 212
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governmental unit or the person responsible for the public record 213
to comply with division (B) of this section and that awards 214
reasonable attorney's fees to the person that instituted the 215
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this 216
section allegedly was not complied with, in the supreme court 217
pursuant to its original jurisdiction under Section 2 of Article 218
IV, Ohio Constitution, or in the court of appeals for the 219
appellate district in which division (B) of this section 220
allegedly was not complied with pursuant to its original 221
jurisdiction under Section 3 of Article IV, Ohio Constitution. 222
(D) Chapter 1347. of the Revised Code does not limit the 224
provisions of this section. 225
(E)(1) The bureau of motor vehicles may adopt rules 227
pursuant to Chapter 119. of the Revised Code to reasonably limit 229
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 230
calendar year. The rules may include provisions for charges to 231
be made for bulk commercial special extraction requests for the 233
actual cost of the bureau, plus special extraction costs, plus 234
ten per cent. The bureau may charge for expenses for redacting 235
information, the release of which is prohibited by law. 236
(2) As used in division (E)(1) of this section: 238
(a) "Actual cost" means the cost of depleted supplies, 240
records storage media costs, actual mailing and alternative 241
delivery costs, or other transmitting costs, and any direct 242
equipment operating and maintenance costs, including actual costs 243
paid to private contractors for copying services. 244
(b) "Bulk commercial special extraction request" means a 246
request for copies of a record for information in a format other 247
than the format already available, or information that cannot be 248
extracted without examination of all items in a records series, 249
class of records, or data base by a person who intends to use or 250
forward the copies for surveys, marketing, solicitation, or 251
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resale for commercial purposes. "Bulk commercial special 252
extraction request" does not include a request by a person who 253
gives assurance to the bureau that the person making the request 254
does not intend to use or forward the requested copies for 255
surveys, marketing, solicitation, or resale for commercial 256
purposes.
(c) "Commercial" means profit-seeking production, buying, 258
or selling of any good, service, or other product. 259
(d) "Special extraction costs" means the cost of the time 261
spent by the lowest paid employee competent to perform the task, 262
the actual amount paid to outside private contractors employed by 263
the bureau, or the actual cost incurred to create computer 264
programs to make the special extraction. "Special extraction 265
costs" include any charges paid to a public agency for computer
or records services. 266
(3) For purposes of divisions (E)(1) and (2) of this 269
section, "commercial surveys, marketing, solicitation, or resale" 270
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 272
citizen oversight or understanding of the operation or activities 273
of government, or nonprofit educational research. 274
Sec. 329.04. The county department of human services shall 283
have, exercise, and perform, under the control and direction of 284
the board of county commissioners, the following powers and 285
duties: 286
(A) To be the "county administration" for all purposes of 288
Chapter 5107. of the Revised Code; 289
(B)(1) To perform any duties assigned by the department of 291
human services regarding the provision of public social services, 292
including the provision of services authorized under Title IV-A 293
and Title XX of the "Social Security Act," 49 Stat. 620 (1935), 294
42 U.S.C. 301, as amended, to prevent or reduce economic or 295
personal dependency and to strengthen family life, or, if the 296
county department is designated as the child support enforcement 297
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agency under section 2301.35 of the Revised Code, to perform or 298
contract with other government agencies to perform services 299
authorized under Title IV-D of the "Social Security Act," 88 300
Stat. 2351 (1975), 42 U.S.C. 651, as amended. 301
(2) The county department of human services shall, in the 303
development of the county plan for the administration of public 304
social services under Title XX of the "Social Security Act," 88 305
Stat. 2337, 42 U.S.C. 1397, as amended, do both of the following: 306
(a) Consider the comments and recommendations made during 308
local public hearings held under section 329.07 of the Revised 309
Code; 310
(b) Prepare a local needs report analyzing local need for 312
Title XX services in compliance with the guidelines developed by 313
the department of human services pursuant to section 5101.461 of 314
the Revised Code. The county department of human services shall 315
consider the local needs report in the development of the county 316
Title XX plan. 317
The plan shall list the services for which descriptions are 319
established under division (D)(4) of section 5101.46 of the 320
Revised Code that will be provided by the county with Title XX 321
funds and the eligibility categories listed under divisions 322
(E)(1), (2), and (3) of section 5101.46 of the Revised Code that 323
will be provided with each of these services. 324
(3) The county department, upon approval of the 326
comprehensive social services program plan by the general 327
assembly under section 5101.461 of the Revised Code and prior to 328
the effective date of the plan, shall take steps necessary to 329
ensure the efficient administration of public social services 330
under the plan, including the negotiation of contracts with 331
providers of services and the performance of other duties 332
assigned to it by the department of human services. 333
(C) To administer disability assistance under Chapter 335
5115. of the Revised Code as required by the state department of 337
human services;
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(D) To administer burials insofar as the administration of 339
burials was, prior to September 12, 1947, imposed upon the board; 340
(E) To cooperate with state and federal authorities in any 342
matter relating to human services and to act as the agent of such 343
authorities; 344
(F) To submit an annual account of its work and expenses 346
to the board and to the department of human services at the close 347
of each fiscal year; 348
(G) To exercise any powers and duties relating to human 350
services imposed upon the county department of human services by 351
law, by resolution of the board of county commissioners, or by 352
order of the governor, when authorized by law, to meet 353
emergencies during war or peace. The board may designate the 354
county department of human services to exercise and perform any 355
additional human services powers and duties which the board has. 356
(H) To determine the eligibility for medical assistance of 358
recipients of aid under Title XVI of the "Social Security Act," 359
49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 360
(I) If the county department is designated as the child 362
support enforcement agency under section 2301.35 of the Revised 363
Code, to operate the agency in accordance with sections 2301.34 364
to 2301.44 2301.46 of the Revised Code. 365
Sec. 905.451. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 367
2301.373 OF THE REVISED CODE, THE DEPARTMENT OF AGRICULTURE SHALL 368
COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 369
PURSUANT TO SECTION 905.32 OF THE REVISED CODE.
Sec. 905.621. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 371
2301.373 OF THE REVISED CODE, THE DEPARTMENT OF AGRICULTURE SHALL 372
COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 373
PURSUANT TO SECTION 905.52 OF THE REVISED CODE.
Sec. 907.36. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 375
2301.373 OF THE REVISED CODE, THE DIRECTOR OF AGRICULTURE SHALL 376
COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 377
PURSUANT TO THIS CHAPTER.
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Sec. 913.29. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 379
2301.373 OF THE REVISED CODE, THE DIRECTOR OF AGRICULTURE SHALL 380
COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 381
PURSUANT TO THIS CHAPTER.
Sec. 953.32. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 383
2301.373 OF THE REVISED CODE, THE DEPARTMENT OF AGRICULTURE SHALL 384
COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 385
PURSUANT TO THIS CHAPTER.
Sec. 1315.31. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 387
2301.373 OF THE REVISED CODE, THE SUPERINTENDENT OF FINANCIAL 388
INSTITUTIONS SHALL COMPLY WITH THAT SECTION WITH RESPECT TO A 389
LICENSE ISSUED PURSUANT TO THIS CHAPTER.
Sec. 1336.07. (A) In an action for relief arising out of 398
a transfer or an obligation that is fraudulent under section 399
1336.04 or 1336.05 of the Revised Code, a creditor OR A CHILD 400
SUPPORT ENFORCEMENT AGENCY PURSUANT TO SECTION 2301.381 OF THE 401
REVISED CODE, subject to the limitations in section 1336.08 of 402
the Revised Code, may obtain one of the following: 403
(1) Avoidance of the transfer or obligation to the extent 405
necessary to satisfy the claim of the creditor; 406
(2) An attachment or garnishment against the asset 408
transferred or other property of the transferee in accordance 409
with Chapters 2715. and 2716. of the Revised Code; 410
(3) Subject to the applicable principles of equity and in 412
accordance with the Rules of Civil Procedure, any of the 413
following: 414
(a) An injunction against further disposition by the 416
debtor or a transferee, or both, of the asset transferred or of 417
other property; 418
(b) Appointment of a receiver to take charge of the asset 420
transferred or of other property of the transferee; 421
(c) Any other relief that the circumstances may require. 423
(B) If a creditor OR CHILD SUPPORT ENFORCEMENT AGENCY has 425
obtained a judgment on a claim against the debtor, the creditor 427
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OR AGENCY, if the court so orders, may levy execution on the 428
asset transferred or its proceeds in accordance with Chapter 429
2329. of the Revised Code.
Sec. 1336.08. (A) A transfer or an obligation is not 438
fraudulent under division (A)(1) of section 1336.04 of the 439
Revised Code against a person who took in good faith and for a 440
reasonably equivalent value or against any subsequent transferee 441
or obligee. 442
(B)(1) Except as otherwise provided in this section, to 444
the extent a transfer is voidable in an action by a creditor OR A 445
CHILD SUPPORT ENFORCEMENT AGENCY under division (A)(1) of section 447
1336.07 of the Revised Code, the creditor OR AGENCY may recover a 448
judgment for the value of the asset transferred, as adjusted 449
under division (B)(2) of this section, or the amount necessary to 450
satisfy the claim of the creditor OR AGENCY, whichever is less. 451
The judgment may be entered against either of the following: 452
(a) The first transferee of the asset or the person for 454
whose benefit the transfer was made; 455
(b) Any subsequent transferee other than a good faith 457
transferee who took for value or from any subsequent transferee. 458
(2) If the judgment under division (B)(1) of this section 460
is based upon the value of the asset transferred, the judgment 461
shall be in an amount equal to the value of the asset at the time 462
of the transfer, subject to adjustment as the equities may 463
require. 464
(C) Notwithstanding the voidability of a transfer or an 466
obligation under division (A)(1) of section 1336.07 of the 467
Revised Code, a good faith transferee or obligee is entitled, to 468
the extent of the value given to the debtor for the transfer or 469
obligation, to any of the following: 470
(1) A lien on or a right to retain any interest in the 472
asset transferred; 473
(2) Enforcement of any obligation incurred; 475
(3) A reduction in the amount of the liability on the 477
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judgment. 478
(D) A transfer is not fraudulent under division (A)(2) of 480
section 1336.04 or section 1336.05 of the Revised Code if the 481
transfer results from either of the following: 482
(1) Termination of a lease upon default by the debtor when 484
the termination is pursuant to the lease and applicable law; 485
(2) Enforcement of a security interest in compliance with 487
section 1309.44 of the Revised Code. 488
(E) A transfer is not fraudulent under division (B) of 490
section 1336.05 of the Revised Code as follows: 491
(1) To the extent the insider gave new value to or for the 493
benefit of the debtor after the transfer was made, unless the new 494
value was secured by a valid lien; 495
(2) If made in the ordinary course of business or 497
financial affairs of the debtor and the insider; 498
(3) If made pursuant to a good faith effort to 500
rehabilitate the debtor and the transfer secured present value 501
given for that purpose as well as an antecedent debt of the 502
debtor. 503
Sec. 1349.01. (A) As used in this section: 512
(1) "Consumer reporting agency" has the same meaning as in 514
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 515
1681a. 516
(2) "Court" means the division of the court of common 518
pleas having jurisdiction over actions for divorce, annulment, 519
dissolution of marriage, legal separation, child support, or 520
spousal support. 521
(3) "Health insurance coverage" means hospital, surgical, 523
or medical expense coverage provided under any health insurance 524
or health care policy, contract, or plan or any other health 525
benefits arrangement. 526
(4) "Provider" has the same meaning as in section 3901.38 528
of the Revised Code. 529
(B) If, pursuant to an action for divorce, annulment, 531
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dissolution of marriage, or legal separation, the court 532
determines that a party who is a resident of this state is 533
responsible for obtaining health insurance coverage for the 535
party's former spouse or children or if, pursuant to a child 536
support order issued under IN ACCORDANCE WITH section 3113.217 of 538
the Revised Code, the court requires a party who is a resident of
this state to obtain health insurance coverage for the children 540
who are the subject of the child support order, and the party 541
fails to obtain such coverage, no provider or collection agency 542
shall collect or attempt to collect from the former spouse, 543
children, or person responsible for the children, any 544
reimbursement of any hospital, surgical, or medical expenses 545
incurred by the provider for services rendered to the former 546
spouse or children, which expenses would have been covered but 547
for the failure of the party to obtain the coverage, if the 548
former spouse, any of the children, or a person responsible for 549
the children, provides the following to the provider or
collection agency: 550
(1) A copy of the court order requiring the party to 552
obtain health insurance coverage for the former spouse or 553
children.
(2) Reasonable assistance in locating the party and 555
obtaining information about the party's health insurance 556
coverage.
(C) If the requirements of divisions (B)(1) and (2) of 559
this section are not met, the provider or collection agency may 560
collect the hospital, surgical, or medical expenses both from the 561
former spouse or person responsible for the children and from the 562
party who failed to obtain the coverage. If the requirements of 563
divisions (B)(1) and (2) are met, the provider or collection 564
agency may collect or attempt to collect the expenses only from 565
the party.
A party required to obtain health insurance coverage for a 567
former spouse or children who fails to obtain the coverage is 568
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liable to the provider for the hospital, surgical, or medical 569
expenses incurred by the provider as a result of the failure to 570
obtain the coverage. This section does not prohibit a former 571
spouse or person responsible for the children from initiating an 572
action to enforce the order requiring the party to obtain health 573
insurance for the former spouse or children or to collect any 574
amounts the former spouse or person responsible for the children 575
pays for hospital, surgical, or medical expenses for which the 576
party is responsible under the order requiring the party to 577
obtain health insurance for the former spouse or children. 578
(D)(1) If the requirements of divisions (B)(1) and (2) of 580
this section are met, both of the following restrictions shall 581
apply:
(a) No collection agency or provider of hospital, 583
surgical, or medical services may report to a consumer reporting 584
agency, for inclusion in the credit file or credit report of the 585
former spouse or person responsible for the children, any 586
information relative to the nonpayment of expenses for the 587
services incurred by the provider, if the nonpayment is the 588
result of the failure of the party responsible for obtaining 589
health insurance coverage to obtain health insurance coverage. 590
(b) No consumer reporting agency shall include in the 592
credit file or credit report of the former spouse or person 593
responsible for the children, any information relative to the 594
nonpayment of any hospital, surgical, or medical expenses 595
incurred by a provider as a result of the party's failure to
obtain the coverage. 596
(2) If the requirements of divisions (B)(1) and (2) of 598
this section are not met, both of the following provisions shall 599
apply: 600
(a) A provider of hospital, surgical, or medical services, 602
or a collection agency, may report to a consumer reporting 603
agency, for inclusion in the credit file or credit report of the 604
former spouse or person responsible for the children, any 605
15
information relative to the nonpayment of expenses for the
services incurred by the provider, if the nonpayment is the 606
result of the failure of the party responsible for obtaining 607
health insurance coverage to obtain such coverage. 608
(b) A consumer reporting agency may include in the credit 610
file or credit report of the former spouse or person responsible 611
for the children, any information relative to the nonpayment of 612
any hospital, surgical, or medical expenses incurred by the 613
provider, if the nonpayment is the result of the failure of the 614
party responsible for obtaining health insurance coverage to
obtain such coverage. 615
(3)(a) A provider of hospital, surgical, or medical 617
services, or a collection agency, may report to a consumer 618
reporting agency, for inclusion in the credit file or credit 619
report of that party, any information relative to the nonpayment 620
of expenses for the services incurred by the provider, if the
nonpayment is the result of the failure of the party responsible 621
for obtaining health insurance coverage to obtain such coverage. 622
(b) A consumer reporting agency may include in the credit 624
file or credit report of the party responsible for obtaining 625
health insurance coverage, any information relative to the 626
nonpayment of any hospital, surgical, or medical expenses 627
incurred by a provider, if the nonpayment is the result of the
failure of that party to obtain health insurance coverage. 628
(4) If any information described in division (D)(2) of 630
this section is placed in the credit file or credit report of the 631
former spouse or person responsible for the children, the 632
consumer reporting agency shall remove the information from the 633
credit file and credit report if the former spouse or person
responsible for the children provides the agency with the 634
information required in divisions (B)(1) and (2) of this section. 635
If the agency fails to remove the information from the credit 636
file or credit report pursuant to the terms of the "Fair Credit 637
Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a, within a
16
reasonable time after receiving the information required by 638
divisions (B)(1) and (2) of this section, the former spouse may 639
initiate an action to require the agency to remove the 640
information.
If any information described in division (D)(3) of this 642
section is placed in the party's credit file or credit report, 643
the party has the burden of proving that the party is not 644
responsible for obtaining the health insurance coverage or, if 645
responsible, that the expenses incurred are not covered expenses.
If the party meets that burden, the agency shall remove the 646
information from the party's credit file and credit report 647
immediately. If the agency fails to remove the information from 648
the credit file or credit report immediately after the party 649
meets the burden, the party may initiate an action to require the
agency to remove the information. 650
Sec. 1533.82. (A) On receipt of a notice pursuant to 659
section 2301.373 of the Revised Code, the chief of the division 660
of wildlife shall comply with that section with respect to a 663
license or permit issued pursuant to section 1533.23, 1533.34, 664
1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 1533.71, 1533.72, 665
or 1533.81 of the Revised Code.
(B) ON RECEIPT OF A NOTICE PURSUANT TO SECTION 2301.375 OF 667
THE REVISED CODE, THE CHIEF OF THE DIVISION OF WILDLIFE SHALL 668
COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE, PERMIT, OR 669
STAMP ISSUED PURSUANT TO SECTION 1533.10, 1533.11, 1533.111, 670
1533.112, OR 1533.32 OF THE REVISED CODE.
Sec. 1707.191. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 672
2301.373 OF THE REVISED CODE, THE DIVISION OF SECURITIES SHALL 673
COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 674
PURSUANT TO THIS CHAPTER.
Sec. 2151.23. (A) The juvenile court has exclusive 683
original jurisdiction under the Revised Code as follows: 684
(1) Concerning any child who on or about the date 686
specified in the complaint is alleged to be a juvenile traffic 687
17
offender or a delinquent, unruly, abused, neglected, or dependent 689
child;
(2) Subject to division (V) of section 2301.03 of the 691
Revised Code, to determine the custody of any child not a ward of 692
another court of this state; 693
(3) To hear and determine any application for a writ of 695
habeas corpus involving the custody of a child; 696
(4) To exercise the powers and jurisdiction given the 698
probate division of the court of common pleas in Chapter 5122. of 700
the Revised Code, if the court has probable cause to believe that 701
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 702
defined in section 5122.01 of the Revised Code; 703
(5) To hear and determine all criminal cases charging 705
adults with the violation of any section of this chapter; 706
(6) To hear and determine all criminal cases in which an 708
adult is charged with a violation of division (C) of section 709
2919.21, division (B)(1) of section 2919.22, division (B) of 710
section 2919.23, or section 2919.24 of the Revised Code, provided 711
the charge is not included in an indictment that also charges the 712
alleged adult offender with the commission of a felony arising 713
out of the same actions that are the basis of the alleged 714
violation of division (C) of section 2919.21, division (B)(1) of 715
section 2919.22, division (B) of section 2919.23, or section 716
2919.24 of the Revised Code; 717
(7) Under the interstate compact on juveniles in section 719
2151.56 of the Revised Code; 720
(8) Concerning any child who is to be taken into custody 722
pursuant to section 2151.31 of the Revised Code, upon being 723
notified of the intent to take the child into custody and the 724
reasons for taking the child into custody; 725
(9) To hear and determine requests for the extension of 727
temporary custody agreements, and requests for court approval of 728
permanent custody agreements, that are filed pursuant to section 729
18
5103.15 of the Revised Code; 730
(10) To hear and determine applications for consent to 732
marry pursuant to section 3101.04 of the Revised Code; 733
(11) Subject to division (V) of section 2301.03 of the 735
Revised Code, to hear and determine a request for an order for 736
the support of any child if the request is not ancillary to an 737
action for divorce, dissolution of marriage, annulment, or legal 738
separation, a criminal or civil action involving an allegation of 739
domestic violence, or an action for support brought under Chapter 740
3115. of the Revised Code; 741
(12) Concerning an action commenced under section 121.38 743
of the Revised Code; 744
(13) CONCERNING AN ACTION COMMENCED UNDER SECTION 5101.314 746
OF THE REVISED CODE.
(B) The juvenile court has original jurisdiction under the 748
Revised Code: 749
(1) To hear and determine all cases of misdemeanors 751
charging adults with any act or omission with respect to any 752
child, which act or omission is a violation of any state law or 753
any municipal ordinance; 754
(2) To determine the paternity of any child alleged to 756
have been born out of wedlock pursuant to sections 3111.01 to 757
3111.19 of the Revised Code; 758
(3) Under the uniform reciprocal enforcement of support 760
act in Chapter 3115. of the Revised Code; 761
(4) To hear and determine an application for an order for 763
the support of any child, if the child is not a ward of another 764
court of this state. 765
(C) The juvenile court, except as to juvenile courts that 767
are a separate division of the court of common pleas or a 768
separate and independent juvenile court, has jurisdiction to 769
hear, determine, and make a record of any action for divorce or 770
legal separation that involves the custody or care of children 771
and that is filed in the court of common pleas and certified by 772
19
the court of common pleas with all the papers filed in the action 773
to the juvenile court for trial, provided that no certification 774
of that nature shall be made to any juvenile court unless the 776
consent of the juvenile judge first is obtained. After a 777
certification of that nature is made and consent is obtained, the 779
juvenile court shall proceed as if the action originally had been 780
begun in that court, except as to awards for spousal support or 781
support due and unpaid at the time of certification, over which 782
the juvenile court has no jurisdiction.
(D) The juvenile court has jurisdiction to hear and 784
determine all matters as to custody and support of children duly 785
certified by the court of common pleas to the juvenile court 786
after a divorce decree has been granted, including jurisdiction 787
to modify the judgment and decree of the court of common pleas as 788
the same relate to the custody and support of children. 789
(E) The juvenile court has jurisdiction to hear and 791
determine the case of any child certified to the court by any 792
court of competent jurisdiction if the child comes within the 793
jurisdiction of the juvenile court as defined by this section. 794
(F)(1) The juvenile court shall exercise its jurisdiction 796
in child custody matters in accordance with sections 3109.04, 797
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 798
(2) The juvenile court shall exercise its jurisdiction in 800
child support matters in accordance with section 3109.05 of the 801
Revised Code. 802
(G)(1) Each order for child support made or modified by a 804
juvenile court on or after December 31, 1993, shall include as 805
part of the order a general provision, as described in division 806
(A)(1) of section 3113.21 of the Revised Code, requiring the 807
withholding or deduction of wages INCOME or assets of the obligor 809
under the order as described in division (D) of section 3113.21 810
of the Revised Code, or another type of appropriate requirement 811
as described in division (D)(6)(3), (D)(7)(4), or (H) of that 813
section, to ensure that withholding or deduction from the wages 814
20
INCOME or assets of the obligor is available from the 816
commencement of the support order for collection of the support 817
and of any arrearages that occur; a statement requiring all 818
parties to the order to notify the child support enforcement 819
agency in writing of their current mailing address, their current 820
residence address, CURRENT RESIDENCE TELEPHONE NUMBER, AND 821
CURRENT DRIVER'S LICENSE NUMBER, and any changes in either 823
address TO THAT INFORMATION; and a notice that the requirement to 824
notify the child support enforcement agency of all changes in 825
either address TO THAT INFORMATION continues until further notice 826
from the court. Any juvenile court that makes or modifies an 828
order for child support on or after April 12, 1990, shall comply 829
with sections 3113.21 to 3113.219 of the Revised Code. If any 830
person required to pay child support under an order made by a 831
juvenile court on or after April 15, 1985, or modified on or 832
after December 1, 1986, is found in contempt of court for failure 833
to make support payments under the order, the court that makes 834
the finding, in addition to any other penalty or remedy imposed, 835
shall assess all court costs arising out of the contempt 836
proceeding against the person and require the person to pay any 837
reasonable attorney's fees of any adverse party, as determined by 838
the court, that arose in relation to the act of contempt. 839
(2) Notwithstanding section 3109.01 of the Revised Code, 841
if a juvenile court issues a child support order under this 842
chapter, the order shall remain in effect beyond the child's 843
eighteenth birthday as long as the child continuously attends on 844
a full-time basis any recognized and accredited high school. Any 845
parent ordered to pay support under a child support order issued 846
under this chapter shall continue to pay support under the order, 847
including during seasonal vacation periods, until the order 848
terminates. 849
(H) If a child who is charged with an act that would be an 851
offense if committed by an adult was fourteen years of age or 852
older and under eighteen years of age at the time of the alleged 853
21
act and if the case is transferred for criminal prosecution 854
pursuant to section 2151.26 of the Revised Code, the juvenile 856
court does not have jurisdiction to hear or determine the case 857
subsequent to the transfer. The court to which the case is 858
transferred for criminal prosecution pursuant to that section has 859
jurisdiction subsequent to the transfer to hear and determine the 860
case in the same manner as if the case originally had been 861
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 862
authorized by Criminal Rule 11 or another section of the Revised 864
Code and jurisdiction to accept a verdict and to enter a judgment 865
of conviction pursuant to the Rules of Criminal Procedure against 866
the child for the commission of the offense that was the basis of 867
the transfer of the case for criminal prosecution, whether the 868
conviction is for the same degree or a lesser degree of the 869
offense charged, for the commission of a lesser-included offense, 870
or for the commission of another offense that is different from 871
the offense charged. 872
(I) If a person under eighteen years of age allegedly 875
commits an act that would be a felony if committed by an adult 876
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 877
the juvenile court does not have jurisdiction to hear or 878
determine any portion of the case charging the person with 879
committing that act. In those circumstances, divisions (B) and 880
(C) of section 2151.26 of the Revised Code do not apply regarding 881
the act, the case charging the person with committing the act 882
shall be a criminal prosecution commenced and heard in the 883
appropriate court having jurisdiction of the offense as if the 884
person had been eighteen years of age or older when the person 885
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 886
offense, and the court having jurisdiction of the offense has all 887
the authority and duties in the case as it has in other criminal 888
22
cases commenced in that court.
Sec. 2151.231. The parent, guardian, or custodian of a 897
child, the person with whom a child resides, or the child support 898
enforcement agency of the county in which the child, parent, 899
guardian, or custodian of the child resides may bring an action 901
in a juvenile court under this section requesting the court to
issue an order requiring a parent of the child to pay an amount 902
for the support of the child without regard to the marital status 903
of the child's parents.
The parties to an action under this section may raise the 905
issue of the existence or nonexistence of a parent-child 906
relationship, unless a final and enforceable determination of the 907
issue has been made with respect to the parties pursuant to 908
Chapter 3111. of the Revised Code. If a complaint is filed under
this section and an issue concerning the existence or 909
nonexistence of a parent-child relationship is raised, the court 910
shall treat the action as an action pursuant to sections 3111.01 911
to 3111.19 of the Revised Code. An order issued in an action 912
under this section does not preclude a party to the action from
bringing a subsequent action pursuant to sections 3111.01 to 914
3111.19 of the Revised Code if the issue concerning the existence 917
or nonexistence of the parent-child relationship was not 918
determined with respect to the party. An order issued pursuant
to this section shall remain effective until an order is issued 919
pursuant to sections 3111.01 to 3111.19 of the Revised Code that 920
a parent-child relationship does not exist between the alleged 922
father of the child and the child or until the occurrence of an
event described in division (G)(4)(a) of section 3113.21 of the 924
Revised Code that would require the order to terminate.
THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE 926
REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS 927
SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE 928
FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE 929
COURT.
23
Sec. 2151.33. (A) Pending hearing of a complaint filed 938
under section 2151.27 of the Revised Code or a motion filed or 939
made under division (B) of this section and the service of 940
citations, the juvenile court may make any temporary disposition 941
of any child that it considers necessary to protect the best 942
interest of the child and that can be made pursuant to division 943
(B) of this section. Upon the certificate of one or more 944
reputable practicing physicians, the court may summarily provide 945
for emergency medical and surgical treatment that appears to be 946
immediately necessary to preserve the health and well-being of 947
any child concerning whom a complaint or an application for care 948
has been filed, pending the service of a citation upon the 949
child's parents, guardian, or custodian. The court may order the 950
parents, guardian, or custodian, if the court finds the parents, 951
guardian, or custodian able to do so, to reimburse the court for 952
the expense involved in providing the emergency medical or 953
surgical treatment. Any person who disobeys the order for 954
reimbursement may be adjudged in contempt of court and punished 955
accordingly. 956
If the emergency medical or surgical treatment is furnished 958
to a child who is found at the hearing to be a nonresident of the 959
county in which the court is located and if the expense of the 960
medical or surgical treatment cannot be recovered from the 961
parents, legal guardian, or custodian of the child, the board of 962
county commissioners of the county in which the child has a legal 963
settlement shall reimburse the court for the reasonable cost of 964
the emergency medical or surgical treatment out of its general 965
fund. 966
(B)(1) After a complaint, petition, writ, or other 968
document initiating a case dealing with an alleged or adjudicated 969
abused, neglected, or dependent child is filed and upon the 970
filing or making of a motion pursuant to division (C) of this 971
section, the court, prior to the final disposition of the case, 972
may issue any of the following temporary orders to protect the 973
24
best interest of the child: 974
(a) An order granting temporary custody of the child to a 976
particular party; 977
(b) An order for the taking of the child into custody 979
pursuant to section 2151.31 of the Revised Code pending the 980
outcome of the adjudicatory and dispositional hearings; 981
(c) An order granting, limiting, or eliminating visitation 983
rights with respect to the child; 984
(d) An order requiring a party to vacate a residence that 987
will be lawfully occupied by the child; 988
(e) An order requiring a party to attend an appropriate 990
counseling program that is reasonably available to that party; 991
(f) Any other order that restrains or otherwise controls 993
the conduct of any party which conduct would not be in the best 994
interest of the child. 995
(2) Prior to the final disposition of a case subject to 997
division (B)(1) of this section, the court shall do both of the 998
following:
(a) Issue an order pursuant to sections 3113.21 to 1,000
3113.219 of the Revised Code requiring the parents, guardian, or 1,001
person charged with the child's support to pay support for the 1,003
child.
(b) Issue an order requiring the parents, guardian, or 1,005
person charged with the child's support to continue to maintain 1,006
any health insurance coverage for the child that existed at the 1,007
time of the filing of the complaint, petition, writ, or other 1,008
document, or to obtain health insurance coverage pursuant to IN 1,009
ACCORDANCE WITH section 3113.217 of the Revised Code. 1,011
(C)(1) A court may issue an order pursuant to division (B) 1,013
of this section upon its own motion or if a party files a written 1,015
motion or makes an oral motion requesting the issuance of the 1,016
order and stating the reasons for it. Any notice sent by the 1,017
court as a result of a motion pursuant to this division shall 1,018
contain a notice that any party to a juvenile proceeding has the 1,019
25
right to be represented by counsel and to have appointed counsel 1,021
if the person is indigent.
(2) If a child is taken into custody pursuant to section 1,023
2151.31 of the Revised Code and placed in shelter care, the 1,024
public children services agency or private child placing agency 1,025
with which the child is placed in shelter care shall file or make 1,026
a motion as described in division (C)(1) of this section before 1,027
the end of the next day immediately after the date on which the 1,029
child was taken into custody and, at a minimum, shall request an 1,030
order for temporary custody under division (B)(1)(a) of this 1,031
section.
(3) Any court that issues an order pursuant to division 1,033
(B)(1)(b) of this section shall make the determination and issue 1,035
the written finding of facts required by section 2151.419 of the
Revised Code. 1,036
(D) The court may grant an ex parte order upon its own 1,039
motion or a motion filed or made pursuant to division (C) of this 1,040
section requesting such an order if it appears to the court that 1,042
the best interest and the welfare of the child require that the 1,043
court issue the order immediately. The court, if acting on its 1,044
own motion, or the person requesting the granting of an ex parte 1,045
order, to the extent possible, shall give notice of its intent or 1,046
of the request to the parents, guardian, or custodian of the 1,047
child who is the subject of the request. If the court issues an 1,048
ex parte order, the court shall hold a hearing to review the 1,049
order within seventy-two hours after it is issued or before the 1,050
end of the next day after the day on which it is issued, 1,051
whichever occurs first. The court shall give written notice of 1,052
the hearing to all parties to the action and shall appoint a 1,053
guardian ad litem for the child prior to the hearing. 1,054
The written notice shall be given by all means that are 1,056
reasonably likely to result in the party receiving actual notice 1,057
and shall include all of the following: 1,058
(1) The date, time, and location of the hearing; 1,060
26
(2) The issues to be addressed at the hearing; 1,062
(3) A statement that every party to the hearing has a 1,064
right to counsel and to court appointed counsel, if the party is 1,065
indigent; 1,066
(4) The name, telephone number, and address of the person 1,068
requesting the order; 1,069
(5) A copy of the order, except when it is not possible to 1,071
obtain it because of the exigent circumstances in the case. 1,072
If the court does not grant an ex parte order pursuant to a 1,074
motion filed or made pursuant to division (C) of this section or 1,076
its own motion, the court shall hold a shelter care hearing on 1,077
the motion within ten days after the motion is filed. The court 1,078
shall give notice of the hearing to all affected parties in the 1,079
same manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and 1,081
dispositional hearings, shall not issue an order granting 1,082
temporary custody of a child to a public children services agency 1,083
or private child placing agency pursuant to this section, unless 1,084
the court determines and specifically states in the order that 1,085
the continued residence of the child in the child's current home 1,086
will be contrary to the child's best interest and welfare and 1,087
makes the determination and issues the written finding of facts 1,088
required by section 2151.419 of the Revised Code. 1,089
(F) Each public children services agency and private child 1,091
placing agency that receives temporary custody of a child 1,092
pursuant to this section shall maintain in the child's case 1,093
record written documentation that it has placed the child, to the 1,094
extent that it is consistent with the best interest, welfare, and 1,095
special needs of the child, in the most family-like setting 1,096
available and in close proximity to the home of the parents, 1,097
custodian, or guardian of the child. 1,098
(G) For good cause shown, any court order that is issued 1,100
pursuant to this section may be reviewed by the court at any time 1,101
upon motion of any party to the action or upon the motion of the 1,102
27
court. 1,103
Sec. 2151.49. In every case of conviction under sections 1,112
2151.01 to 2151.54 of the Revised Code, where imprisonment is 1,113
imposed as part of the punishment, the juvenile judge may suspend 1,114
sentence, before or during commitment, upon such condition as he 1,115
THE JUVENILE JUDGE imposes. In the case of conviction for 1,116
non-support of a child who is receiving aid under Chapter 5107. 1,117
or 5115. of the Revised Code, if the juvenile judge suspends 1,118
sentence on condition that the person make payments for support, 1,119
the payment shall be made to the county department of human 1,120
services rather than to the child or custodian of the child.
THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE 1,122
REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS 1,123
SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE 1,124
FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE 1,125
COURT.
Sec. 2301.34. As used in sections 2301.34 to 2301.42 1,134
2301.46 of the Revised Code: 1,135
(A) "Default" means any failure to pay under a support 1,137
order that is an amount greater than or equal to the amount of 1,138
support payable under the support order for one month. 1,139
(B) "Support order" means an order of a court requiring 1,141
payments PAYMENT OF SUPPORT ISSUED pursuant to section 2151.23, 1,143
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 1,145
3111.13, 3111.20, 3111.21, 3111.22, 3113.04, 3113.07, 3113.31, or 1,147
3115.22 3115.31 of the Revised Code. 1,148
(C) "Obligor" and "obligee" have the same meaning as in 1,150
section 3113.21 of the Revised Code. 1,151
Sec. 2301.35. (A) The board of county commissioners in 1,162
each county, by resolution, shall designate one of the following 1,164
as the child support enforcement agency for the county: the 1,165
county department of human services, the office of the 1,166
prosecuting attorney, a bureau within the court of common pleas, 1,167
or a separate agency under the direct control of the board and 1,168
28
administered by an official appointed by the board. The board 1,169
shall enter into a contract with the designated entity as 1,170
required by division (B) of this section. If, on or before 1,171
December 31, 1987, the board does not designate and enter into a 1,172
contract with an entity to be the county's child support 1,173
enforcement agency, the county department of human services is 1,174
hereby designated as the child support enforcement agency for the 1,175
county.
(B)(1) Each board of county commissioners shall enter into 1,178
a contract with the child support enforcement agency for the 1,179
county served by the board, as designated under division (A) of 1,180
this section. The contract shall specify the services the agency 1,181
is to provide and may contain other provisions relating to the 1,182
operation of the agency. The form and terms of the contract shall 1,183
be consistent with the rules adopted by the state department of 1,184
human services under division (D) of this section. The board 1,185
thereafter, by resolution, may change its designation of the 1,186
child support enforcement agency after providing at least sixty 1,187
days' notice to the state department of human services and 1,188
publishing notice of intent to change the designation in a 1,189
newspaper of general circulation within the county at least sixty 1,190
days before the change takes effect. The board shall enter into 1,191
a contract under this division with any child support enforcement 1,192
agency it designates under this section. 1,193
(2)(a) If a board of county commissioners, by resolution, 1,195
changes its designation of the child support enforcement agency 1,196
by designating a new department, office, bureau, or agency as the 1,197
designated child support enforcement agency for the county, the 1,198
board, notwithstanding any other section of the Revised Code, 1,199
shall adopt a resolution stating that any employees of the 1,200
previously designated child support enforcement agency for that 1,201
county who also are employees of the newly designated child 1,202
support enforcement agency for that county and who are not 1,203
otherwise covered by a collective bargaining agreement shall be 1,204
29
treated as transfers to the newly designated agency. The board 1,205
of county commissioners shall state all of the following in the 1,206
resolution: 1,207
(i) That the conditions of employment, compensation, and 1,209
benefits of the transferred employees shall be consistent with 1,210
the conditions of employment, compensation, and benefits of the 1,211
other employees of the department, office, bureau, or agency that 1,212
is the newly designated child support enforcement agency for that 1,213
county; 1,214
(ii) That the transferred employees of the previously 1,216
designated child support enforcement agency who become employees 1,217
of the newly designated child support enforcement agency shall 1,218
retain any rights they have as to classification status and 1,219
benefits; 1,220
(iii) That those transferred employees may transfer 1,222
vacation leave, sick leave, and other earned benefits that they 1,223
earned while employed at the previously designated child support 1,224
enforcement agency to the newly designated child support 1,225
enforcement agency or that they may be paid for the earned 1,226
benefits; 1,227
(iv) That, if the action taken by the board of county 1,229
commissioners in the resolution transferring the employees to the 1,230
newly designated child support enforcement agency results in a 1,231
reduction in pay for the employees, the reduction in pay shall 1,232
not be considered a reduction in pay pursuant to section 124.34 1,233
of the Revised Code; 1,234
(v) That the parties to the collective bargaining 1,236
agreement shall agree to include any comparable classified 1,237
employee into the existing bargaining unit for the newly 1,238
designated child support enforcement agency. 1,239
(b) The employees of a previously designated child support 1,241
enforcement agency who also are employees of the newly designated 1,242
child support enforcement agency for that county and who are 1,243
covered by a collective bargaining agreement shall continue to be 1,244
30
covered by that agreement until the agreement expires or is 1,245
renegotiated. The parties to the collective bargaining agreement 1,246
shall agree to include any comparable classified employee in the 1,247
existing bargaining unit for the newly designated child support 1,248
enforcement agency at any time the transferred employee is not 1,249
otherwise covered by a collective bargaining agreement. 1,250
(C) The child support enforcement agency for a county is 1,252
the local Title IV-D agency for the county and shall operate a 1,253
program for support enforcement in the county, which program 1,254
shall comply with Title IV-D of the "Social Security Act," 88 1,255
Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted 1,256
pursuant to that title, and sections 2151.23, 2151.33, 2301.34 to 1,257
2301.42, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 1,258
3111.21, 3111.22, 3113.04, 3113.21 to 3113.219, 3113.31, and 1,260
3115.22 3115.31 of the Revised Code. Each child support 1,261
enforcement agency shall be operated under the supervision of the 1,262
state department of human services in accordance with the program 1,263
of child support enforcement established pursuant to section 1,264
5101.31 of the Revised Code, shall be responsible in the county 1,265
it serves for the collection ENFORCEMENT of payments due under 1,267
support orders, and shall perform all administrative duties 1,268
related to the collection ENFORCEMENT of payments due under any 1,269
support order. EXCEPT AS PROVIDED IN DIVISION (I) OF THIS 1,270
SECTION, NO CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT ANY 1,271
SUPPORT AMOUNTS DUE UNDER A SUPPORT ORDER AS PART OF ITS DUTIES 1,272
TO ENFORCE SUPPORT ORDERS. No child support enforcement agency 1,274
shall use any social security number made available to it under 1,275
section 3705.07 of the Revised Code for any purpose other than 1,276
child support enforcement. The department shall ensure that all 1,277
child support enforcement agencies comply with all applicable 1,278
state and federal support regulations, including the affirmative 1,279
duties of Title IV-D of the Social Security Act. 1,280
Each child support enforcement agency may enter into 1,282
contracts with public agencies and private vendors for the 1,283
31
collection of amounts due under support orders, for assistance in 1,284
establishing paternity or support obligations, or for the 1,285
performance of other administrative duties of the agency. Each 1,286
child support enforcement agency may contract with a collection 1,288
agent in accordance with section 2301.42 of the Revised Code for 1,289
the collection of arrearages described in that section. Before 1,290
entering into a contract for the collection of support, 1,291
assistance in establishing paternity or support obligations, or 1,292
for other administrative services, a child support enforcement 1,293
agency shall comply with sections 307.86 to 307.92 of the Revised 1,294
Code and any rules adopted by the state department of human 1,295
services pursuant to division (D)(1) of this section. 1,296
(D)(1) The state department of human services shall adopt 1,299
rules under Chapter 119. of the Revised Code governing the 1,300
operation of support enforcement by child support enforcement 1,301
agencies. The rules shall include, but shall not be limited to, 1,302
provisions relating to contracts between the agencies and boards 1,303
of county commissioners entered into under division (B) of this 1,304
section, requirements for public hearings by the agencies, and 1,305
provisions for appeals of agency decisions under procedures 1,306
established by the department.
(2) The state department of human services shall adopt in 1,309
accordance with Chapter 119. of the Revised Code rules governing 1,310
the establishment by child support enforcement agencies of 1,311
on-site genetic testing programs to be used in actions under 1,312
sections 3111.01 to 3111.19 of the Revised Code and in 1,313
administrative procedures under sections 3111.20 to 3111.29 of 1,314
the Revised Code. The rules shall include, but are not limited 1,315
to, provisions relating to the environment in which a blood or 1,316
buccal cell sample may be drawn, the medical personnel who may
draw a sample, the trained personnel who may perform the genetic 1,317
comparison, the types of genetic testing that may be performed on 1,318
a sample, and the procedure for notifying the court of the 1,319
location at which the sample will be drawn, who will draw the 1,321
32
sample, and who will perform the genetic testing on the sample, 1,322
and any other procedures or standards the department determines 1,323
are necessary for the implementation of on-site genetic testing. 1,324
(E)(1) The state department of human services shall adopt, 1,327
under Chapter 119. of the Revised Code, support enforcement 1,328
performance standards and rules establishing financial sanctions 1,329
for counties that fail to comply with the standards and shall 1,330
make the standards and rules available to the public, boards of 1,331
county commissioners, and child support enforcement agencies. 1,332
The department shall determine the degree to which each child 1,333
support enforcement agency is complying with the standards. If 1,334
the department finds any child support enforcement agency to be 1,335
substantially out of compliance with the standards, it shall 1,336
require the agency and the board of county commissioners of the 1,337
county served by the agency to prepare a plan to bring the agency 1,338
into compliance with the standards. The plan may include a 1,339
change in the designation of the child support enforcement 1,340
agency. If the plan does not result in compliance with the 1,341
standards, the department shall impose a financial sanction upon 1,342
the county. The board of county commissioners shall make a 1,343
separate appropriation for the child support enforcement agency 1,344
in the amount of the sanction and transfer that amount to the 1,345
agency. The child support enforcement agency shall not pay any 1,346
part of the sanction, and the board of county commissioners shall 1,347
not decrease county funding for the agency because of the 1,348
sanction. If the board of county commissioners fails to make the 1,349
full appropriation and transfer as required by this division, the 1,350
department shall certify to the tax commissioner the amount of 1,351
the sanction. The tax commissioner shall deduct that amount from 1,352
the local government fund distribution to which the county itself 1,353
would otherwise be entitled and remit the amount directly to the 1,354
child support enforcement agency to be deposited by the agency 1,355
into a separate account to be used solely for support enforcement 1,356
purposes. If the department subsequently determines that the 1,357
33
agency has attained substantial compliance with the standards and 1,358
that the county has appropriated sufficient funds for the agency 1,359
to maintain its budget at the level necessary to continue to be 1,360
in substantial compliance, the department shall certify its 1,361
determination to the tax commissioner, and the tax commissioner 1,362
shall resume remitting to the county the entire amount of the 1,363
local government fund distribution. The board of county 1,364
commissioners may appeal a financial sanction under Chapter 119. 1,365
of the Revised Code. 1,366
(2) The state department of human services shall adopt, 1,368
under Chapter 119. of the Revised Code, rules requiring each 1,369
child support enforcement agency to complete within designated 1,370
periods of time specified percentages of parentage cases in which 1,371
the agency or the mother of a child is attempting to establish a 1,372
parent and child relationship between the child and the father of 1,373
the child and rules establishing financial sanctions for counties 1,374
that fail to comply with the requirements. The department shall 1,375
make copies of the rules available upon request to the public, 1,376
boards of county commissioners, and child support enforcement 1,377
agencies. The department shall determine the degree to which 1,378
each child support enforcement agency is complying with the 1,379
requirements. If the department finds any child support 1,380
enforcement agency to be substantially out of compliance with the 1,381
requirements, it shall require the agency and the board of county 1,382
commissioners of the county served by the agency to prepare a 1,383
plan to bring the agency into compliance with the requirements 1,384
and to submit the plan to the department. The plan may include a 1,385
change in the designation of the child support enforcement 1,386
agency. If the plan does not result in compliance with the 1,387
requirements, the department shall impose a financial sanction 1,388
upon the county. If a financial sanction is imposed upon a 1,389
county, the board of county commissioners may appeal the sanction 1,390
under Chapter 119. of the Revised Code. 1,391
(F) Each child support enforcement agency designated under 1,393
34
this section shall enter into written agreements with the courts, 1,394
the prosecuting attorney, and law enforcement officials of the 1,395
county it serves, which agreements shall establish cooperative 1,396
working arrangements and specify areas of responsibility for the 1,397
enforcement of support among the agency, courts, and officials. 1,398
The agreements shall provide for the reimbursement of the courts 1,399
and law enforcement officials for the responsibilities they 1,400
assume and actions they undertake pursuant to such agreements. 1,401
(G)(1) Every A child support enforcement agency shall 1,403
maintain records listing the date a support order was entered, 1,404
the amount of any payment made under it, the date on which 1,405
payments are required to be made, the names and addresses of the 1,406
parties affected by the order, and the current records of 1,407
payments and disbursements OF SUPPORT ORDERS BEING ADMINISTERED 1,408
OR OTHERWISE HANDLED BY THE AGENCY PURSUANT TO SECTION 5101.319 1,409
OF THE REVISED CODE.
(2) Each obligor and each obligee under a support order 1,411
may review all records maintained under division (G)(1) of this 1,412
section that pertain to the support order and any other 1,413
information in any file maintained by the child support 1,414
enforcement agency, except to the extent prohibited by state or 1,415
federal law. 1,416
(H)(1) If a A court or administrative agency THAT issues 1,418
or modifies a support order on or after October 5, 1987, 1,420
regardless of when the modified support order was issued, the 1,421
child support enforcement agency of the county shall collect 1,422
IMPOSE AN ADMINISTRATIVE FEE THAT IS the greater of two per cent 1,424
of the support payment to be collected under a support order or 1,425
one dollar per month from ON the obligor under the support order. 1,427
The child support enforcement agency and the court shall enter 1,428
into an agreement that provides for the application by December 1,429
31, 1988, of that amount to all support orders issued prior to 1,430
October 5, 1987, unless the date for the application of that 1,431
amount to those orders is extended by mutual agreement between 1,432
35
the child support enforcement agency and the court. The obligor 1,433
shall pay the amount with every current support payment, and with 1,434
every payment on arrearages. If an obligor fails to pay the 1,435
required amount with each support payment due in increments
specified under the support order, the child support enforcement 1,436
agency shall maintain a separate arrearage account of that amount 1,437
for that obligor. The agency shall not deduct the unpaid amount 1,438
from any support payment due to the obligee in increments 1,439
specified under the support order. If an obligor pays the 1,440
required amount, the child support enforcement agency is not 1,441
required to apply that payment toward any arrearages under the 1,442
support payment. No moneys received by a child support 1,443
enforcement agency pursuant to this division shall be used for 1,444
any purpose other than the provision of funds for the 1,445
administration of its program of support enforcement NO COURT OR 1,446
AGENCY MAY CALL THE FEE A POUNDAGE FEE. 1,447
(2) The board of county commissioners of each county shall 1,449
budget and appropriate to the child support enforcement agency 1,450
serving the county all of the following: 1,451
(a) Money collected pursuant to division (H)(1) of this 1,453
section; 1,454
(b) All federal money payable to the county on the basis 1,456
of its success in collecting overdue support obligations, 1,457
establishing paternity, and implementing other activities related 1,458
to child support enforcement under Title IV-D of the Social 1,459
Security Act; 1,460
(c)(b) Any funds that may be received from other federal 1,462
or state sources for the child support enforcement agency; 1,463
(d)(c) Notwithstanding any provision of the Revised Code 1,465
that provides otherwise, all interest earned on moneys in the 1,466
child support enforcement agency's depository accounts. 1,467
(3) All moneys received from the federal or state 1,469
government for reimbursement for support enforcement activities 1,470
shall be used solely for support enforcement activities. 1,471
36
(4) A board of county commissioners may request that the 1,473
department of human services grant a waiver of the requirement 1,474
that the money specified in division (H)(2)(b)(a) of this section 1,476
be budgeted and appropriated to the child support enforcement 1,477
agency if the board can demonstrate, by meeting criteria 1,478
established by the department, that the child support enforcement 1,479
agency is effectively using procedures for establishing 1,480
paternity, meeting the mandated service needs of clients, and 1,481
complying with all applicable state and federal support rules and 1,482
regulations.
(I)(5) A child support enforcement agency may invest any 1,484
of the moneys collected pursuant to the performance of its duties 1,485
under sections 2301.34 to 2301.42 of the Revised Code in a 1,486
repurchase agreement in which a bank agrees to sell short-term 1,487
federally guaranteed securities with an obligation of the bank to 1,488
repurchase the securities. All interest derived pursuant to 1,489
investments made under this division shall be retained by the 1,490
child support enforcement agency and used solely for support 1,491
enforcement activities. 1,492
(I)(1) A COURT OR A CHILD SUPPORT ENFORCEMENT AGENCY, WHEN 1,495
ISSUING OR MODIFYING A SUPPORT ORDER MAY REQUIRE SUPPORT PAYMENTS 1,496
TO BE MADE TO THE AGENCY IN THE FOLLOWING SITUATIONS: 1,497
(a) THE OBLIGOR UNDER THE SUPPORT ORDER IS SELF EMPLOYED; 1,500
(b) THE OBLIGOR IS SUBJECT TO AN ORDER TO SEEK EMPLOYMENT 1,503
OR PARTICIPATE IN A WORK ACTIVITY PROGRAM PURSUANT TO SECTION 1,504
3111.231 OR DIVISION (D)(4) OF SECTION 3113.21 OF THE REVISED 1,507
CODE;
(c) THE OBLIGOR IS SUBJECT TO AN ORDER REQUIRING THE 1,510
OBLIGOR TO ENTER INTO A CASH BOND WITH THE COURT OR THE AGENCY 1,511
PURSUANT TO DIVISION (D)(3) OF SECTION 3113.21 OF THE REVISED 1,514
CODE;
(d) UNTIL SUCH TIME AS WITHHOLDING OR DEDUCTION UNDER THE 1,517
SUPPORT ORDER COMMENCES.
(2) IF A SUPPORT PAYMENT IS MADE TO AN AGENCY PURSUANT TO 1,519
37
THIS DIVISION, THE AGENCY SHALL COLLECT THE FEE IMPOSED PURSUANT 1,520
TO DIVISION (H)(1) OF THIS SECTION AND SEND THE PAYMENT AND THE 1,522
FEE TO THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN 1,523
SERVICES PURSUANT TO SECTION 5101.325 OF THE REVISED CODE NOT 1,525
LATER THAN ONE DAY AFTER THE AGENCY RECEIVES PAYMENT. 1,526
(J)(1) Subject to division (J)(2) of this section, all 1,528
support orders that are administered by a child support 1,529
enforcement agency designated under this section and are eligible 1,530
for Title IV-D services shall be Title IV-D cases under Title 1,531
IV-D of the "Social Security Act." Subject to division (J)(2) of 1,532
this section, all obligees of support orders administered by the 1,533
child support enforcement agency shall be considered to have 1,534
filed a signed application for Title IV-D services. 1,535
(2) A court that, on or after July 1, 1990, issues or 1,537
modifies a support order shall require the obligee under the 1,538
order to sign, at the time of the issuance or modification of the 1,539
order, an application for Title IV-D services and to file, as 1,540
soon as possible, the signed application with the child support 1,541
enforcement agency that will administer the order. The 1,542
application shall be on a form prescribed by the department of 1,543
human services. A support order that is issued or modified on or 1,544
after July 1, 1990, that is administered by a child support 1,545
enforcement agency, and that is eligible for Title IV-D services 1,546
shall be a Title IV-D case under Title IV-D of the "Social 1,547
Security Act" only upon the filing of the signed application for 1,548
Title IV-D services. 1,549
(3) A child support enforcement agency shall make 1,551
available an application for Title IV-D services to all persons 1,552
requesting a child support enforcement agency's assistance in an 1,553
action under sections 3111.01 to 3111.19 of the Revised Code or 1,554
in an administrative proceeding brought under sections 3111.20 to 1,555
3111.29 of the Revised Code. 1,556
(K)(1) As used in this section, "current support payment" 1,558
means the amount of support due an obligee that an obligor is 1,559
38
required to pay in a particular payment for the current month as 1,560
specified in a support order. "Current support payment" does not 1,561
include payments on arrearages under the support order. 1,562
(2) As used in the Revised Code, "child support 1,564
enforcement agency" means the child support enforcement agency 1,565
designated under this section. 1,566
Sec. 2301.353. (A)(1)(a) Any consumer reporting agency 1,575
may contact any child support enforcement agency and request the 1,576
child support enforcement agency to provide to the consumer 1,577
reporting agency, in accordance with this section, information as 1,578
to all persons who have been found by a court to be in default 1,579
under a support order being administered or otherwise handled by 1,580
the child support enforcement agency. If a request of that 1,581
nature is received by a child support enforcement agency, if the 1,582
consumer reporting agency pays the requisite fee for the 1,583
requested information as prescribed pursuant to division (F) of 1,584
this section, and if, after complying with divisions (A)(2) and 1,585
(B) to (D) of this section, the child support enforcement agency 1,586
is required to provide the requested information with respect to 1,587
any obligor in default under a support order being administered 1,588
or otherwise handled by the child support enforcement agency, the 1,589
child support enforcement agency shall comply with the request of 1,590
the consumer reporting agency. 1,591
(b) After complying with divisions (A)(2) and (B) to (D) 1,593
of this section, any IF A COURT OR CHILD SUPPORT ENFORCEMENT 1,594
AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO 1,595
DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE THAT AN 1,596
OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE child support 1,597
enforcement agency may ADMINISTERING THE SUPPORT ORDER SHALL 1,598
contact any EACH consumer reporting agency in the county in which 1,599
the child support enforcement agency is located, in any other 1,601
county of this state, or in another state and may provide to the 1,602
consumer reporting agency information as to persons who have been 1,603
found by a court to be in default under a support order being 1,604
39
administered or otherwise handled by the child support 1,605
enforcement agency. The administrative head of THE OBLIGOR'S 1,606
NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFICATION 1,607
NUMBER AND ANY OTHER IDENTIFYING INFORMATION CONCERNING THE 1,608
OBLIGOR the child support enforcement agency shall determine, in 1,609
his discretion and pursuant to division (A)(1)(b) of this 1,610
section, when any consumer reporting agency will be contacted 1,611
HAS. A child support enforcement agency shall not charge a 1,613
consumer reporting agency a fee for information provided by the 1,614
child support enforcement agency pursuant to division (A)(1)(b) 1,615
of this section.
(2) For purposes of this section, each child support 1,617
enforcement agency periodically shall review its records 1,618
maintained under section 2301.35 of the Revised Code to determine 1,619
whether an obligor under any support order being administered or 1,620
otherwise handled by the agency has been found by a court to be 1,621
in default under the support order. 1,622
(B) If a child support enforcement agency, upon conducting 1,624
a review of its records under division (A)(2) of this section, 1,625
determines that an obligor has been found by a court to be in 1,626
default under a support order being administered or otherwise 1,627
handled by it, the agency shall send written notice of its 1,628
determination and the possible consequences to the obligor, by 1,629
ordinary first class mail, at the most recent address it has for 1,630
the obligor. The notice may be incorporated in a notice of 1,631
default sent to the obligor pursuant to section 3113.21 of the 1,632
Revised Code or in a notice sent to the obligor pursuant to 1,633
section 5101.32 or 5101.321 of the Revised Code. The mailing of 1,634
the notice shall be evidenced by a certificate of mailing filed 1,635
with the clerk of the court. The notice shall indicate all of 1,636
the following: 1,637
(1) That the records of the child support enforcement 1,639
agency show that the obligor has been found by a court to be in 1,640
default under a support order; 1,641
40
(2) The amount of the arrearage allegedly resulting from 1,643
the default, as shown in the records; 1,644
(3) That, if he does not wish to contest the records, he 1,647
must pay the arrearage within fourteen days after his receipt of 1,648
the notice or either or both of the following may occur: 1,649
(a) The child support enforcement agency, in the 1,651
discretion of its administrative head, may contact one or more 1,652
consumer reporting agencies in the county in which the child 1,653
support enforcement agency is located, in another county of this 1,654
state, or in another state and inform those agencies that the 1,655
obligor has been found by a court to be in default under a 1,656
support order being administered or otherwise handled by the 1,657
child support enforcement agency. 1,658
(b) The child support enforcement agency will inform each 1,660
consumer reporting agency that requests the information that the 1,661
obligor has been found by a court to be in default under a 1,662
support order being administered or otherwise handled by the 1,663
child support enforcement agency. 1,664
(4) That, if he believes the records are erroneous, he may 1,668
file, within ten days after his receipt of the notice, a written 1,669
request with the child support enforcement agency for a hearing 1,670
to contest the records;
(5) That, if he requests a hearing within the specified 1,673
time period, a hearing will be conducted, and, if he proves to 1,674
the child support enforcement agency at the hearing that the 1,675
amount of arrearage indicated is incorrect or that he actually is 1,677
not in default under the support order, the agency will modify 1,678
its records accordingly; 1,679
(6) That, if he does not timely request a hearing or 1,682
timely pay the amount of the arrearage or if he timely requests a 1,684
hearing but the child support enforcement agency determines at 1,685
the hearing that the obligor has been found by a court to be in 1,686
default under a support order and that he is in default under the 1,688
order, either or both of the following may occur: 1,689
41
(a) The child support enforcement agency, in the 1,691
discretion of its administrative head, may contact one or more 1,692
consumer reporting agencies in the county in which the child 1,693
support enforcement agency is located, in another county of this 1,694
state, or in another state, inform those agencies that the 1,695
obligor has been found by a court to be in default under a 1,696
support order being administered or otherwise handled by the 1,697
child support enforcement agency, and indicate the amount of the 1,698
arrearage as of that time resulting from the default. 1,699
(b) The child support enforcement agency will inform each 1,701
consumer reporting agency that requests the information that he 1,702
has been found by a court to be in default under a support order 1,703
being administered or otherwise handled by the child support 1,704
enforcement agency and indicate to that consumer reporting agency 1,705
the amount of the arrearage as of that time resulting from the 1,706
default. 1,707
(C)(1) Upon receipt of a notice pursuant to division (B) 1,709
of this section, the obligor who is sent the notice, within ten 1,710
days after his receipt of the notice, may file a request for a 1,711
hearing to contest the accuracy of the records that are the 1,712
subject of the notice. The request shall be filed with the child 1,713
support enforcement agency that sent the notice to him and shall 1,714
be made on a form provided by that agency. 1,715
(2) If an obligor who is sent a written notice under 1,717
division (B) of this section requests a hearing pursuant to 1,718
division (C)(1) of this section within ten days after his receipt 1,719
of the notice, the child support enforcement agency shall 1,720
schedule a hearing within ten days after the request is made, 1,721
shall give notice of the date, time, and place of the hearing to 1,722
the obligor who made the request and to the obligee under the 1,723
order, and shall conduct the hearing accordingly. At the 1,724
hearing, the sole issues to be decided are whether a court 1,725
determined that the obligor is in default under the related 1,726
support order, whether the obligor who requested the hearing 1,727
42
actually is in default under the related support order and, if he 1,728
is in default, the amount of the arrearage resulting from the 1,729
default. Any interested party may present testimony and other 1,730
evidence that is relevant to the issues to be decided at the 1,731
hearing. 1,732
If the child support enforcement agency determines by a 1,734
preponderance of the evidence from the testimony and evidence 1,735
presented at the hearing that no court has determined that the 1,736
obligor is in default under the related support order or that the 1,737
obligor is not in default under the related support order, the 1,738
agency shall modify its records accordingly and shall not notify 1,739
pursuant to division (A)(1)(a) or (b) of this section any 1,740
consumer reporting agency of any default relative to that support 1,741
order. If the child support enforcement agency determines at the 1,742
hearing that a court has determined that the obligor is in 1,743
default under the related support order and that the obligor 1,744
actually is in default under the related support order, it shall 1,745
issue a written statement that the obligor has been found by a 1,746
court to be in default under a support order and of the amount of 1,747
the arrearage as of that time. The child support enforcement 1,748
agency shall give each consumer reporting agency that requested 1,749
information pursuant to division (A)(1)(a) of this section or 1,750
each consumer reporting agency selected by the administrative 1,751
head of the child support enforcement agency pursuant to division 1,752
(A)(1)(b) of this section a copy of the written statement or 1,753
provide the consumer reporting agency with the information 1,754
contained in the written statement. The child support 1,755
enforcement agency shall notify the obligor of the name, address, 1,756
and telephone number of each consumer reporting agency to which 1,757
it gives a copy of the written statement and of each consumer 1,758
reporting agency to which it provides the information contained 1,759
in the written statement. 1,760
(3) If an obligor who is sent a written notice under 1,762
division (B) of this section does not request a hearing within 1,763
43
ten days after his receipt of the notice but the obligor pays the 1,764
arrearage under the support order within fourteen days after his 1,765
receipt of the notice, the child support enforcement agency shall 1,766
modify its records accordingly and shall not notify pursuant to 1,767
division (A)(1)(a) or (b) of this section any consumer reporting 1,768
agency of any default relative to that order. 1,769
(4)(B) If a child support enforcement agency gives 1,771
CONTACTS a consumer reporting agency a copy of a written 1,773
statement that an obligor has been found by a court to be in 1,774
default under a support order or gives the consumer reporting 1,775
agency the information contained in the written statement 1,776
PURSUANT TO DIVISION (A) OF THIS SECTION and if that THE obligor 1,777
pays the entire arrearage under the support order that is the 1,778
subject of the statement BASIS FOR THE DETERMINATION OF DEFAULT, 1,779
both of the following apply: 1,780
(a) The obligor may give each consumer reporting agency 1,782
that received a copy of the written statement or the information 1,783
contained in the written statement CONTACTED a written notice 1,784
that the arrearage specified in the statement has been paid in 1,786
full and may request the child support enforcement agency to give 1,787
each consumer reporting agency that received the written 1,788
statement or information WAS CONTACTED A written confirmation 1,789
that the arrearage specified in the statement has been paid in 1,791
full. The consumer reporting agency shall not record the full 1,792
payment of the obligor's arrearage until the child support 1,793
enforcement agency confirms the payment. 1,794
(b) If the obligor requests the child support enforcement 1,796
agency to confirm that the arrearage has been paid in full, the 1,797
child support enforcement agency shall give each consumer 1,798
reporting agency to which the child support enforcement agency 1,799
gave the written statement or the information CONTACTED written 1,800
confirmation that the arrearage that was the subject of the 1,801
statement has been paid in full. 1,802
(D) If an obligor who is sent a written notice under 1,804
44
division (B) of this section does not request a hearing within 1,805
ten days after his receipt of the notice and does not timely pay 1,806
the arrearage, the child support enforcement agency shall not 1,807
conduct a hearing on the matter, and either or both of the 1,808
following apply: 1,809
(1) The child support enforcement agency, in the 1,811
discretion of its administrative head, may contact one or more 1,812
consumer reporting agencies in the county in which the child 1,813
support enforcement agency is located, in another county of this 1,814
state, or in another state and give those agencies one of the 1,815
following: 1,816
(a) A written statement that its records indicate that the 1,818
obligor has been found by a court to be in default under a 1,819
support order being administered or otherwise handled by the 1,820
child support enforcement agency and of the amount of the 1,821
arrearage resulting from the default as indicated in the records; 1,822
(b) The information that would be included in a written 1,824
statement described in division (D)(1)(a) of this section. 1,825
(2) The child support enforcement agency shall give each 1,827
consumer reporting agency that requests the information a written 1,828
statement as described in division (D)(1)(a) of this section or 1,829
information as described in division (D)(1)(b) of this section. 1,830
(E) A notification to a consumer reporting agency under 1,832
division (C) or (D) of this section shall include the obligor's 1,833
name, address, and social security number or other identification 1,834
number and any other identifying information concerning the 1,835
obligor that is known by the child support enforcement agency. 1,836
(F) The administrative head of each child support 1,838
enforcement agency, by rule, may prescribe a reasonable fee that 1,839
a consumer reporting agency, except as otherwise provided in this 1,840
division, shall pay upon the making of a request for information 1,841
pursuant to division (A)(1)(a) of this section. The fee 1,842
prescribed under this division shall not exceed the average 1,843
actual cost experienced by the child support enforcement agency 1,844
45
in performing the duties imposed upon it by this section in 1,845
connection with consumer reporting agencies that make requests 1,846
for information pursuant to division (A)(1)(a) of this section. 1,847
A child support enforcement agency may charge the fee only when a 1,848
consumer reporting agency has made a request for information 1,849
pursuant to division (A)(1)(a) of this section, the child support 1,850
enforcement agency is required to provide a notice to the obligor 1,851
pursuant to division (B) of this section, and the notice is not 1,852
incorporated in a notice sent to the obligor pursuant to section 1,853
3113.21, 5101.32, or 5101.321 of the Revised Code. 1,854
(G)(C) As used in this section, "consumer reporting 1,856
agency" has the same meaning as in section 5101.311 of the 1,857
Revised Code.
Sec. 2301.355. A CHILD SUPPORT ENFORCEMENT AGENCY MAY 1,868
ESTABLISH A PROGRAM TO INCREASE CHILD SUPPORT COLLECTIONS BY 1,869
PUBLISHING AND DISTRIBUTING A SERIES OF POSTERS DISPLAYING CHILD 1,870
SUPPORT OBLIGORS WHO ARE DELINQUENT IN THEIR SUPPORT PAYMENTS. 1,871
EACH POSTER SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION ABOUT, 1,872
TEN OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND WHOSE 1,873
WHEREABOUTS ARE UNKNOWN TO THE AGENCY. EACH POSTER SHALL LIST A 1,874
TOLL-FREE TELEPHONE NUMBER THAT MAY BE CALLED TO REPORT 1,875
INFORMATION REGARDING THE WHEREABOUTS OF ANY OF THE OBLIGORS 1,876
DISPLAYED ON THE POSTER. THE AGENCY MAY INCLUDE ANY OTHER 1,877
INFORMATION ON THE POSTER THAT IT CONSIDERS APPROPRIATE. 1,878
THE AGENCY SHALL SELECT OBLIGORS FOR INCLUSION ON A POSTER 1,880
FROM OBLIGORS THAT MEET THE CRITERIA IN DIVISION (B) OF SECTION 1,881
5101.323 OF THE REVISED CODE. THE AGENCY SHALL SEND NOTICE TO 1,883
EACH OBLIGOR WHOSE NAME IS BEING CONSIDERED FOR DISPLAY ON A 1,884
POSTER. THE NOTICE SHALL BE SENT BY REGULAR MAIL TO THE 1,885
OBLIGOR'S LAST KNOWN ADDRESS AND SHALL INCLUDE THE INFORMATION 1,886
SPECIFIED IN DIVISION (A)(3) OF SECTION 5101.323 OF THE REVISED 1,889
CODE.
IF AN AGENCY ESTABLISHES A PROGRAM OF PUBLISHING AND 1,891
DISTRIBUTING POSTERS DISPLAYING DELINQUENT OBLIGORS, THE AGENCY 1,892
46
SHALL PUBLISH AND DISTRIBUTE THE POSTERS NOT LESS THAN TWICE 1,893
ANNUALLY. 1,894
Sec. 2301.357. (A) Each child support enforcement agency 1,903
shall adopt a paternity compliance plan, establish a paternity 1,904
compliance unit, and submit the adopted plan to the division of 1,905
support of the department of human services in accordance with 1,906
the rules adopted pursuant to section 5101.324 of the Revised 1,907
Code, except that, if a child support enforcement agency 1,908
submitted a plan to the department pursuant to division (E)(2) of 1,909
section 2301.35 of the Revised Code and if that plan is currently 1,910
in effect, the agency is not required to comply with this 1,911
division. 1,912
(B) The department of human services shall enter into a 1,914
contract with the department of health that requires the 1,915
department of health to enter into a contract with local 1,916
hospitals for the provision of staff by the hospitals to meet 1,917
with unmarried women who give birth in or en route to the 1,918
particular hospital. The contract between the department of 1,919
human services and the department of health shall provide for 1,920
reimbursement to the hospitals for the administrative cost of 1,921
providing staff to meet the responsibilities set forth in section 1,922
3727.17 of the Revised Code. The contract between the department 1,923
of health and a local hospital shall require all of the 1,924
following: 1,925
(1) That a THE hospital PROVIDE A staff person TO meet 1,928
with each unmarried mother who gave birth in or en route to the 1,929
hospital within twenty-four hours of the birth or before the 1,930
mother is released from the hospital; 1,931
(2) That the staff person attempt to meet with the father 1,933
of the unmarried mother's child if possible; 1,934
(3) That the staff person explain to the unmarried mother 1,936
and the father, if he is present, the benefit to the child of 1,937
establishing a parent and child relationship between the father 1,938
and the child and the various proper procedures for establishing 1,939
47
a parent and child relationship; 1,940
(4) That the staff person present to the unmarried mother 1,942
and, if possible, the father a THE pamphlet or statement 1,943
regarding the rights and responsibilities of a natural parent 1,945
that is prepared and provided by the department of human services 1,946
PURSUANT TO SECTION 5101.324 OF THE REVISED CODE; 1,947
(5) That the staff person provide the mother and, if 1,949
possible, the father, all forms, statements, and agreements 1,950
necessary to voluntarily establish a parent and child 1,951
relationship, including, but not limited to, the acknowledgment 1,952
of paternity AFFIDAVIT PREPARED BY THE DEPARTMENT OF HUMAN 1,953
SERVICES PURSUANT TO SECTION 5101.324 OF THE REVISED CODE AND 1,954
required by section 2105.18 5101.314 of the Revised Code and the 1,956
voluntary agreement to be bound by the results of genetic testing 1,957
described in section 3111.21 of the Revised Code;
(6) That the staff person, at the request of both the 1,959
mother and father, help the mother and father complete any form, 1,960
statement, or agreement necessary to establish a parent and child 1,961
relationship; 1,962
(7) THAT THE HOSPITAL PROVIDE A NOTARY PUBLIC TO NOTARIZE 1,964
AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT SIGNED BY THE MOTHER AND 1,965
FATHER; 1,966
(8) That the staff person present to an unmarried mother 1,968
who is not a recipient of medicaid or aid to dependent children 1,969
an application for Title IV-D services; 1,970
(8)(9) That the staff person forward any completed 1,972
acknowledgment of paternity to the probate court in the county in 1,973
which the child or the guardian or legal custodian of the child 1,974
resides DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN 1,975
SERVICES;
(10) THAT THE DEPARTMENT OF HUMAN SERVICES REIMBURSE THE 1,977
HOSPITAL FOR THE COST OF PROVIDING THE STAFF PERSON DESCRIBED IN 1,978
DIVISION (B)(1) OF THIS SECTION AND THE NOTARY PUBLIC DESCRIBED 1,979
IN DIVISION (B)(7) OF THIS SECTION; 1,980
48
(11) THAT THE DEPARTMENT OF HUMAN SERVICES PAY THE 1,982
HOSPITAL TWENTY DOLLARS FOR EVERY CORRECTLY SIGNED AND NOTARIZED 1,983
ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT FROM THE HOSPITAL. 1,984
Sec. 2301.36. (A) Upon issuing or modifying a support 1,993
order, issuing any withholding or deduction notice described in 1,994
division (D) of section 3113.21 of the Revised Code, or issuing a 1,995
court order described in division (D)(6)(3) or (7)(4) of that 1,997
section, the court shall require that support payments be made to 1,998
the DIVISION OF child support enforcement agency of the county IN 1,999
THE DEPARTMENT OF HUMAN SERVICES as trustee for remittance to the 2,001
person entitled to receive payments, except as otherwise provided 2,002
in DIVISION (I) OF SECTION 2301.35 OR sections 2151.49 and 2,003
3113.07 of the Revised Code. Any payment of money by the person 2,004
responsible for the support payments under a support order to the 2,005
person entitled to receive the support payments that is not made 2,006
to the child support enforcement agency DIVISION in accordance 2,007
with the applicable support order shall not be considered as a 2,009
payment of support and, unless the payment is made to discharge 2,010
an obligation other than support, shall be deemed to be a gift. 2,011
Section 329.043 and division DIVISION (C) of section 3113.211 AND 2,012
SECTION 5101.325 of the Revised Code apply to support payments 2,014
made to the child support enforcement agency DIVISION. 2,015
(B) Upon issuing or modifying WHEN a support order IS 2,017
ISSUED OR MODIFIED, issuing any A withholding or deduction notice 2,019
described in division (D) of section 3113.21 OR DIVISION (B) OF 2,020
SECTION 3111.231 of the Revised Code IS ISSUED, or issuing a 2,021
court AN order described in division (D)(6)(3) or (7)(4) of that 2,024
section 3113.21 OR SECTION 3111.231 OF THE REVISED CODE IS 2,025
ISSUED, or at any time after the issuance or modification of the 2,026
SUPPORT order IS ISSUED OR MODIFIED, the court may order the 2,029
child support enforcement agency DIVISION to, OR THE AGENCY MAY 2,030
ISSUE AN ORDER REQUIRING THE DIVISION TO, transmit the payments 2,032
or make them payable to any third person that is either agreed 2,033
upon by the parties and approved by the court or appointed by the 2,034
49
court, WITH RESPECT TO A COURT-ISSUED SUPPORT ORDER, OR IS EITHER 2,035
AGREED UPON BY THE PARTIES AND APPROVED BY THE AGENCY OR
APPOINTED BY THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE 2,036
SUPPORT ORDER. Third persons include, but are not limited to, a 2,037
trustee, a custodian, the guardian of the estate of the child, 2,038
the county department of human services, county children's 2,039
services board, or any appropriate social agency. 2,040
(C) Any person named pursuant to division (B) of this 2,042
section is entitled to receive the support payments. The court 2,043
may allow the person to receive a reasonable fee for services 2,044
rendered pursuant to this section. The person shall make 2,045
financial reports in connection with these services at the time 2,046
and in the manner prescribed by the court or as required by law. 2,047
(D) The parties affected by the support order shall inform 2,049
the child support enforcement agency of any change of name or 2,050
address or other change of conditions that may affect the 2,051
administration of the order. 2,052
(E) Any person entitled to receive support payments either 2,054
personally or on behalf of another person, by reason of any 2,055
support order that does not direct that payments be made to the 2,056
child support enforcement agency DIVISION, may apply to the 2,057
appropriate agency for the administration of the order. Upon 2,059
receipt of the application, the agency has the same powers to 2,060
administer the order as it would have had if the order had been 2,061
entered under division (A) of this section. The agency shall 2,062
notify the obligor by any method of service authorized under the 2,063
Civil Rules to make all support payments due after service of the 2,064
notice upon him THE OBLIGOR to the agency DIVISION. An obligor 2,066
so notified by a child support enforcement shall make all 2,067
subsequent payments to the agency DIVISION unless the involved 2,068
court, upon the obligor's application filed within thirty days 2,070
after service of the notice upon him THE OBLIGOR, orders the 2,072
CHILD SUPPORT ENFORCEMENT agency not to administer the support 2,073
order.
50
Sec. 2301.37. (A) If the records maintained by a child 2,082
support enforcement agency under section 2301.35 of the Revised 2,083
Code indicate that an obligor is in default, the agency shall 2,084
comply with section 3113.21 of the Revised Code. 2,085
(B) If the court is required to issue a withholding or 2,087
deduction notice under division (D) of section 3113.21 of the 2,088
Revised Code or to issue a court order described in division 2,090
(D)(6)(3) or (7)(4) of that section and fails to do so, if the 2,091
court issued an order under division (B)(1) of section 3113.21 of 2,092
the Revised Code, as it existed immediately preceding December 1, 2,093
1986, or issues a withholding or deduction notice under division 2,094
(D) of section 3113.21 of the Revised Code or issues a court 2,095
order described in division (D)(6)(3) or (7)(4) of that section 2,097
and the court determines that the order, withholding or deduction 2,098
notice will not ensure payment of the support due under the child 2,099
support order, or if the obligor fails after the issuance of a 2,100
notice or court order under section 3113.21 of the Revised Code 2,101
to comply with the notice or court order, the court shall notify 2,102
the child support enforcement agency, and the agency shall notify 2,103
the obligee of the default, of the obligee's rights and remedies, 2,104
and that the child support enforcement agency is the agency 2,105
designated in the county to provide for the enforcement of 2,106
support orders under section 2301.35 of the Revised Code, Title 2,107
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 2,108
301, as amended, and section 5101.31 of the Revised Code. The 2,109
notice shall contain a printed explanation of the provisions of 2,110
sections 2301.37 to 2301.40 and 3113.21 of the Revised Code. 2,111
(C) No child support enforcement agency, solely because 2,113
the support due under a support order has not been paid or has 2,114
not been paid periodically or recently, shall consider, list, or 2,115
otherwise administer the support order or the case pertaining to 2,116
it as if either were closed or close the files or the case 2,117
pertaining to the support order. The department of human 2,118
services shall adopt, revise, or amend rules under Chapter 119. 2,119
51
of the Revised Code to assist in the implementation of this 2,120
division. 2,121
Sec. 2301.373. (A)(1) As used in this section and in 2,130
section SECTIONS 2301.374, 2301.375, AND 2301.43 of the Revised 2,132
Code, "child support order" means any order issued for the 2,134
support of a child pursuant to Chapter 3115. or section 2151.23, 2,135
2151.36, 2151.49, 3105.21, 3109.05, 3111.13, 3111.20, 3111.21,
3111.22, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 2,137
Code.
(2) As used in this section: 2,139
(a) "Board" means any entity that has the authority 2,141
pursuant to Title XLVII of the Revised Code to issue a license, 2,142
and any other agency of this state, other than the supreme court, 2,143
that has the authority to issue a license that authorizes an 2,144
individual to engage in an occupation or, profession, OR 2,146
BUSINESS, OR TO ISSUE A LIQUOR PERMIT. "Board" includes an
administrative officer that has authority to issue a license that 2,147
authorizes an individual to engage in an occupation or, 2,148
profession, OR BUSINESS, OR TO ISSUE A LIQUOR PERMIT. 2,149
(b) "License" includes a license, certificate, permit, 2,151
registration, or other authorization to engage in an occupation 2,152
or, profession, OR BUSINESS, OR A LIQUOR PERMIT ISSUED PURSUANT 2,154
TO CHAPTER 4303. OF THE REVISED CODE.
(c) "OBLIGOR" MEANS AN INDIVIDUAL REQUIRED TO PAY SUPPORT 2,156
UNDER A CHILD SUPPORT ORDER. 2,157
(B)(1) If a court or child support enforcement agency 2,159
makes a final and enforceable determination pursuant to division 2,160
(B) of section 3113.21 of the Revised Code that an individual is 2,161
in default under a child support order, the agency administering 2,163
or handling the child support order may determine whether the 2,164
individual holds a license issued by a board to engage in an 2,165
occupation or profession or, if possible, whether the individual 2,167
has applied for, or is likely to apply for, such a license. If 2,169
the agency determines that the individual is a license holder,
52
has applied for, or is likely to apply for a license, it shall 2,170
send to the individual the notice specified in division (C) of 2,172
this section. The agency also may send a notice to the board 2,173
that gives the name and social security number or other 2,174
identifying number of the individual and states that a court or 2,175
agency has determined the individual to be in default under a 2,176
child support order. 2,177
(2) IF AN OBLIGOR FAILS, AFTER RECEIVING APPROPRIATE 2,180
NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT 2,181
OR A CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A 2,182
PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, THE AGENCY 2,183
ADMINISTERING OR HANDLING THE CHILD SUPPORT ORDER MAY DETERMINE 2,184
WHETHER THE OBLIGOR HOLDS A LICENSE OR, IF POSSIBLE, WHETHER THE 2,186
OBLIGOR HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR, A LICENSE. 2,187
IF THE AGENCY DETERMINES THAT THE OBLIGOR IS A LICENSE HOLDER, 2,188
HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR A LICENSE, IT SHALL 2,189
SEND THE OBLIGOR THE NOTICE SPECIFIED IN DIVISION (C) OF THIS 2,190
SECTION. THE AGENCY MAY ALSO SEND A NOTICE TO THE BOARD THAT 2,191
GIVES THE NAME AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING 2,192
NUMBER OF THE OBLIGOR AND STATES THAT THE OBLIGOR HAS FAILED TO 2,193
COMPLY WITH A WARRANT OR SUBPOENA ISSUED BY A COURT OR CHILD 2,194
SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO 2,195
ENFORCE A CHILD SUPPORT ORDER. 2,196
(C) Notice shall be sent to the individual described in 2,199
division (B) of this section by first class mail. The notice
shall specify that a court or agency has determined the 2,200
individual to be in default under a child support order OR THAT 2,201
THE INDIVIDUAL IS AN OBLIGOR WHO HAS FAILED TO COMPLY WITH A 2,202
SUBPOENA OR WARRANT ISSUED BY A COURT OR AGENCY WITH RESPECT TO A 2,203
PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, that a notice 2,204
containing the individual's name and social security number or 2,206
other identification number may be sent under division (B) of 2,207
this section to every board that has authority to issue or has 2,208
issued the individual a license, and that, if the board receives 2,209
53
that notice and determines that the individual is the individual 2,211
named in that notice and the board has not received notice under 2,212
division (D) of this section, all of the following will occur: 2,213
(1) The board will not issue any license to the individual 2,215
or renew any license of the individual; 2,216
(2) The board will suspend any license of the individual 2,218
if it determines that the individual is the individual named in 2,219
the notice sent to the board under division (B) of this section; 2,221
(3) If the individual is the individual named in the 2,223
notice, the board will not issue any license to the individual, 2,225
and will not reinstate a suspended license, until the board 2,226
receives a notice under division (D) of this section. 2,227
(D)(1) An agency that sent a notice to a board under 2,230
division (B)(1) of this section shall send to each board to which 2,231
it sent the notice a further notice that the individual is not in 2,232
default under a child support order if it determines that the 2,233
individual is not in default or any of the following occurs: 2,234
(1)(a) The individual makes full payment to the agency 2,236
DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES of 2,237
the arrearage that was the basis for the court or agency 2,238
determination that the individual was in default; 2,239
(2)(b) An appropriate withholding or deduction notice or 2,241
other appropriate order has been issued pursuant to section 2,243
3113.21 of the Revised Code to collect current support and any 2,244
arrearage due under the child support order that was in default 2,245
and the individual is complying with the notice or order; 2,246
(3)(c) A new child support order has been issued or the 2,248
child support order that was in default has been modified as 2,250
provided under sections 3113.21 to 3113.219 of the Revised Code 2,251
to collect current support and any arrearage due under the child 2,252
support order that was in default and the individual is complying 2,253
with the new or modified child support order. 2,254
The agency shall send the notice under this division not 2,256
later than seven days after the agency determines the individual 2,257
54
is not in default or that any of the circumstances specified in 2,258
division (D)(1), (2), or (3)(a), (b), OR (c) of this section has 2,260
occurred.
(2) AN AGENCY THAT SENT A NOTICE TO A BOARD UNDER DIVISION 2,263
(B)(2) OF THIS SECTION SHALL SEND TO EACH BOARD TO WHICH IT SENT 2,264
THE NOTICE A FURTHER NOTICE THAT THE OBLIGOR IS NO LONGER OUT OF 2,265
COMPLIANCE IF THE COURT OR AGENCY THAT ISSUED THE WARRANT OR 2,266
SUBPOENA REMOVES THE WARRANT OR DETERMINES THAT THE OBLIGOR HAS 2,267
COMPLIED WITH THE SUBPOENA. 2,268
THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT 2,270
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 2,271
THE CIRCUMSTANCES SPECIFIED IN DIVISION (D)(2) HAS OCCURRED. 2,273
(E)(1) A BOARD SHALL REQUIRE EACH APPLICATION FOR A 2,275
LICENSE, OR RENEWAL OF A LICENSE, ISSUED BY THE BOARD TO INCLUDE 2,276
THE APPLICANT'S SOCIAL SECURITY NUMBER. 2,277
(2) On receipt of a notice pursuant to division (B) of 2,280
this section, a board shall determine whether the individual 2,281
named in the notice holds or has applied for a license from the 2,282
board. If the board determines that the individual holds or has 2,284
applied for a license and the individual is the individual named 2,285
in the notice and does not receive a notice pursuant to division 2,286
(D) of this section, the board may not issue a license to the 2,287
individual, may not renew a license issued to the individual, and 2,288
shall suspend any license issued to the individual.
(2)(3) The board shall maintain a file containing each 2,290
notice it receives pursuant to division (B) of this section that 2,292
names an individual who does not hold a license issued by the 2,293
board. On receipt of an application for a license from such an 2,294
individual, the board shall proceed in accordance with division 2,295
(E)(1)(2) of this section.
(3)(4) Not later than seven days after receipt of a notice 2,297
pursuant to division (D) of this section, the board shall, if the 2,300
individual is otherwise eligible for the license and wants the 2,301
license, issue a license to or renew a license of the individual, 2,302
55
or if the individual's license was suspended pursuant to division 2,303
(E)(1)(2) of this section, end the suspension. The board may 2,305
charge a fee of not more than fifty dollars to issue or renew or 2,306
end the suspension of a license pursuant to this division.
(4)(5) Notwithstanding section 119.06 of the Revised Code, 2,309
the board shall not hold any hearing in connection with an order 2,310
refusing to issue or renew a license for, or suspending a license 2,311
of, an individual pursuant to this section. 2,312
(F) The department of human services may adopt rules in 2,314
accordance with Chapter 119. of the Revised Code to implement 2,315
this section.
Sec. 2301.374. (A) The director of human services shall 2,324
specify a date for the purposes of this section AND SECTION 2,325
2301.375 OF THE REVISED CODE, which shall be the later of the 2,326
date the support enforcement tracking system is expected to be 2,327
operational in all the counties of the state, or the date that is 2,328
six months after the effective date of this section NOVEMBER 15, 2,329
1997.
(B)(1)(a) If a court or child support enforcement agency 2,332
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code prior to the date 2,333
specified under division (A) of this section that an individual 2,334
is in default under a child support order, the agency 2,335
administering or handling the child support order may determine 2,337
whether the individual holds a commercial driver's license or 2,338
commercial driver's temporary instruction permit issued by the 2,339
registrar of motor vehicles or a deputy registrar or, if 2,340
possible, whether the individual has applied, or is likely to 2,341
apply, for such a license or permit. If the agency determines 2,342
that the individual holds, has applied for, or is likely to apply 2,343
for, such a license or permit, it shall send the individual the 2,344
notice specified in division (B)(2) of this section. The agency 2,345
also may send a notice to the registrar of motor vehicles that 2,346
gives the name and social security number or other identifying 2,347
56
number of the individual and states that a court or agency has 2,348
determined the individual to be in default under a child support 2,349
order.
(b) IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD 2,352
SUPPORT ORDER PRIOR TO THE DATE SPECIFIED IN DIVISION (A) OF THIS 2,353
SECTION FAILS, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY WITH 2,354
A SUBPOENA OR WARRANT ISSUED BY THE COURT OR A CHILD SUPPORT 2,355
ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A 2,356
CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE CHILD SUPPORT 2,357
ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A COMMERCIAL 2,358
DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION 2,359
PERMIT ISSUED BY THE REGISTRAR OF MOTOR VEHICLES OR A DEPUTY 2,360
REGISTRAR OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED, OR 2,361
IS LIKELY TO APPLY, FOR SUCH A LICENSE OR PERMIT. IF THE AGENCY 2,362
DETERMINES THAT THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS 2,363
LIKELY TO APPLY FOR, SUCH A LICENSE OR PERMIT, IT SHALL SEND THE 2,364
INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (B)(2) OF THIS 2,366
SECTION. THE AGENCY MAY ALSO SEND A NOTICE TO THE REGISTRAR OF 2,367
MOTOR VEHICLES THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR 2,368
OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE 2,369
INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED 2,370
BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A 2,371
PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER. 2,372
(2) Notice shall be sent to the individual described in 2,375
division (B)(1) of this section by first class mail. The notice 2,376
shall specify that a court or agency has determined the 2,377
individual to be in default under a child support order OR THAT 2,378
THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS 2,379
FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR 2,380
AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT 2,381
ORDER, that a notice containing the individual's name and social 2,382
security number or other identification number may be sent under 2,383
division (B)(1) of this section to the registrar, and that, if 2,385
the registrar receives that notice and determines that the
57
individual is the individual named in that notice and the 2,386
registrar has not received notice under division (B)(3) of this 2,388
section, all of the following will occur:
(a) The registrar and all deputy registrars will be 2,391
prohibited from issuing to, or renewing for, the individual a 2,392
commercial driver's license or commercial driver's temporary
instruction permit; 2,393
(b) If the individual holds a commercial driver's license 2,395
or commercial driver's temporary instruction permit, the 2,396
registrar will impose a disqualification as defined in section 2,397
4506.01 of the Revised Code with respect to the license or permit 2,399
if the registrar determines that the individual is the individual 2,400
named in the notice sent pursuant to division (B)(1) of this 2,401
section;
(c) If the individual is the individual named in the 2,403
notice, the individual will not be issued, and the 2,404
disqualification will not be removed with respect to, any license 2,405
or permit listed in division (B)(2) of this section until the 2,406
registrar receives a notice under division (B)(3) of this 2,407
section. 2,408
(3)(a) An agency that sent a notice under division 2,411
(B)(1)(a) of this section shall send to the registrar a notice 2,413
that the individual is not in default under a child support order 2,414
if it determines that the individual is not in default or any of 2,415
the following occurs:
(a)(i) The individual makes full payment to the agency 2,417
DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES of 2,418
the arrearage that was the basis for the court or agency 2,420
determination that the individual was in default; 2,421
(b)(ii) An appropriate withholding or deduction notice or 2,423
other appropriate order has been issued pursuant to section 2,426
3113.21 of the Revised Code to collect current support and any 2,427
arrearage due under the child support order that was in default 2,428
and the individual is complying with the notice or order; 2,429
58
(c)(iii) A new child support order has been issued or the 2,431
child support order that was in default has been modified as 2,433
provided under sections 3113.21 to 3113.219 of the Revised Code 2,434
to collect current support and any arrearage due under the child 2,435
support order that was in default and the individual is complying 2,436
with the new or modified child support order. 2,437
The agency shall send the notice under this division not 2,439
later than seven days after it determines the individual is not 2,441
in default or that any of the circumstances specified in division 2,442
(B)(3)(a) of this section has occurred. 2,445
(b) AN AGENCY THAT SENT A NOTICE UNDER DIVISION (B)(1)(b) 2,448
OF THIS SECTION SHALL SEND TO THE REGISTRAR A NOTICE THAT THE 2,450
INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY 2,451
THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR 2,452
DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA. 2,453
THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT 2,455
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 2,457
THE CIRCUMSTANCES SPECIFIED IN DIVISION (B)(3)(b) HAS OCCURRED. 2,459
(4)(a) On receipt of a notice pursuant to division (B)(1) 2,462
of this section, the registrar shall determine whether the 2,463
individual named in the notice holds or has applied for a 2,464
commercial driver's license or commercial driver's temporary 2,465
instruction permit. If the registrar determines that the 2,466
individual holds or has applied for a license or permit and the 2,467
individual is the individual named in the notice and does not 2,468
receive a notice pursuant to division (B)(3) of this section, the 2,469
registrar immediately shall provide notice of the determination 2,471
to each deputy registrar. The registrar or a deputy registrar 2,472
may not issue to the individual and may not renew for the
individual a commercial driver's license or commercial driver's 2,473
temporary instruction permit and the registrar shall impose a 2,474
disqualification on the individual with respect to the license or 2,476
permit held by the individual.
(b) The registrar shall maintain a list of names of 2,478
59
individuals identified in notices sent to the registrar pursuant 2,480
to division (B)(1) of this section that do not hold a commercial 2,481
driver's license or commercial driver's temporary instruction 2,482
permit. The registrar shall update the list quarterly and 2,483
provide each deputy registrar with a copy. On receipt of an
application for such a license or permit from an individual who 2,484
appears on the list, a deputy registrar shall notify the 2,485
registrar. On receipt of an application for such a license or 2,486
permit from such an individual or on receipt of a notice from a 2,487
deputy registrar pursuant to division (B)(4)(b) of this section, 2,488
the registrar shall proceed in accordance with division (B)(4)(a) 2,490
of this section. 2,491
(c) Not later than seven days after receipt of a notice 2,493
pursuant to division (B)(3) of this section, the registrar shall 2,496
notify each deputy registrar of the notice. The registrar and 2,498
each deputy registrar shall then, if the individual otherwise is
eligible for the license or permit and wants the license or 2,499
permit, issue a license or permit to, or renew a license or 2,501
permit of, the individual, or, if a disqualification was imposed 2,502
on the individual with respect to the individual's license or 2,503
permit pursuant to division (B)(4)(a) of this section, remove the 2,505
disqualification. The registrar or a deputy registrar may charge 2,506
a fee of not more than twenty-five dollars for issuing or 2,507
renewing a license or permit for an individual or removing the 2,508
disqualification imposed on the individual's license or permit 2,509
pursuant to this division.
(d) Notwithstanding section 119.06 of the Revised Code, 2,512
the registrar shall not hold any hearing in connection with an 2,513
order refusing to issue or renew a license or permit for, or 2,514
imposing a disqualification with respect to a license or permit 2,515
of, an individual pursuant to this section.
(C)(1)(a) If a court or child support enforcement agency 2,518
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code on or after the date 2,519
60
specified under division (A) of this section that an individual 2,521
is in default under a child support order, the agency 2,522
administering or handling the child support order may determine 2,524
whether the individual holds a driver's or commercial driver's 2,525
license, motorcycle operator's license or endorsement, temporary 2,526
instruction permit, or commercial driver's temporary instruction 2,527
permit issued by the registrar of motor vehicles or a deputy 2,528
registrar or, if possible, whether the individual has applied, or 2,529
is likely to apply, for such a license, endorsement, or permit. 2,530
If the agency determines that the individual holds, has applied 2,531
for, or is likely to apply for, such a license, endorsement, or 2,532
permit, it shall send to the individual the notice specified in 2,533
division (C)(2) of this section. The agency also may send a 2,534
notice to the registrar of motor vehicles that gives the name and 2,535
social security number or other identifying number of the
individual and states that a court or agency has determined the 2,536
individual to be in default under a child support order. 2,538
(b) IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD 2,541
SUPPORT ORDER ON OR AFTER THE DATE SPECIFIED IN DIVISION (A) OF 2,542
THIS SECTION FAILS, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY 2,543
WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT OR A CHILD SUPPORT 2,544
ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A 2,545
CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE CHILD SUPPORT
ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A DRIVER'S OR 2,547
COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR 2,548
ENDORSEMENT, TEMPORARY INSTRUCTION PERMIT, OR COMMERCIAL DRIVER'S 2,549
TEMPORARY INSTRUCTION PERMIT ISSUED BY THE REGISTRAR OF MOTOR 2,550
VEHICLES OR A DEPUTY REGISTRAR OR, IF POSSIBLE, WHETHER THE 2,551
INDIVIDUAL HAS APPLIED, OR IS LIKELY TO APPLY, FOR SUCH A 2,552
LICENSE, ENDORSEMENT, OR PERMIT. IF THE AGENCY DETERMINES THAT 2,553
THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR, 2,554
SUCH A LICENSE, ENDORSEMENT, OR PERMIT, IT SHALL SEND THE 2,555
INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (C)(2) OF THIS 2,557
SECTION. THE AGENCY MAY ALSO SEND A NOTICE TO THE REGISTRAR OF 2,558
61
MOTOR VEHICLES THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR 2,559
OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE 2,560
INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED 2,561
BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A 2,562
PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER. 2,563
(2) Notice shall be sent to the individual described in 2,566
division (C)(1) of this section by first class mail. The notice 2,567
shall specify that a court or agency has determined the 2,568
individual to be in default under a child support order OR THAT 2,569
THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS 2,571
FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR 2,572
AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT 2,573
ORDER, that a notice containing the individual's name and social 2,574
security number or other identification number may be sent under 2,575
division (C)(1) of this section to the registrar, and that, if 2,577
the registrar receives that notice and determines that the
individual is the individual named in that notice and the 2,578
registrar has not received notice under division (C)(3) of this 2,580
section, all of the following will occur: 2,581
(a) The registrar and all deputy registrars will be 2,583
prohibited from issuing to the individual a driver's or 2,585
commercial driver's license, motorcycle operator's license or 2,587
endorsement, or temporary instruction permit or commercial 2,588
driver's temporary instruction permit;
(b) The registrar and all deputy registrars will be 2,590
prohibited from renewing for the individual a driver's or 2,592
commercial driver's license, motorcycle operator's license or 2,593
endorsement, or commercial driver's temporary instruction permit; 2,594
(c) If the individual holds a driver's or commercial 2,596
driver's license, motorcycle operator's license or endorsement, 2,597
or temporary instruction permit or commercial driver's temporary 2,598
instruction permit, it will be suspended if the registrar 2,599
determines that the individual is the individual named in the 2,600
notice sent pursuant to division (C)(1) of this section; 2,601
62
(d) If the individual is the individual named in the 2,603
notice the individual will not be issued or have renewed any 2,604
license, endorsement, or permit, and no suspension will be lifted 2,605
with respect to any license, endorsement, or permit listed in 2,606
division (C)(2) of this section until the registrar receives a 2,608
notice under division (C)(3) of this section.
(3)(a) An agency that sent a notice under division 2,611
(C)(1)(a) of this section shall send to the registrar a notice 2,613
that the individual is not in default under a child support order 2,614
if it determines that the individual is not in default or any of 2,615
the following occurs:
(a)(i) The individual makes full payment to the agency 2,617
DIVISION OF CHILD SUPPORT of the arrearage that was the basis for 2,620
the court or agency determination that the individual was in 2,621
default;
(b)(ii) An appropriate withholding or deduction notice or 2,623
other appropriate order has been issued pursuant to section 2,626
3113.21 of the revised code to collect current support and any 2,627
arrearage due under the child support order that was in default 2,628
and the individual is complying with the notice or order; 2,629
(c)(iii) A new child support order has been issued or the 2,631
child support order that was in default has been modified as 2,634
provided under sections 3113.21 to 3113.219 of the Revised Code 2,635
to collect current support and any arrearage due under the child 2,636
support order that was in default and the individual is complying 2,637
with the new or modified child support order. 2,638
The agency shall send the notice under this division not 2,640
later than seven days after it determines the individual is not 2,642
in default or that any of the circumstances specified in division 2,643
(C)(3)(a) of this section has occurred.
(b) AN AGENCY THAT SENT A NOTICE UNDER DIVISION (C)(1)(b) 2,646
OF THIS SECTION SHALL SEND TO THE REGISTRAR A NOTICE THAT THE 2,648
INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY 2,649
THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR 2,650
63
DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA. 2,651
THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT 2,653
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 2,655
THE CIRCUMSTANCES SPECIFIED IN DIVISION (C)(3)(b) HAS OCCURRED. 2,657
(4)(a) On receipt of a notice pursuant to division (C)(1) 2,660
of this section, the registrar shall determine whether the 2,661
individual named in the notice holds or has applied for a 2,662
driver's license or commercial driver's license, motorcycle 2,663
operator's license or endorsement, or temporary instruction 2,664
permit or commercial driver's temporary instruction permit. If 2,665
the registrar determines that the individual holds or has applied
for a license, permit, or endorsement and the individual is the 2,667
individual named in the notice and does not receive a notice 2,668
pursuant to division (C)(3) of this section, the registrar 2,669
immediately shall provide notice of the determination to each 2,671
deputy registrar. The registrar or a deputy registrar may not 2,672
issue to the individual a driver's or commercial driver's
license, motorcycle operator's license or endorsement, or 2,673
temporary instruction permit or commercial driver's temporary 2,674
instruction permit and may not renew for the individual a 2,676
driver's or commercial driver's license, motorcycle operator's
license or endorsement, or commercial driver's temporary 2,677
instruction permit. The registrar or a deputy registrar also 2,678
shall suspend a license, permit, or endorsement held by the 2,679
individual.
(b) The registrar shall maintain a list of names of 2,681
individuals identified in notices sent to the registrar pursuant 2,683
to division (C)(1) of this section that do not hold a driver's or 2,684
commercial driver's license, motorcycle operator's license or 2,685
endorsement, or temporary instruction permit or commercial 2,686
driver's temporary instruction permit. The registrar shall 2,687
update the list quarterly and provide each deputy registrar with 2,688
a copy. On receipt of an application for such a license, permit, 2,689
or endorsement from an individual who appears on the list, a 2,690
64
deputy registrar shall notify the registrar. On receipt of an 2,691
application for such a license, permit, or endorsement from such 2,692
an individual or on receipt of a notice from a deputy registrar 2,694
pursuant to division (C)(4)(b) of this section, the registrar 2,696
shall proceed in accordance with division (C)(4)(a) of this 2,698
section.
(c) Not later than seven days after receipt of a notice 2,700
pursuant to division (C)(3) of this section, the registrar shall 2,703
notify each deputy registrar of the notice. The registrar and 2,704
each deputy registrar shall then, if the individual otherwise is
eligible for the license, permit, or endorsement and wants the 2,705
license, permit, or endorsement, issue a license, permit, or 2,706
endorsement to, or renew a license, permit, or endorsement of, 2,708
the individual, or, if the individual's license, permit, or 2,710
endorsement was suspended pursuant to division (C)(4)(a) of this 2,711
section, remove the suspension. The registrar or a deputy 2,713
registrar may charge a fee of not more than twenty-five dollars 2,714
for issuing or renewing or removing the suspension of a license 2,715
pursuant to this division.
(d) Notwithstanding section 119.06 of the Revised Code, 2,717
the registrar shall not hold any hearing in connection with an 2,719
order refusing to issue or renew a license, permit, or 2,720
endorsement for, or suspending a license, permit, or endorsement 2,721
of, an individual pursuant to this section.
(D) The department of human services may adopt rules in 2,724
accordance with Chapter 119. of the Revised Code to implement 2,725
this section.
Sec. 2301.375. (A) AS USED IN THIS SECTION, "RECREATIONAL 2,728
LICENSE" MEANS ANY LICENSE, PERMIT, OR STAMP ISSUED PURSUANT TO
SECTION 1533.10, 1533.11, 1533.111, 1533.112, OR 1533.32 OF THE 2,730
REVISED CODE.
(B)(1) IF A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY 2,733
MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO DIVISION 2,734
(B) OF SECTION 3113.21 OF THE REVISED CODE ON OR AFTER THE DATE 2,737
65
SPECIFIED IN DIVISION (A) OF SECTION 2301.374 OF THE REVISED CODE 2,738
THAT AN INDIVIDUAL IS IN DEFAULT UNDER A CHILD SUPPORT ORDER, THE 2,739
AGENCY ADMINISTERING THE CHILD SUPPORT ORDER MAY DETERMINE 2,740
WHETHER THE INDIVIDUAL HOLDS A RECREATIONAL LICENSE OR, IF 2,741
POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED FOR, OR IS LIKELY TO 2,742
APPLY FOR, SUCH A LICENSE. IF THE AGENCY DETERMINES THAT THE 2,743
INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR, 2,744
SUCH A LICENSE, IT SHALL SEND THE INDIVIDUAL THE NOTICE SPECIFIED 2,745
IN DIVISION (C) OF THIS SECTION. THE AGENCY MAY ALSO SEND NOTICE 2,747
TO THE DIVISION OF WILDLIFE THAT GIVES THE NAME AND SOCIAL 2,748
SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND 2,749
STATES THAT A COURT OR AGENCY HAS DETERMINED THE INDIVIDUAL TO BE 2,750
IN DEFAULT UNDER A CHILD SUPPORT ORDER. 2,751
(2) IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD 2,754
SUPPORT ORDER ON OR AFTER THE DATE SPECIFIED IN DIVISION (A) OF 2,755
SECTION 2301.374 OF THE REVISED CODE FAILS, AFTER RECEIVING 2,756
APPROPRIATE NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED 2,757
BY THE COURT OR A CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT 2,758
TO A PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, THE AGENCY 2,759
ADMINISTERING THE CHILD SUPPORT ORDER MAY DETERMINE WHETHER THE 2,760
INDIVIDUAL HOLDS A RECREATIONAL LICENSE OR, IF POSSIBLE, WHETHER 2,761
THE INDIVIDUAL HAS APPLIED, OR IS LIKELY TO APPLY, FOR SUCH A 2,762
LICENSE. IF THE AGENCY DETERMINES THAT THE INDIVIDUAL HOLDS, HAS 2,763
APPLIED FOR, OR IS LIKELY TO APPLY FOR, SUCH A LICENSE, IT SHALL 2,764
SEND THE INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (C) OF THIS 2,766
SECTION. THE AGENCY MAY ALSO SEND A NOTICE TO THE DIVISION OF 2,767
WILDLIFE THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR OTHER 2,768
IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE 2,769
INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED 2,771
BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A 2,772
PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER. 2,773
(C) NOTICE SHALL BE SENT TO THE INDIVIDUAL DESCRIBED IN 2,776
DIVISION (B) OF THIS SECTION BY FIRST CLASS MAIL. THE NOTICE 2,778
SHALL SPECIFY THAT A COURT OR AGENCY HAS DETERMINED THE 2,779
66
INDIVIDUAL TO BE IN DEFAULT UNDER A CHILD SUPPORT ORDER OR THAT 2,780
THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER AND HAS 2,781
FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR 2,782
AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT 2,783
ORDER, THAT A NOTICE CONTAINING THE INDIVIDUAL'S NAME AND SOCIAL 2,784
SECURITY NUMBER OR OTHER IDENTIFICATION NUMBER MAY BE SENT UNDER 2,786
DIVISION (B) OF THIS SECTION TO THE DIVISION OF WILDLIFE, AND 2,787
THAT, IF THE DIVISION OF WILDLIFE RECEIVES THAT NOTICE AND 2,788
DETERMINES THAT THE INDIVIDUAL IS THE INDIVIDUAL NAMED IN THAT 2,789
NOTICE AND THE DIVISION OF WILDLIFE HAS NOT RECEIVED NOTICE UNDER 2,790
DIVISION (D) OF THIS SECTION, ALL OF THE FOLLOWING WILL OCCUR: 2,792
(1) NO RECREATIONAL LICENSE MAY BE ISSUED TO THE 2,794
INDIVIDUAL, UNTIL THE DIVISION OF WILDLIFE RECEIVES A NOTICE 2,795
UNDER DIVISION (D) OF THIS SECTION; 2,797
(2) THE DIVISION OF WILDLIFE WILL SUSPEND ANY RECREATIONAL 2,800
LICENSE HELD BY THE INDIVIDUAL, UNTIL THE DIVISION RECEIVES A 2,801
NOTICE UNDER DIVISION (E) OF THIS SECTION. 2,802
(D)(1) AN AGENCY THAT SENT A NOTICE TO THE DIVISION OF 2,805
WILDLIFE UNDER DIVISION (B)(1) OF THIS SECTION SHALL SEND THE 2,807
DIVISION A NOTICE THAT THE INDIVIDUAL IS NOT IN DEFAULT UNDER A 2,808
CHILD SUPPORT ORDER IF IT DETERMINES THAT THE INDIVIDUAL IS NOT 2,809
IN DEFAULT OR ANY OF THE FOLLOWING OCCURS: 2,810
(a) THE INDIVIDUAL MAKES FULL PAYMENT TO THE AGENCY OF THE 2,813
ARREARAGE THAT WAS THE BASIS FOR THE COURT OR AGENCY 2,814
DETERMINATION THAT THE INDIVIDUAL WAS IN DEFAULT;
(b) AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR 2,817
OTHER APPROPRIATE ORDER HAS BEEN ISSUED PURSUANT TO SECTION
3113.21 OF THE REVISED CODE TO COLLECT CURRENT SUPPORT AND ANY 2,820
ARREARAGE DUE UNDER THE CHILD SUPPORT ORDER THAT WAS IN DEFAULT 2,821
AND THE INDIVIDUAL IS COMPLYING WITH THE NOTICE OR ORDER; 2,822
(c) A NEW CHILD SUPPORT ORDER HAS BEEN ISSUED OR THE CHILD 2,825
SUPPORT ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED AS PROVIDED 2,826
UNDER SECTIONS 3113.21 TO 3113.219 OF THE REVISED CODE TO COLLECT 2,828
CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD SUPPORT 2,829
67
ORDER THAT WAS IN DEFAULT AND THE INDIVIDUAL IS COMPLYING WITH 2,830
THE NEW OR MODIFIED CHILD SUPPORT ORDER. 2,831
THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT 2,833
LATER THAN SEVEN DAYS AFTER IT DETERMINES THE INDIVIDUAL IS NOT 2,834
IN DEFAULT OR THAT ANY CIRCUMSTANCE SPECIFIED IN DIVISION (D)(1) 2,836
OF THIS SECTION HAS OCCURRED. 2,837
(2) AN AGENCY THAT SENT A NOTICE UNDER DIVISION (B)(2) OF 2,840
THIS SECTION SHALL SEND TO THE DIVISION OF WILDLIFE A NOTICE THAT 2,841
THE INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR 2,842
AGENCY THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR 2,843
DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA. 2,844
THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT 2,846
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 2,847
THE CIRCUMSTANCES SPECIFIED IN DIVISION (D)(2) HAS OCCURRED. 2,849
(E)(1) ON RECEIPT OF A NOTICE PURSUANT TO DIVISION (B) OF 2,853
THIS SECTION, THE DIVISION OF WILDLIFE SHALL DETERMINE WHETHER 2,854
THE INDIVIDUAL NAMED IN THE NOTICE HOLDS OR HAS APPLIED FOR A 2,855
RECREATIONAL LICENSE. IF THE DIVISION DETERMINES THAT THE 2,856
INDIVIDUAL HOLDS OR HAS APPLIED FOR A LICENSE AND THE INDIVIDUAL 2,857
IS THE INDIVIDUAL NAMED IN THE NOTICE AND DOES NOT RECEIVE A 2,858
NOTICE PURSUANT TO DIVISION (D) OF THIS SECTION, NO LICENSE MAY 2,860
BE ISSUED TO THE INDIVIDUAL, AND THE DIVISION SHALL SUSPEND ANY 2,861
LICENSE ISSUED TO THE INDIVIDUAL.
(2) THE DIVISION SHALL MAINTAIN A LIST OF NAMES OF 2,863
INDIVIDUALS IDENTIFIED IN NOTICES SENT TO THE DIVISION PURSUANT 2,864
TO DIVISION (B) OF THIS SECTION THAT DO NOT HOLD A RECREATIONAL 2,866
LICENSE. THE DIVISION SHALL UPDATE THE LIST QUARTERLY AND 2,867
PROVIDE A COPY OF THE LIST TO EACH PERSON AUTHORIZED TO ISSUE 2,868
RECREATIONAL LICENSES PURSUANT TO SECTION 1533.13 OF THE REVISED 2,869
CODE. ON RECEIPT OF AN APPLICATION FOR SUCH A LICENSE FROM AN 2,871
INDIVIDUAL WHO APPEARS ON THE LIST, A PERSON AUTHORIZED TO ISSUE 2,872
RECREATIONAL LICENSES SHALL NOTIFY THE DIVISION. ON RECEIPT OF 2,873
AN APPLICATION FOR SUCH A LICENSE FROM SUCH AN INDIVIDUAL OR ON 2,874
RECEIPT OF NOTICE FROM A PERSON AUTHORIZED TO ISSUE RECREATIONAL 2,875
68
LICENSES, THE DIVISION SHALL PROCEED IN ACCORDANCE WITH DIVISION 2,877
(E)(1) OF THIS SECTION. 2,878
(3) NOT LATER THAN SEVEN DAYS AFTER RECEIPT OF A NOTICE 2,880
PURSUANT TO DIVISION (D) OF THIS SECTION, THE DIVISION SHALL 2,882
NOTIFY EACH PERSON AUTHORIZED TO ISSUE A RECREATIONAL LICENSE OF 2,883
THE NOTICE. EACH PERSON AUTHORIZED TO ISSUE A RECREATIONAL 2,884
LICENSE SHALL THEN, IF THE INDIVIDUAL IS OTHERWISE ELIGIBLE FOR 2,885
THE LICENSE AND WANTS THE LICENSE, ISSUE A LICENSE TO THE 2,886
INDIVIDUAL, OR, IF THE INDIVIDUAL'S LICENSE WAS SUSPENDED 2,887
PURSUANT TO DIVISION (E)(1) OF THIS SECTION, END THE SUSPENSION. 2,889
THE DIVISION MAY CHARGE A FEE OF NOT MORE THAN TWENTY-FIVE 2,890
DOLLARS FOR ISSUING A LICENSE FOR AN INDIVIDUAL OR REMOVING A 2,891
SUSPENSION IMPOSED ON THE INDIVIDUAL'S LICENSE. 2,892
(4) NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE, 2,896
THE DIVISION SHALL NOT HOLD ANY HEARING IN CONNECTION WITH AN 2,897
ORDER REFUSING TO ISSUE A LICENSE FOR, OR SUSPENDING A LICENSE 2,898
OF, AN INDIVIDUAL PURSUANT TO THIS SECTION. 2,899
(F) THE DEPARTMENT OF HUMAN SERVICES MAY ADOPT RULES IN 2,902
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT 2,905
THIS SECTION. 2,906
Sec. 2301.381. (A) IF A COURT OR A CHILD SUPPORT 2,908
ENFORCEMENT AGENCY KNOWS THAT AN OBLIGOR HAS TRANSFERRED PROPERTY 2,910
OR INCURRED AN OBLIGATION THAT MAY BE IN VIOLATION OF CHAPTER 2,911
1336. OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY 2,913
ADMINISTERING THE CHILD SUPPORT ORDER SHALL DETERMINE WHETHER THE 2,915
OBLIGEE HAS MADE AN ASSIGNMENT OF SUPPORT DUE UNDER THE CHILD 2,916
SUPPORT ORDER PURSUANT TO SECTION 5107.07 OF THE REVISED CODE. 2,918
IF AN ASSIGNMENT HAS BEEN MADE OR CONSENT HAS BEEN GIVEN BY THE 2,920
OBLIGEE PURSUANT TO DIVISION (B) OF THIS SECTION, THE AGENCY 2,921
SHALL DO ONE OF THE FOLLOWING: 2,922
(1) INSTITUTE AN ACTION UNDER CHAPTER 1336. OF THE REVISED 2,926
CODE TO VOID THE TRANSFER OR OBLIGATION TO THE EXTENT NECESSARY 2,928
TO SATISFY THE CHILD SUPPORT OBLIGATION; 2,929
(2) OBTAIN A SETTLEMENT WITH THE OBLIGOR IN THE BEST 2,932
69
INTERESTS OF THE CHILD SUBJECT TO THE ORDER.
(B) IF IT DETERMINES THAT AN ASSIGNMENT HAS NOT BEEN MADE, 2,934
THE AGENCY SHALL NOTIFY THE OBLIGEE THAT THE OBLIGOR HAS 2,935
TRANSFERRED PROPERTY OR INCURRED AN OBLIGATION THAT MAY BE IN 2,936
VIOLATION OF CHAPTER 1336. OF THE REVISED CODE AND THAT THE 2,937
OBLIGEE MAY CONSENT TO THE AGENCY TAKING THE ACTION DESCRIBED IN 2,938
DIVISION (A) OF THIS SECTION. THE OBLIGEE MAY CONSENT BY 2,940
REQUESTING, IN WRITING, THAT THE AGENCY TAKE THE ACTION. 2,941
Sec. 2301.43. (A) IF A COURT OR A CHILD SUPPORT 2,944
ENFORCEMENT AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION 2,945
PURSUANT TO DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE 2,948
THAT AN OBLIGOR IS IN DEFAULT UNDER A CHILD SUPPORT ORDER, THE 2,949
AGENCY ADMINISTERING THE CHILD SUPPORT ORDER SHALL DETERMINE 2,951
WHETHER THE OBLIGEE HAS MADE AN ASSIGNMENT OF SUPPORT DUE UNDER 2,952
THE CHILD SUPPORT ORDER PURSUANT TO SECTION 5107.07 OF THE
REVISED CODE. IF AN ASSIGNMENT HAS BEEN MADE OR CONSENT HAS BEEN 2,955
GIVEN BY THE OBLIGEE PURSUANT TO DIVISION (A)(2) OF THIS SECTION, 2,956
THE AGENCY MAY ASSERT A LIEN ON REAL AND PERSONAL PROPERTY OF THE 2,958
OBLIGOR LOCATED IN THE STATE.
(2) IF THE AGENCY DETERMINES THAT AN ASSIGNMENT HAS NOT 2,960
BEEN MADE, THE AGENCY SHALL NOTIFY THE OBLIGEE THAT THE OBLIGOR 2,961
HAS BEEN DETERMINED TO BE IN DEFAULT AND THAT THE OBLIGEE MAY 2,962
CONSENT TO THE FILING OF A LIEN AS DESCRIBED IN THIS SECTION. 2,963
THE OBLIGEE MAY CONSENT TO THE FILING OF THE LIEN BY REQUESTING, 2,965
IN WRITING, THAT THE AGENCY ASSERT A LIEN.
(B) THE AMOUNT OF THE ARREARAGE DUE UNDER THE SUPPORT 2,968
ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO DIVISION (B) OF 2,970
SECTION 3113.21 OF THE REVISED CODE AND ANY AMOUNTS DUE FOR 2,972
CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER THE DATE THE 2,973
DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN AGAINST ALL REAL 2,974
OR PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE 2,975
OBLIGOR THAT IS SITUATED IN THIS STATE. THE LIEN MAY BE FILED 2,976
WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH THE 2,978
REAL OR PERSONAL PROPERTY IS LOCATED. IN RECORDING THE LIEN, IF 2,979
70
REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL TAKE ALL 2,980
NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE REVISED CODE. 2,981
(C) THE LIEN FILED WITH THE COUNTY RECORDER SHALL BE 2,984
EFFECTIVE UNTIL THE COUNTY RECORDER DISCHARGES THE LIEN. THE 2,985
COUNTY RECORDER SHALL DISCHARGE THE LIEN WITHIN FIVE DAYS AFTER 2,986
THE DEPARTMENT FILES A NOTICE PURSUANT TO DIVISION (D) OF THIS 2,987
SECTION REQUESTING THAT THE LIEN BE DISCHARGED. 2,988
(D) THE AGENCY SHALL FILE A NOTICE REQUESTING THAT THE 2,991
COUNTY RECORDER DISCHARGE THE LIEN IF ONE OF THE FOLLOWING 2,992
APPLIES:
(1) THE LIEN IS SATISFIED THROUGH AN ACTION FOR SEIZURE 2,994
AND SALE PURSUANT TO SECTION 2301.45 OF THE REVISED CODE; 2,996
(2) THE OBLIGOR MAKES FULL PAYMENT OF THE ARREARAGE TO THE 2,998
DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES 2,999
THAT IS THE BASIS OF THE LIEN; 3,000
(3) AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR 3,002
OTHER APPROPRIATE ORDER HAS BEEN ISSUED PURSUANT TO SECTION 3,003
3113.21 OF THE REVISED CODE TO COLLECT CURRENT SUPPORT AND ANY 3,006
ARREARAGE DUE UNDER THE CHILD SUPPORT ORDER THAT WAS IN DEFAULT 3,007
AND THE OBLIGOR IS COMPLYING WITH THE NOTICE OR ORDER; 3,008
(4) A NEW CHILD SUPPORT ORDER HAS BEEN ISSUED OR THE CHILD 3,011
SUPPORT ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED AS PROVIDED 3,012
UNDER SECTIONS 3113.21 TO 3113.219 OF THE REVISED CODE TO COLLECT 3,014
CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE CHILD SUPPORT 3,015
ORDER THAT WAS IN DEFAULT AND THE INDIVIDUAL IS COMPLYING WITH 3,016
THE NEW OR MODIFIED CHILD SUPPORT ORDER; 3,017
(5) THE AGENCY RELEASES THE LIEN PURSUANT TO SECTION 3,019
2301.46 OF THE REVISED CODE. 3,020
(E) A LIEN IMPOSED PURSUANT TO THIS SECTION SHALL HAVE 3,023
PRIORITY OVER LIENS, MORTGAGES, SECURITY INTERESTS, OR OTHER 3,024
TYPES OF ENCUMBRANCES THAT ARE ASSOCIATED WITH THE REAL AND 3,025
PERSONAL PROPERTY SUBJECT TO THE LIEN IMPOSED BY THIS SECTION AND 3,026
THAT ARISE AFTER THE DATE THE LIEN IS FILED PURSUANT TO THIS 3,027
SECTION. A LIEN IMPOSED PURSUANT TO THIS SECTION SHALL NOT HAVE 3,028
71
PRIORITY OVER LIENS, MORTGAGES, SECURITY INTERESTS, OR OTHER 3,029
TYPES OF ENCUMBRANCES ASSOCIATED WITH THE REAL AND PERSONAL 3,030
PROPERTY SUBJECT TO THE LIEN IMPOSED BY THIS SECTION THAT AROSE
ON OR BEFORE THE DATE THE LIEN WAS FILED PURSUANT TO THIS 3,031
SECTION.
Sec. 2301.44. (A) A CHILD SUPPORT ENFORCEMENT AGENCY 3,034
SHALL, NO LATER THAN TEN DAYS AFTER FILING A LIEN PURSUANT TO 3,035
SECTION 2301.43 OF THE REVISED CODE, SERVE A COPY OF THE LIEN BY
REGULAR MAIL ON THE OBLIGOR WHOSE REAL OR PERSONAL PROPERTY IS 3,036
SUBJECT TO THE LIEN AND THE PERSON OR STATE AGENCY IN POSSESSION 3,037
OR CONTROL OF ANY REAL OR PERSONAL PROPERTY OF THE OBLIGOR. 3,038
(B) ANY PERSON OR STATE AGENCY, AFTER SERVICE DESCRIBED IN 3,041
DIVISION (A) OF THIS SECTION, THAT RELEASES, SELLS, TRANSFERS, OR 3,043
CONVEYS REAL OR PERSONAL PROPERTY SUBJECT TO THE LIEN TO OR FOR 3,044
THE BENEFIT OF THE OBLIGOR OR ANY OTHER PERSON OR FAILS OR 3,045
REFUSES TO SURRENDER PROPERTY DISTRAINED PURSUANT TO SECTION 3,046
2301.45 OF THE REVISED CODE SHALL BE LIABLE FOR THE CHILD SUPPORT 3,048
ARREARAGES THAT ARE THE BASIS OF THE LIEN PLUS COSTS, INTEREST, 3,049
AND REASONABLE ATTORNEY'S FEES OF THE OPPOSING PARTY.
Sec. 2301.45. (A) A CHILD SUPPORT ENFORCEMENT AGENCY MAY 3,051
ORDER THE SEIZURE AND SALE OF ANY PROPERTY SUBJECT TO THE LIEN 3,053
IMPOSED PURSUANT TO SECTION 2301.43 OF THE REVISED CODE. A 3,054
SEIZURE AND SALE PURSUANT TO THIS SECTION IS SUBJECT TO THE 3,055
EXEMPTIONS IN SECTION 2329.66 OF THE REVISED CODE. 3,056
(B) NO LATER THAN TEN DAYS PRIOR TO THE DATE OF SALE, THE 3,059
AGENCY SHALL SEND A WRITTEN NOTICE BY REGULAR MAIL TO THE OBLIGOR 3,060
AND ANY PERSON KNOWN TO HAVE OR CLAIM AN INTEREST IN THE 3,061
PROPERTY. THE NOTICE SHALL CONTAIN A GENERAL DESCRIPTION OF THE 3,062
PROPERTY TO BE SOLD AND THE DATE, TIME, AND PLACE OF THE SALE. 3,063
THE AGENCY SHALL ALSO POST THE NOTICE IN AT LEAST TWO PUBLIC 3,064
PLACES IN THE COUNTY IN WHICH THE SEIZURE WAS MADE. THE TIME OF 3,065
SALE SHALL BE NO LATER THAN TEN NOR MORE THAN TWENTY DAYS AFTER 3,066
THE DATE OF POSTING OF THE NOTICE. 3,067
(C) THE SALE SHALL BE BY PUBLIC AUCTION CONDUCTED BY THE 3,070
72
AGENCY AND THE PROPERTY SEIZED SHALL BE SOLD BY PARCEL OR LOT. 3,071
THE AGENCY SHALL SET A MINIMUM PRICE, WHICH PRICE SHALL INCLUDE 3,072
THE COST OF SEIZURE AND ADVERTISING OF THE SALE. IF THE HIGHEST 3,073
AMOUNT BID FOR THE PROPERTY DOES NOT MEET OR EXCEED THE MINIMUM 3,074
PRICE, THE AGENCY MAY PURCHASE THE PROPERTY FOR THE MINIMUM 3,075
PRICE. THE AGENCY MAY LATER SELL THE PROPERTY AT A PUBLIC OR 3,077
PRIVATE SALE. THE AGENCY SHALL ISSUE A BILL OF SALE OR A DEED TO 3,078
ANY PURCHASER OF THE PROPERTY, INCLUDING THE AGENCY. THE BILL OF 3,079
SALE OR DEED SHALL BE PRIMA FACIE EVIDENCE OF THE RIGHT OF THE 3,080
AGENCY TO MAKE THE SALE AND CONCLUSIVE EVIDENCE OF THE REGULARITY 3,081
OF THE SALE. THE BILL OF SALE OR DEED SHALL TRANSFER TO THE 3,082
PURCHASER ALL RIGHTS, TITLE, AND INTEREST THE OBLIGOR HAD IN THE 3,083
PROPERTY.
(D) THE PROCEEDS FROM ANY SALE MADE PURSUANT TO THIS 3,086
SECTION SHALL FIRST BE USED TO SATISFY ALL LIENS, MORTGAGES, 3,087
SECURITY INTERESTS, OR OTHER TYPES OF ENCUMBRANCES ON THE 3,088
PROPERTY THAT AROSE PRIOR TO THE DATE THE LIEN WAS FILED PURSUANT 3,089
TO SECTION 2301.43 OF THE REVISED CODE. IF ANY PROCEEDS REMAIN
AFTER PAYING THOSE LIENS, MORTGAGES, SECURITY INTERESTS, OR 3,090
ENCUMBRANCES, THEY SHALL BE USED TO REIMBURSE THE AGENCY FOR THE 3,091
COSTS OF THE SEIZURE AND SALE. IF ANY PROCEEDS REMAIN AFTER 3,092
REIMBURSEMENT OF THE COSTS, THEY SHALL BE USED TO SATISFY THE 3,093
CHILD SUPPORT ARREARAGE THAT IS THE BASIS OF THE LIEN. IF ANY 3,094
PROCEEDS REMAIN AFTER SATISFYING THE ARREARAGE, THEY SHALL BE 3,095
USED TO SATISFY ALL OTHER LIENS, MORTGAGES, SECURITY INTERESTS, 3,096
OR OTHER TYPES OF ENCUMBRANCES ON THE PROPERTY THAT AROSE AFTER 3,097
THE DATE THE LIEN WAS FILED PURSUANT TO SECTION 2301.43 OF THE 3,098
REVISED CODE IN THE ORDER OF PRIORITY. IF ANY PROCEEDS REMAIN 3,099
AFTER SATISFYING THE REMAINING LIENS, MORTGAGES, SECURITY
INTEREST, OR ENCUMBRANCES, THEY SHALL BE REFUNDED TO THE OBLIGOR. 3,101
Sec. 2301.46. A CHILD SUPPORT ENFORCEMENT AGENCY MAY AT 3,103
ANY TIME RELEASE A LIEN IMPOSED PURSUANT TO SECTION 2301.43 OF 3,104
THE REVISED CODE, ON ALL OR PART OF THE PROPERTY OF THE OBLIGOR, 3,106
OR RETURN SEIZED PROPERTY WITHOUT LIABILITY, IF ASSURANCE OF 3,107
73
PAYMENT IS DEEMED ADEQUATE BY THE AGENCY, OR THE RELEASE WILL 3,108
FACILITATE THE COLLECTION OF THE ARREARAGE FOR WHICH THE LIEN WAS 3,109
IMPOSED. THE RELEASE OR RETURN SHALL NOT OPERATE TO PREVENT 3,110
FUTURE ACTION TO COLLECT THE ARREARAGE. 3,111
Sec. 2705.02. A person guilty of any of the following acts 3,120
may be punished as for a contempt: 3,121
(A) Disobedience of, or resistance to, a lawful writ, 3,123
process, order, rule, judgment, or command of a court or officer; 3,124
(B) Misbehavior of an officer of the court in the 3,126
performance of official duties, or in official transactions; 3,128
(C) A failure to obey a subpoena duly served, or a refusal 3,130
to be sworn or to answer as a witness, when lawfully required; 3,131
(D) The rescue, or attempted rescue, of a person or of 3,133
property in the custody of an officer by virtue of an order or 3,134
process of court held by the officer; 3,135
(E) A failure upon the part of a person recognized to 3,137
appear as a witness in a court to appear in compliance with the 3,138
terms of the person's recognizance; 3,139
(F) A failure to comply with an order issued pursuant to 3,141
section 3111.20, 3111.21, OR 3111.22, or 3111.241 of the Revised 3,142
Code or a withholding or deduction notice issued under section 3,144
3111.23 of the Revised Code.
(G) A FAILURE TO OBEY A SUBPOENA ISSUED BY THE DEPARTMENT 3,146
OF HUMAN SERVICES OR A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT 3,147
TO SECTION 5101.37 OF THE REVISED CODE. 3,148
Sec. 2919.21. (A) No person shall abandon, or fail to 3,157
provide adequate support to: 3,158
(1) The person's spouse, as required by law; 3,160
(2) The person's child who is under age eighteen, or 3,163
mentally or physically handicapped child who is under age 3,164
twenty-one;
(3) The person's aged or infirm parent or adoptive parent, 3,166
who from lack of ability and means is unable to provide 3,167
adequately for the parent's own support;. 3,168
74
(B) No person shall abandon, or fail to provide support as 3,170
established by a court order to, another person whom, by court 3,171
order or decree, the person is legally obligated to support. 3,172
(C) No person shall aid, abet, induce, cause, encourage, 3,174
or contribute to a child or a ward of the juvenile court becoming 3,175
a dependent child, as defined in section 2151.04 of the Revised 3,176
Code, or a neglected child, as defined in section 2151.03 of the 3,177
Revised Code. 3,178
(D) It is an affirmative defense to a charge of failure to 3,180
provide adequate support under division (A) of this section or a 3,181
charge of failure to provide support established by a court order 3,182
under division (B) of this section that the accused was unable to 3,183
provide adequate support or the established support but did 3,184
provide the support that was within the accused's ability and
means.
(E) It is an affirmative defense to a charge under 3,186
division (A)(3) of this section that the parent abandoned the 3,187
accused or failed to support the accused as required by law, 3,188
while the accused was under age eighteen, or was mentally or 3,189
physically handicapped and under age twenty-one. 3,190
(F) It is not a defense to a charge under division (B) of 3,192
this section that the person whom a court has ordered the accused 3,193
to support is being adequately supported by someone other than 3,194
the accused.
(G)(1) Except as otherwise provided in this division, 3,196
whoever violates division (A) or (B) of this section is guilty of 3,197
nonsupport of dependents, a misdemeanor of the first degree. If 3,198
the offender previously has been convicted of or pleaded guilty 3,200
to a violation of division (A)(2) or (B) of this section or if 3,201
the offender has failed to provide support under division (A)(2) 3,202
or (B) of this section for a total accumulated period of 3,203
twenty-six weeks out of one hundred four consecutive weeks, 3,204
whether or not the twenty-six weeks were consecutive, then a 3,205
violation of division (A)(2) or (B) of this section is a felony 3,206
75
of the fifth degree. If the offender previously has been
convicted of or pleaded guilty to a felony violation of this 3,207
section, a violation of division (A)(2) or (B) of this section is 3,208
a felony of the fourth degree. If the offender is guilty of 3,209
nonsupport of dependents by reason of failing to provide support 3,210
to the offender's child as required by a child support order 3,211
issued on or after April 15, 1985, pursuant to section 2151.23, 3,212
2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.22 3,214
3115.31 of the Revised Code, the court, in addition to any other 3,216
sentence imposed, shall assess all court costs arising out of the 3,217
charge against the person and require the person to pay any 3,218
reasonable attorney's fees of any adverse party other than the 3,219
state, as determined by the court, that arose in relation to the 3,220
charge.
(2) Whoever violates division (C) of this section is 3,222
guilty of contributing to the nonsupport of dependents, a 3,223
misdemeanor of the first degree. Each day of violation of 3,224
division (C) of this section is a separate offense. 3,225
Sec. 3103.031. A biological parent of a child, a man 3,234
determined to be the natural father of a child under sections 3,235
3111.01 to 3111.19 or 3111.20 to 3111.29 of the Revised Code, a 3,236
parent who adopts a minor child pursuant to Chapter 3107. of the 3,237
Revised Code, a parent who acknowledges parentage on the child's 3,238
birth certificate as provided in section 3705.09 of the Revised 3,239
Code, or a parent whose signed acknowledgment of paternity is 3,240
entered upon the probate court's journal under HAS BECOME FINAL 3,241
PURSUANT TO section 2105.18 5101.314 of the Revised Code assumes 3,243
the parental duty of support for that child. Notwithstanding 3,244
section 3109.01 of the Revised Code, the parental duty of support 3,245
to the child shall continue beyond the age of majority as long as 3,246
the child continuously attends on a full-time basis any 3,247
recognized and accredited high school. That duty of support 3,248
shall continue during seasonal vacation periods.
Sec. 3105.18. (A) As used in this section, "spousal 3,257
76
support" means any payment or payments to be made to a spouse or 3,258
former spouse, or to a third party for the benefit of a spouse or 3,259
a former spouse, that is both for sustenance and for support of 3,260
the spouse or former spouse. "Spousal support" does not include 3,261
any payment made to a spouse or former spouse, or to a third 3,262
party for the benefit of a spouse or former spouse, that is made 3,263
as part of a division or distribution of property or a 3,264
distributive award under section 3105.171 of the Revised Code. 3,265
(B) In divorce and legal separation proceedings, upon the 3,267
request of either party and after the court determines the 3,268
division or disbursement of property under section 3105.171 of 3,269
the Revised Code, the court of common pleas may award reasonable 3,270
spousal support to either party. During the pendency of any 3,271
divorce, or legal separation proceeding, the court may award 3,272
reasonable temporary spousal support to either party. 3,273
An award of spousal support may be allowed in real or 3,275
personal property, or both, or by decreeing a sum of money, 3,276
payable either in gross or by installments, from future income or 3,277
otherwise, as the court considers equitable. 3,278
Any award of spousal support made under this section shall 3,280
terminate upon the death of either party, unless the order 3,281
containing the award expressly provides otherwise. 3,282
(C)(1) In determining whether spousal support is 3,284
appropriate and reasonable, and in determining the nature, 3,285
amount, and terms of payment, and duration of spousal support, 3,286
which is payable either in gross or in installments, the court 3,287
shall consider all of the following factors: 3,288
(a) The income of the parties, from all sources, 3,290
including, but not limited to, income derived from property 3,291
divided, disbursed, or distributed under section 3105.171 of the 3,292
Revised Code; 3,293
(b) The relative earning abilities of the parties; 3,295
(c) The ages and the physical, mental, and emotional 3,297
conditions of the parties; 3,298
77
(d) The retirement benefits of the parties; 3,300
(e) The duration of the marriage; 3,302
(f) The extent to which it would be inappropriate for a 3,304
party, because he THAT PARTY will be custodian of a minor child 3,305
of the marriage, to seek employment outside the home; 3,307
(g) The standard of living of the parties established 3,309
during the marriage; 3,310
(h) The relative extent of education of the parties; 3,312
(i) The relative assets and liabilities of the parties, 3,314
including but not limited to any court-ordered payments by the 3,315
parties; 3,316
(j) The contribution of each party to the education, 3,318
training, or earning ability of the other party, including, but 3,319
not limited to, any party's contribution to the acquisition of a 3,320
professional degree of the other party; 3,321
(k) The time and expense necessary for the spouse who is 3,323
seeking spousal support to acquire education, training, or job 3,324
experience so that the spouse will be qualified to obtain 3,325
appropriate employment, provided the education, training, or job 3,326
experience, and employment is, in fact, sought; 3,327
(l) The tax consequences, for each party, of an award of 3,329
spousal support; 3,330
(m) The lost income production capacity of either party 3,332
that resulted from that party's marital responsibilities; 3,333
(n) Any other factor that the court expressly finds to be 3,335
relevant and equitable. 3,336
(2) In determining whether spousal support is reasonable 3,338
and in determining the amount and terms of payment of spousal 3,339
support, each party shall be considered to have contributed 3,340
equally to the production of marital income. 3,341
(D) In an action brought solely for an order for legal 3,343
separation under section 3105.17 of the Revised Code, any 3,344
continuing order for periodic payments of money entered pursuant 3,345
to this section is subject to further order of the court upon 3,346
78
changed circumstances of either party. 3,347
(E) If a continuing order for periodic payments of money 3,349
as alimony is entered in a divorce or dissolution of marriage 3,350
action that is determined on or after May 2, 1986, and before 3,351
January 1, 1991, or if a continuing order for periodic payments 3,352
of money as spousal support is entered in a divorce or 3,353
dissolution of marriage action that is determined on or after 3,354
January 1, 1991, the court that enters the decree of divorce or 3,355
dissolution of marriage does not have jurisdiction to modify the 3,356
amount or terms of the alimony or spousal support unless the 3,357
court determines that the circumstances of either party have 3,358
changed and unless one of the following applies: 3,359
(1) In the case of a divorce, the decree or a separation 3,361
agreement of the parties to the divorce that is incorporated into 3,362
the decree contains a provision specifically authorizing the 3,363
court to modify the amount or terms of alimony or spousal 3,364
support. 3,365
(2) In the case of a dissolution of marriage, the 3,367
separation agreement that is approved by the court and 3,368
incorporated into the decree contains a provision specifically 3,369
authorizing the court to modify the amount or terms of alimony or 3,370
spousal support. 3,371
(F) For purposes of divisions (D) and (E) of this section, 3,373
a change in the circumstances of a party includes, but is not 3,374
limited to, any increase or involuntary decrease in the party's 3,375
wages, salary, bonuses, living expenses, or medical expenses. 3,376
(G) Each order for alimony made or modified by a court on 3,378
or after December 31, 1993, shall include as part of the order a 3,379
general provision, as described in division (A)(1) of section 3,380
3113.21 of the Revised Code, requiring the withholding or 3,381
deduction of wages INCOME or assets of the obligor under the 3,382
order as described in division (D) of section 3113.21 of the 3,384
Revised Code or another type of appropriate requirement as 3,385
described in division (D)(6)(3), (D)(7)(4), or (H) of that 3,386
79
section, to ensure that withholding or deduction from the wages 3,388
INCOME or assets of the obligor is available from the 3,390
commencement of the support order for collection of the support 3,391
and of any arrearages that occur; a statement requiring all 3,392
parties to the order to notify the child support enforcement 3,393
agency in writing of their current mailing address, their current 3,394
residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT 3,395
DRIVER'S LICENSE NUMBER, and of any changes in either address TO 3,397
THAT INFORMATION; and a notice that the requirement to notify the 3,398
agency of all changes in either address TO THAT INFORMATION 3,399
continues until further notice from the court. 3,401
If any person required to pay alimony under an order made 3,403
or modified by a court on or after December 1, 1986, and before 3,404
January 1, 1991, or any person required to pay spousal support 3,405
under an order made or modified by a court on or after January 1, 3,406
1991, is found in contempt of court for failure to make alimony 3,407
or spousal support payments under the order, the court that makes 3,408
the finding, in addition to any other penalty or remedy imposed, 3,409
shall assess all court costs arising out of the contempt 3,410
proceeding against the person and shall require the person to pay 3,411
any reasonable attorney's fees of any adverse party, as 3,412
determined by the court, that arose in relation to the act of 3,413
contempt. 3,414
(H) In divorce or legal separation proceedings, the court 3,416
may award reasonable attorney's fees to either party at any stage 3,417
of the proceedings, including, but not limited to, any appeal, 3,418
any proceeding arising from a motion to modify a prior order or 3,419
decree, and any proceeding to enforce a prior order or decree, if 3,420
it determines that the other party has the ability to pay the 3,421
attorney's fees that the court awards. When the court determines 3,422
whether to award reasonable attorney's fees to any party pursuant 3,423
to this division, it shall determine whether either party will be 3,424
prevented from fully litigating his THAT PARTY'S rights and 3,425
adequately protecting his THAT PARTY'S interests if it does not 3,426
80
award reasonable attorney's fees. 3,427
Sec. 3105.21. (A) Upon satisfactory proof of the causes 3,436
in the complaint for divorce, annulment, or legal separation, the 3,437
court of common pleas shall make an order for the disposition, 3,438
care, and maintenance of the children of the marriage, as is in 3,439
their best interests, and in accordance with section 3109.04 of 3,440
the Revised Code. 3,441
(B) Upon the failure of proof of the causes in the 3,443
complaint, the court may make the order for the disposition, 3,444
care, and maintenance of any dependent child of the marriage as 3,445
is in the child's best interest, and in accordance with section 3,446
3109.04 of the Revised Code. 3,447
(C) Each order for child support made or modified under 3,449
this section on or after December 31, 1993, shall include as part 3,450
of the order a general provision, as described in division (A)(1) 3,451
of section 3113.21 of the Revised Code, requiring the withholding 3,452
or deduction of wages INCOME or assets of the obligor under the 3,453
order as described in division (D) of section 3113.21 of the 3,455
Revised Code, or another type of appropriate requirement as 3,456
described in division (D)(6)(3), (D)(7)(4), or (H) of that 3,457
section, to ensure that withholding or deduction from the wages 3,459
INCOME or assets of the obligor is available from the 3,461
commencement of the support order for collection of the support 3,462
and of any arrearages that occur; a statement requiring all 3,463
parties to the order to notify the child support enforcement 3,464
agency in writing of their current mailing address, their current 3,465
residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT 3,466
DRIVER'S LICENSE NUMBER, and any changes in either address TO 3,468
THAT INFORMATION; and a notice that the requirement to notify the 3,469
agency of all changes in either address TO THAT INFORMATION 3,470
continues until further notice from the court. Any court of 3,472
common pleas that makes or modifies an order for child support 3,473
under this section on or after April 12, 1990, shall comply with 3,474
sections 3113.21 to 3113.219 of the Revised Code. If any person 3,475
81
required to pay child support under an order made under this 3,476
section on or after April 15, 1985, or modified on or after 3,477
December 1, 1986, is found in contempt of court for failure to 3,478
make support payments under the order, the court that makes the 3,479
finding, in addition to any other penalty or remedy imposed, 3,480
shall assess all court costs arising out of the contempt 3,481
proceeding against the person and require the person to pay any 3,482
reasonable attorney's fees of any adverse party, as determined by 3,483
the court, that arose in relation to the act of contempt. 3,484
(D) Notwithstanding section 3109.01 of the Revised Code, 3,486
if a court issues a child support order under this section, the 3,487
order shall remain in effect beyond the child's eighteenth 3,488
birthday as long as the child continuously attends on a full-time 3,489
basis any recognized and accredited high school. Any parent 3,490
ordered to pay support under a child support order issued under 3,491
this section shall continue to pay support under the order, 3,492
including during seasonal vacation periods, until the order 3,493
terminates. 3,494
Sec. 3105.72. THE RECORD OF ANY ACTION INSTITUTED UNDER 3,496
THIS CHAPTER SHALL INCLUDE THE SOCIAL SECURITY NUMBERS OF BOTH 3,497
PARTIES TO THE ACTION.
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of 3,506
the Revised Code:
(A) "Agency" means any public or private organization 3,508
certified, licensed, or otherwise specially empowered by law or 3,509
rule to place minors for adoption. 3,510
(B) "Attorney" means a person who has been admitted to the 3,512
bar by order of the Ohio supreme court. 3,513
(C) "Child" means a son or daughter, whether by birth or 3,515
by adoption. 3,516
(D) "Court" means the probate courts of this state, and 3,518
when the context requires, means the court of any other state 3,520
empowered to grant petitions for adoption. 3,521
(E) "Identifying information" means any of the following 3,524
82
with regard to a person: first name, last name, maiden name, 3,525
alias, social security number, address, telephone number, place 3,526
of employment, number used to identify the person for the purpose 3,527
of the statewide education management information system
established pursuant to section 3301.0714 of the Revised Code, 3,528
and any other number federal or state law requires or permits to 3,529
be used to identify the person.
(F) "Minor" means a person under the age of eighteen 3,531
years. 3,532
(G) "Private child placing agency," "private noncustodial 3,535
agency," and "public children services agency" have the same
meanings as in section 2151.011 of the Revised Code. 3,536
(H) "Putative father" means a man, including one under age 3,539
eighteen, who may be a child's father and to whom all of the 3,540
following apply:
(1) He is not married to the child's mother at the time of 3,542
the child's conception or birth; 3,543
(2) He has not adopted the child; 3,545
(3) He has not been determined, prior to the date a 3,547
petition to adopt the child is filed, to have a parent and child 3,548
relationship with the child by a court proceeding pursuant to 3,549
sections 3111.01 to 3111.19 of the Revised Code, a court 3,550
proceeding in another state, an administrative agency proceeding 3,551
pursuant to sections 3111.20 to 3111.29 of the Revised Code, or 3,553
an administrative agency proceeding in another state;
(4) He has not acknowledged paternity of the child 3,555
pursuant to section 2105.18 5101.314 of the Revised Code. 3,556
Sec. 3107.06. Unless consent is not required under section 3,565
3107.07 of the Revised Code, a petition to adopt a minor may be 3,566
granted only if written consent to the adoption has been executed 3,567
by all of the following: 3,568
(A) The mother of the minor; 3,570
(B) The father of the minor, if any of the following 3,572
apply:
83
(1) The minor was conceived or born while the father was 3,574
married to the mother; 3,575
(2) The minor is his child by adoption; 3,577
(3) Prior to the date the petition was filed, it was 3,579
determined by a court proceeding pursuant to sections 3111.01 to 3,580
3111.19 of the Revised Code, a court proceeding in another state, 3,582
an administrative proceeding pursuant to sections 3111.20 to 3,583
3111.29 of the Revised Code, or an administrative proceeding in
another state that he has a parent and child relationship with 3,584
the minor; 3,585
(4) He acknowledged paternity of the child AND THAT 3,587
ACKNOWLEDGMENT HAS BECOME FINAL pursuant to section 2105.18 3,588
5101.314 of the Revised Code. 3,589
(C) The putative father of the minor; 3,591
(D) Any person or agency having permanent custody of the 3,593
minor or authorized by court order to consent; 3,594
(E) The juvenile court that has jurisdiction to determine 3,596
custody of the minor, if the legal guardian or custodian of the 3,597
minor is not authorized by law or court order to consent to the 3,598
adoption; 3,599
(F) The minor, if more than twelve years of age, unless 3,601
the court, finding that it is in the best interest of the minor, 3,602
determines that the minor's consent is not required. 3,603
Sec. 3107.064. (A) Except as provided in division (B) of 3,613
this section, a court shall not issue a final decree of adoption
or finalize an interlocutory order of adoption unless the mother 3,614
placing the minor for adoption or the agency or attorney 3,615
arranging the adoption files with the court a certified document 3,616
provided by the department of human services under section 3,617
3107.063 of the Revised Code. The court shall not accept the
document unless the date the department places on the document 3,618
pursuant to that section is thirty-one or more days after the 3,619
date of the minor's birth. 3,620
(B) The document described in division (A) of this section 3,623
84
is not required if any of the following apply:
(1) The mother was married at the time the minor was 3,625
conceived or born;
(2) The parent placing the minor for adoption previously 3,627
adopted the minor; 3,628
(3) Prior to the date a petition to adopt the minor is 3,630
filed, a man has been determined to have a parent and child 3,631
relationship with the minor by a court proceeding pursuant to 3,632
sections 3111.01 to 3111.19 of the Revised Code, a court 3,633
proceeding in another state, an administrative agency proceeding 3,634
pursuant to sections 3111.20 to 3111.29 of the Revised Code, or
an administrative agency proceeding in another state; 3,635
(4) The minor's father acknowledged paternity of the minor 3,637
AND THAT ACKNOWLEDGMENT HAS BECOME FINAL pursuant to section 3,639
2105.18 5101.314 of the Revised Code;
(5) A public children services agency has permanent 3,642
custody of the minor pursuant to Chapter 2151. or division (B) of 3,643
section 5103.15 of the Revised Code after both parents lost or 3,644
surrendered parental rights, privileges, and responsibilities 3,645
over the minor.
Sec. 3109.05. (A)(1) In a divorce, dissolution of 3,654
marriage, legal separation, or child support proceeding, the 3,655
court may order either or both parents to support or help support 3,656
their children, without regard to marital misconduct. In 3,657
determining the amount reasonable or necessary for child support, 3,658
including the medical needs of the child, the court shall comply 3,659
with sections 3113.21 to 3113.219 of the Revised Code. 3,660
(2) The court, in accordance with sections 3113.21 and 3,662
3113.217 of the Revised Code, shall include in each support order 3,663
made under this section the requirement that one or both of the 3,664
parents provide for the health care needs of the child to the 3,665
satisfaction of the court, and the court shall include in the 3,666
support order a requirement that all support payments be made 3,667
through the DIVISION OF child support enforcement agency IN THE 3,669
85
DEPARTMENT OF HUMAN SERVICES.
(3) Each order for child support made or modified under 3,671
this section on or after December 31, 1993, shall include as part 3,672
of the order a general provision, as described in division (A)(1) 3,673
of section 3113.21 of the Revised Code, requiring the withholding 3,674
or deduction of wages INCOME or assets of the obligor under the 3,675
order as described in division (D) or (H) of section 3113.21 of 3,677
the Revised Code, or another type of appropriate requirement as 3,678
described in division (D)(6)(3), (D)(7)(4), or (H) of that 3,680
section, to ensure that withholding or deduction from the wages 3,681
INCOME or assets of the obligor is available from the 3,683
commencement of the support order for collection of the support 3,684
and of any arrearages that occur; a statement requiring both 3,685
parents to notify the child support enforcement agency in writing 3,686
of their current mailing address; their current residence 3,687
address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S 3,688
LICENSE NUMBER, and any changes in either address TO THAT 3,690
INFORMATION, and a notice that the requirement to notify the 3,691
agency of all changes in either address TO THAT INFORMATION 3,692
continues until further notice from the court. The court shall 3,694
comply with sections 3113.21 to 3113.219 of the Revised Code when 3,695
it makes or modifies an order for child support under this 3,696
section.
(B) The juvenile court has exclusive jurisdiction to enter 3,698
the orders in any case certified to it from another court. 3,699
(C) If any person required to pay child support under an 3,701
order made under division (A) of this section on or after April 3,702
15, 1985, or modified on or after December 1, 1986, is found in 3,703
contempt of court for failure to make support payments under the 3,704
order, the court that makes the finding, in addition to any other 3,705
penalty or remedy imposed, shall assess all court costs arising 3,706
out of the contempt proceeding against the person and require the 3,707
person to pay any reasonable attorney's fees of any adverse 3,708
party, as determined by the court, that arose in relation to the 3,709
86
act of contempt and, on or after July 1, 1992, shall assess 3,710
interest on any unpaid amount of child support pursuant to 3,711
section 3113.219 of the Revised Code. 3,712
(D) The court shall not authorize or permit the escrowing, 3,714
impoundment, or withholding of any child support payment ordered 3,715
under this section or any other section of the Revised Code 3,716
because of a denial of or interference with a right of 3,717
companionship or visitation granted in an order issued under this 3,718
section, section 3109.051, 3109.11, 3109.12, or any other section 3,719
of the Revised Code, or as a method of enforcing the specific 3,720
provisions of any such order dealing with visitation. 3,721
(E) Notwithstanding section 3109.01 of the Revised Code, 3,723
if a court issues a child support order under this section, the 3,724
order shall remain in effect beyond the child's eighteenth 3,725
birthday as long as the child continuously attends on a full-time 3,726
basis any recognized and accredited high school. Any parent 3,727
ordered to pay support under a child support order issued under 3,728
this section shall continue to pay support under the order, 3,729
including during seasonal vacation periods, until the order 3,730
terminates. 3,731
Sec. 3109.12. (A) If a child is born to an unmarried 3,740
woman, the parents of the woman and any relative of the woman may 3,741
file a complaint requesting the court of common pleas of the 3,742
county in which the child resides to grant them reasonable 3,743
companionship or visitation rights with the child. If a child is 3,744
born to an unmarried woman and if the father of the child has 3,745
acknowledged the child AND THAT ACKNOWLEDGMENT HAS BECOME FINAL 3,746
pursuant to section 2105.18 5101.314 of the Revised Code or has 3,748
been determined in an action under Chapter 3111. of the Revised 3,749
Code to be the father of the child, the father, the parents of 3,750
the father, and any relative of the father may file a complaint 3,751
requesting the court of common pleas of the county in which the 3,752
child resides to grant them reasonable companionship or
visitation rights with respect to the child. 3,753
87
(B) The court may grant the companionship or visitation 3,755
rights requested under division (A) of this section, if it 3,756
determines that the granting of the companionship or visitation 3,757
rights is in the best interest of the child. In determining 3,758
whether to grant any person reasonable companionship or 3,759
visitation rights with respect to any child, the court shall 3,760
consider all relevant factors, including, but not limited to, the 3,761
factors set forth in division (D) of section 3109.051 of the 3,762
Revised Code. Divisions (C), (K), and (L) of section 3109.051 of 3,763
the Revised Code apply to the determination of reasonable 3,764
companionship or visitation rights under this section and to any 3,765
order granting any such rights that is issued under this section. 3,766
The marriage or remarriage of the mother or father of a 3,768
child does not affect the authority of the court under this 3,769
section to grant the natural father, the parents or relatives of 3,770
the natural father, or the parents or relatives of the mother of 3,771
the child reasonable companionship or visitation rights with 3,772
respect to the child. 3,773
If the court denies a request for reasonable companionship 3,775
or visitation rights made pursuant to division (A) of this 3,776
section and the complainant files a written request for findings 3,777
of fact and conclusions of law, the court shall state in writing 3,778
its findings of fact and conclusions of law in accordance with 3,779
Civil Rule 52. 3,780
Except as provided in division (E)(6) of section 3113.31 of 3,782
the Revised Code, if the court, pursuant to this section, grants 3,783
any person companionship or visitation rights with respect to any 3,784
child, it shall not require the public children services agency 3,785
to provide supervision of or other services related to that 3,786
person's exercise of companionship or visitation rights with 3,787
respect to the child. This section does not limit the power of a 3,788
juvenile court pursuant to Chapter 2151. of the Revised Code to 3,789
issue orders with respect to children who are alleged to be 3,790
abused, neglected, or dependent children or to make dispositions 3,791
88
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to 3,792
section 3113.31 of the Revised Code. 3,793
Sec. 3109.19. (A) As used in this section, "minor" has 3,803
the same meaning as in section 3107.01 of the Revised Code. 3,804
(B)(1) If a child is born to parents who are unmarried and 3,806
unemancipated minors, a parent of one of the minors is providing 3,808
support for the minors' child, and the minors have not signed an 3,809
acknowledgment of paternity or a parent and child relationship 3,810
has not been established between the child and the male minor, 3,811
the parent who is providing support for the child may request a 3,812
determination of the existence or nonexistence of a parent and 3,813
child relationship between the child and the male minor pursuant 3,814
to Chapter 3111. of the Revised Code. 3,815
(2) If a child is born to parents who are unmarried and 3,818
unemancipated minors, a parent of one of the minors is providing 3,819
support for the child, and the minors have signed an 3,820
acknowledgment of paternity pursuant to section 2105.18 5101.314 3,821
of the Revised Code or a parent and child relationship has been 3,822
established between the child and the male minor pursuant to 3,823
Chapter 3111. of the Revised Code, the parent who is providing 3,825
support for the child may file a complaint requesting that the 3,826
court issue an order or may request the child support enforcement 3,827
agency of the county in which the child resides to issue an 3,828
administrative order requiring all of the minors' parents to pay 3,829
support for the child.
(C)(1) On receipt of a complaint filed under division 3,831
(B)(2) of this section, the court shall schedule a hearing to 3,832
determine, in accordance with sections 3113.21 to 3113.219 of the 3,834
Revised Code, the amount of child support the minors' parents are 3,836
required to pay and, the method of paying the support, AND THE 3,837
METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE NEEDS. On 3,838
receipt of a request under division (B)(2) of this section, the 3,840
agency shall schedule a hearing to determine, in accordance with 3,841
89
sections 3111.23 to 3111.28 and 3113.215 of the Revised Code, the 3,843
amount of child support the minors' parents are required to pay 3,844
for and, the method of paying the support, AND THE METHOD OF 3,845
PROVIDING FOR THE CHILD'S HEALTH CARE NEEDS. At the conclusion 3,846
of the hearing, the court or agency shall issue an order 3,848
requiring the payment of support of the child AND PROVISION FOR
THE CHILD'S HEALTH CARE NEEDS. The court or agency shall 3,850
calculate the child support amount using the income of the 3,851
minors' parents instead of the income of the minors. If any of 3,852
the minors' parents are divorced, the court or agency shall 3,853
calculate the child support as if they were married, and issue a 3,854
child support order requiring the parents to pay a portion of any 3,855
support imposed as a separate obligation. If a child support 3,856
order issued pursuant to section 2151.23, 2151.231, 3111.13, 3,857
3111.20, 3111.21, or 3111.22 of the Revised Code requires one of 3,858
the minors to pay support for the child, the amount the minor is 3,859
required to pay shall be deducted from any amount that minor's 3,860
parents are required to pay pursuant to an order issued under 3,861
this section. The hearing shall be held not later than sixty 3,862
days after the day the complaint is filed or the request is made 3,863
nor earlier than thirty days after the court or agency gives the 3,864
minors' parents notice of the action.
(2) An order issued by an agency for the payment of child 3,866
support shall include a notice stating all of the following: 3,867
that the parents of the minors may object to the order by filing 3,869
a complaint pursuant to division (B)(2) of this section with the 3,870
court requesting that the court issue an order requiring the 3,871
minors' parents to pay support for the child AND PROVIDE FOR THE 3,872
CHILD'S HEALTH CARE NEEDS; that the complaint may be filed no 3,873
later than thirty days after the date of the issuance of the 3,874
agency's order; and that, if none of the parents of the minors 3,875
file a complaint pursuant to division (B)(2) of this section, the 3,877
agency's order is final and enforceable by a court and may be 3,878
modified and enforced only in accordance with sections 3111.23 to 3,879
90
3111.28 and sections 3113.21 to 3113.219 of the Revised Code. 3,880
(D) An order issued by a court or agency under this 3,883
section shall remain in effect, except as modified pursuant to 3,884
sections 3113.21 to 3113.219 of the Revised Code with respect to 3,886
a court-issued child support order or pursuant to sections 3,887
3111.23 to 3111.28 and 3113.215 of the Revised Code with respect 3,888
to an administrative child support order, until the occurrence of 3,889
any of the following:
(1) The minor who resides with the parents required to pay 3,891
support under this section reaches the age of eighteen years, 3,892
dies, marries, enlists in the armed services, is deported, gains 3,893
legal or physical custody of the child, or is otherwise 3,894
emancipated. 3,895
(2) The child who is the subject of the order dies, is 3,897
adopted, is deported, or is transferred to the legal or physical 3,898
custody of the minor who lives with the parents required to pay 3,899
support under this section.
(3) The minor's parents to whom support is being paid 3,901
pursuant to this section is no longer providing any support for 3,902
the child. 3,903
(E)(1) The minor's parents to whom support is being paid 3,905
under a child support order issued by a court pursuant to this 3,906
section shall notify, and the minor's parents who are paying 3,907
support may notify the child support enforcement agency of the 3,908
occurrence of any event described in division (D) of this 3,909
section. A willful failure to notify the agency as required by 3,910
this division is contempt of court. Upon receiving notification 3,911
pursuant to this division, the agency shall comply with division 3,912
(G)(4) of section 3113.21 of the Revised Code. 3,914
(2) The minor's parents to whom support is being paid 3,916
under a child support order issued by the agency pursuant to this 3,917
section shall notify, and the minor's parents who are paying 3,918
support may notify the child support enforcement agency of the 3,919
occurrence of any event described in division (D) of this 3,920
91
section. Upon receiving notification pursuant to this division, 3,921
the agency shall comply with division (E)(4) of section 3111.23 3,923
of the Revised Code.
Sec. 3111.02. (A) The parent and child relationship 3,932
between a child and the child's natural mother may be established 3,933
by proof of her having given birth to the child or pursuant to 3,934
sections 3111.01 to 3111.19 or 3111.20 to 3111.29 of the Revised 3,935
Code. The parent and child relationship between a child and the 3,936
natural father of the child may be established by a probate court
entering an acknowledgment upon its journal OF PATERNITY as 3,938
provided in section 2105.18 5101.314 of the Revised Code, and 3,940
pursuant to sections 3111.01 to 3111.19 or 3111.20 to 3111.29 of 3,941
the Revised Code. The parent and child relationship between a
child and the adoptive parent of the child may be established by 3,942
proof of adoption or pursuant to Chapter 3107. of the Revised 3,943
Code.
(B) A court that is determining a parent and child 3,945
relationship pursuant to this chapter shall give full faith and 3,946
credit to a parentage determination made under the laws of this 3,947
state or another state, regardless of whether the parentage 3,948
determination was made pursuant to a voluntary acknowledgement of
paternity, an administrative procedure, or a court proceeding. 3,949
Sec. 3111.03. (A) A man is presumed to be the natural 3,958
father of a child under any of the following circumstances: 3,959
(1) The man and the child's mother are or have been 3,961
married to each other, and the child is born during the marriage 3,962
or is born within three hundred days after the marriage is 3,963
terminated by death, annulment, divorce, or dissolution or after 3,964
the man and the child's mother separate pursuant to a separation 3,965
agreement. 3,966
(2) The man and the child's mother attempted, before the 3,968
child's birth, to marry each other by a marriage that was 3,969
solemnized in apparent compliance with the law of the state in 3,970
which the marriage took place, the marriage is or could be 3,971
92
declared invalid, and either of the following apply APPLIES: 3,972
(a) The marriage can only be declared invalid by a court 3,974
and the child is born during the marriage or within three hundred 3,975
days after the termination of the marriage by death, annulment, 3,976
divorce, or dissolution; 3,977
(b) The attempted marriage is invalid without a court 3,979
order and the child is born within three hundred days after the 3,980
termination of cohabitation. 3,981
(3) The man and the child's mother, after the child's 3,983
birth, married or attempted to marry each other by a marriage 3,984
solemnized in apparent compliance with the law of the state in 3,985
which the marriage took place, and any EITHER of the following 3,986
occur: 3,987
(a) The man has acknowledged his paternity of the child in 3,989
a writing sworn to before a notary public; 3,990
(b) The man, with his consent, is named as the child's 3,992
father on the child's birth certificate; 3,993
(c) The man is required to support the child by a written 3,995
voluntary promise or by a court order. 3,996
(4) The man, with his consent, signs the child's birth 3,998
certificate as an informant as provided in section 3705.09 of the 3,999
Revised Code. 4,000
(5) A court enters upon its journal an acknowlegment AN 4,002
ACKNOWLEDGMENT of paternity FILED WITH THE DIVISION OF CHILD 4,003
SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES BECOMES FINAL 4,004
pursuant to section 2105.18 5101.314 of the Revised Code. 4,006
(6) A court or administrative body, pursuant to section 4,008
3111.09, 3111.22, or 3115.24 3115.52 of the Revised Code or 4,010
otherwise, has ordered that genetic tests be conducted or the 4,011
natural mother and alleged natural father voluntarily agreed to 4,012
genetic testing pursuant to section 3111.21 or 3111.22 of the 4,013
Revised Code to determine the father and child relationship and 4,014
the results of the genetic tests indicate a probability of 4,015
ninety-five per cent or greater that the man is the biological 4,016
93
father of the child.
(B) A presumption arises under division (A)(3) of this 4,018
section regardless of the validity or invalidity of the marriage 4,019
of the parents. A presumption that arises under this section can 4,020
only be rebutted by clear and convincing evidence that includes 4,021
the results of genetic testing, except that a presumption that IS 4,022
CONCLUSIVE AND CANNOT BE REBUTTED IN THE FOLLOWING CASES: 4,023
(1) THE PRESUMPTION arises under division (A)(1) or (2) of 4,025
this section is conclusive as provided in AND division (A) of 4,027
section 3111.37 of the Revised Code and cannot be rebutted IS 4,028
APPLICABLE WITH RESPECT TO THE PRESUMPTION; 4,029
(2) THE PRESUMPTION ARISES UNDER DIVISION (A)(6) BASED ON 4,031
THE RESULTS OF GENETIC TESTS ORDERED PURSUANT TO SECTION 3111.21 4,032
OR 3111.22 OF THE REVISED CODE AND THE TEST RESULTS ARE THE BASIS 4,033
FOR A FINAL AND ENFORCEABLE DETERMINATION FINDING THE EXISTENCE 4,034
OF A FATHER AND CHILD RELATIONSHIP PURSUANT TO SECTION 3111.21 OR 4,035
3111.22 OF THE REVISED CODE. If
IF two or more conflicting presumptions arise under this 4,038
section, the court shall determine, based upon logic and policy 4,039
considerations, which presumption controls. 4,040
(C) A PRESUMPTION OF PATERNITY THAT AROSE PURSUANT TO THIS 4,042
SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT SHALL 4,043
REMAIN VALID ON AND AFTER THAT DATE UNLESS REBUTTED PURSUANT TO 4,044
DIVISION (B) OF THIS SECTION. 4,045
Sec. 3111.04. (A) An action to determine the existence or 4,054
nonexistence of the father and child relationship may be brought 4,055
by the child or the child's personal representative, the child's 4,056
mother or her personal representative, a man alleged or alleging 4,057
himself to be the child's father, the child support enforcement 4,058
agency of the county in which the child resides if the child's 4,059
mother is a recipient of public assistance as defined in section 4,060
2301.351 of the Revised Code or of services under Title IV-D of 4,061
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, 4,062
as amended, or the alleged father's personal representative. 4,063
94
(B) An agreement does not bar an action under this 4,065
section. 4,066
(C) If an action under this section is brought before the 4,068
birth of the child and if the action is contested, all 4,069
proceedings, except service of process and the taking of 4,070
depositions to perpetuate testimony, may be stayed until after 4,071
the birth. 4,072
(D) A recipient of public assistance as defined in section 4,074
2301.351 of the Revised Code or of services under Title IV-D of 4,075
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, 4,076
as amended, shall request the child support enforcement agency of 4,077
the county in which a child resides to make an administrative 4,078
determination of the existence or nonexistence of a parent and 4,079
child relationship between the father and the child pursuant to 4,080
section 3111.22 of the Revised Code before the recipient 4,081
commences an action to determine the existence or nonexistence of 4,082
that parent and child relationship. 4,083
(E) AS USED IN THIS SECTION, "PUBLIC ASSISTANCE" MEANS 4,085
MEDICAL ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE, 4,086
ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED CODE, OR DISABILITY 4,087
ASSISTANCE UNDER CHAPTER 5115. OF THE REVISED CODE. 4,088
Sec. 3111.07. (A) The natural mother, each man presumed 4,097
to be the father under section 3111.03 of the Revised Code, each 4,098
man alleged to be the natural father, and, if the party who 4,099
initiates the action is a recipient of public assistance as 4,100
defined in section 2301.351 3111.04 of the Revised Code or if the 4,102
responsibility for the collection of support for the child who is 4,103
the subject of the action has been assumed by the child support 4,104
enforcement agency under Title IV-D of the "Social Security Act," 4,105
88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child 4,106
support enforcement agency of the county in which the child 4,107
resides shall be made parties to the action brought pursuant to 4,108
sections 3111.01 to 3111.19 of the Revised Code or, if not 4,109
subject to the jurisdiction of the court, shall be given notice 4,110
95
of the action pursuant to the Rules of Civil Procedure and shall 4,111
be given an opportunity to be heard. The court may align the 4,112
parties. The child shall be made a party to the action unless a 4,113
party shows good cause for not doing so. Separate counsel shall 4,114
be appointed for the child if the court finds that the child's 4,115
interests conflict with those of the mother. 4,116
If the person bringing the action knows that a particular 4,118
man is not or, based upon the facts and circumstances present, 4,119
could not be the natural father of the child, the person bringing 4,120
the action shall not allege in the action that the man is the 4,121
natural father of the child and shall not make the man a party to 4,122
the action. 4,123
(B) If an action is brought pursuant to sections 3111.01 4,125
to 3111.19 of the Revised Code and the child to whom the action 4,126
pertains is or was being provided support by the department of 4,127
human services, a county department of human services, or another 4,128
public agency, the department, county department, or agency may 4,129
intervene for purposes of collecting or recovering the support. 4,130
Sec. 3111.09. (A)(1) In any action instituted under 4,139
sections 3111.01 to 3111.19 of the Revised Code, the court, upon 4,140
its own motion, may order and, upon the motion of any party to 4,141
the action, shall order the child's mother, the child, the 4,142
alleged father, and any other person who is a defendant in the 4,143
action to submit to genetic tests. If genetic tests are ordered 4,144
upon the motion of a party or the court, the court shall order 4,145
that the child's mother, the child, the alleged father, and any 4,146
other defendant submit to genetic testing. Instead of or in 4,147
addition to genetic testing ordered pursuant to this section, the 4,148
court may order the superintendent of the bureau of criminal 4,149
identification and investigation to disclose information 4,150
regarding a USE THE FOLLOWING INFORMATION TO DETERMINE THE 4,151
EXISTENCE OR A PARENT AND CHILD RELATIONSHIP BETWEEN THE CHILD 4,152
AND THE CHILD'S MOTHER, THE ALLEGED FATHER, OR ANOTHER DEFENDANT: 4,154
(a) A DNA record of the child's mother, the child, the 4,159
96
alleged father, or any other defendant that is stored in the DNA 4,160
database pursuant to section 109.573 of the Revised Code and may 4,161
use that information to determine the existence of a parent and
child relationship between the child and the child's mother, the 4,163
alleged father, or another defendant.; 4,164
(b) RESULTS OF GENETIC TESTS CONDUCTED ON THE CHILD, THE 4,167
CHILD'S MOTHER, THE ALLEGED FATHER, OR ANY OTHER DEFENDANT 4,168
PURSUANT TO SECTION 3111.21 OR 3111.22 OF THE REVISED CODE. 4,169
IF THE COURT INTENDS TO USE THE INFORMATION DESCRIBED IN 4,172
DIVISION (A)(1)(a) OF THIS SECTION, IT SHALL ORDER THE 4,173
SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND 4,174
INVESTIGATION TO DISCLOSE THE INFORMATION TO THE COURT. IF THE 4,175
COURT INTENDS TO USE THE GENETIC TEST RESULTS DESCRIBED IN 4,176
DIVISION (A)(1)(b) OF THIS SECTION, IT SHALL ORDER THE AGENCY 4,177
THAT ORDERED THE TESTS TO PROVIDE THE REPORT OF THE GENETIC TEST 4,178
RESULTS TO THE COURT.
(2) If the child support enforcement agency is not made a 4,181
party to the action, the clerk of the court shall schedule the 4,182
genetic testing no later than thirty days after the court issues 4,183
its order. If the agency is made a party to the action, the 4,184
agency shall schedule the genetic testing in accordance with the 4,185
rules adopted by the department of human services pursuant to 4,186
section 2301.35 of the Revised Code. If the alleged father of a 4,187
child brings an action under sections 3111.01 to 3111.19 of the 4,188
Revised Code and if the mother of the child willfully fails to 4,189
submit to genetic testing or if the mother is the custodian of 4,190
the child and willfully fails to submit the child to genetic 4,191
testing, the court shall issue an order determining the existence 4,192
of a parent and child relationship between the father and the 4,193
child without genetic testing. If the mother or other guardian 4,194
or custodian of the child brings an action under sections 3111.01 4,195
to 3111.19 of the Revised Code and if the alleged father of the 4,196
child willfully fails to submit himself to genetic testing or, if 4,197
the alleged father is the custodian of the child and willfully 4,198
97
fails to submit the child to genetic testing, the court shall 4,199
issue an order determining the existence of a parent and child 4,200
relationship between the father and the child without genetic 4,201
testing. If a party shows good cause for failing to submit to 4,202
genetic testing or for failing to submit the child to genetic 4,203
testing, the court shall not consider the failure to be willful. 4,204
Any
(3) EXCEPT AS PROVIDED IN DIVISION (A)(4) OF THIS SECTION, 4,207
ANY fees charged for the tests shall be paid by the party that 4,208
requests them, unless the custodian of the child is represented 4,209
by the child support enforcement agency in its role as the agency 4,210
providing enforcement of child support orders under Title IV-D of 4,211
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, 4,212
as amended, the custodian is a recipient of aid to dependent 4,213
children under Chapter 5107. of the Revised Code for the benefit 4,214
of the child, or the defendant in the action is found to be 4,215
indigent, in which case the child support enforcement agency 4,216
shall pay the costs of genetic testing. The child support 4,217
enforcement agency, within guidelines contained in that federal 4,218
law, shall use funds received pursuant to Title IV-D of the 4,219
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as 4,220
amended, to pay the fees charged for the tests. If 4,221
EXCEPT AS PROVIDED IN DIVISION (A)(4) OF THIS SECTION, IF 4,223
there is a dispute as to who shall pay the fees charged for 4,224
genetic testing, the child support enforcement agency shall pay 4,225
the fees, but neither the court nor the agency shall delay 4,226
genetic testing due to a dispute as to who shall pay the genetic 4,227
testing fees. The child support enforcement agency or the person 4,228
who paid the fees charged for the genetic testing may seek 4,229
reimbursement for the genetic testing fees from the person 4,230
against whom the court assesses the costs of the action. Any 4,231
funds used in accordance with this division by the child support 4,232
enforcement agency shall be in addition to any other funds that 4,233
the agency is entitled to receive as a result of any contractual 4,234
98
provision for specific funding allocations for the agency between 4,235
the county, the state, and the federal government. 4,236
(4) IF, PURSUANT TO SECTION 3111.21 OR 3111.22 OF THE 4,239
REVISED CODE, THE AGENCY HAS PREVIOUSLY CONDUCTED GENETIC TESTS 4,241
ON THE CHILD, CHILD'S MOTHER, ALLEGED FATHER, OR ANY OTHER 4,242
DEFENDANT AND THE CURRENT ACTION PURSUANT TO SECTION 3111.01 TO 4,243
3111.19 OF THE REVISED CODE HAS BEEN BROUGHT TO OBJECT TO THE 4,246
RESULT OF THOSE PREVIOUS TESTS, THE AGENCY SHALL NOT BE REQUIRED 4,247
TO PAY THE FEES FOR CONDUCTING GENETIC TESTS PURSUANT TO THIS 4,248
SECTION ON THE SAME PERSONS.
(B)(1) The genetic tests shall be made by qualified 4,250
examiners who are authorized by the court or the department of 4,251
human services. An examiner conducting a genetic test, upon the 4,252
completion of the test, shall send a complete report of the test 4,253
results to the clerk of the court that ordered the test or, if 4,254
the agency is a party to the action, to the child support 4,255
enforcement agency of the county in which the court that ordered
the test is located. 4,256
(2) If a court orders the superintendent of the bureau of 4,258
criminal identification and investigation to disclose information 4,259
regarding a DNA record stored in the DNA database pursuant to 4,260
section 109.573 of the Revised Code, the superintendent shall 4,261
send the information to the clerk of the court that issued the 4,263
order or, if the agency is a party to the action, to the child 4,264
support enforcement agency of the county in which the court that
issued the order is located. 4,265
(3) IF A COURT ORDERS THE CHILD SUPPORT ENFORCEMENT AGENCY 4,267
TO PROVIDE THE REPORT OF THE GENETIC TEST RESULTS OBTAINED 4,268
PURSUANT TO SECTION 3111.21 OR 3111.22 OF THE REVISED CODE, THE 4,269
AGENCY SHALL SEND THE INFORMATION TO THE CLERK OF THE COURT THAT 4,270
ISSUED THE ORDER.
(4) The clerk or agency that receives a report or 4,272
information pursuant to division (B)(1), (2), OR (3) of this 4,274
section shall mail a copy of the report or information to the 4,276
99
attorney of record for each party or, if a party is not 4,278
represented by an attorney, to the party. The clerk or agency
that receives a copy of the report or information shall include 4,279
with the report or information sent to an attorney of record of a 4,280
party or a party a notice that the party may object to the 4,281
admission into evidence of the report or information by filing a 4,282
written objection as described in division (D) of section 3111.12 4,283
of the Revised Code with the court that ordered the tests or 4,284
ordered the disclosure of the information no later than fourteen 4,285
days after the report or information was mailed to the attorney 4,287
of record or to the party. The examiners may be called as 4,288
witnesses to testify as to their findings. Any party may demand 4,289
that other qualified examiners perform independent genetic tests 4,290
under order of the court. The number and qualifications of the 4,291
independent examiners shall be determined by the court. 4,292
(C) Nothing in this section prevents any party to the 4,294
action from producing other expert evidence on the issue covered 4,295
by this section, but, if other expert witnesses are called by a 4,296
party to the action, the fees of these expert witnesses shall be 4,297
paid by the party calling the witnesses and only ordinary witness 4,298
fees for these expert witnesses shall be taxed as costs in the 4,299
action. 4,300
(D) If the court finds that the conclusions of all the 4,302
examiners are that the alleged father is not the father of the 4,303
child, the court shall enter judgment that the alleged father is 4,304
not the father of the child. If the examiners disagree in their 4,305
findings or conclusions, the court or jury shall determine the 4,306
father of the child based upon all the evidence. 4,307
(E) As used in sections 3111.01 to 3111.29 of the Revised 4,309
Code:
(1) "Genetic tests" and "genetic testing" mean either of 4,311
the following:
(a) Tissue or blood tests, including tests that identify 4,315
the presence or absence of common blood group antigens, the red 4,316
100
blood cell antigens, human lymphocyte antigens, serum enzymes, 4,317
serum proteins, or genetic markers; 4,318
(b) Deoxyribonucleic acid typing of blood or buccal cell 4,320
samples.
"Genetic test" and "genetic testing" may include the typing 4,322
and comparison of deoxyribonucleic acid derived from the blood of 4,323
one individual and buccal cells of another. 4,324
(2) "DNA record" and "DNA database" have the same meanings 4,327
as in section 109.573 of the Revised Code.
Sec. 3111.111. IF AN ACTION IS BROUGHT PURSUANT TO 4,329
SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE TO OBJECT TO A 4,331
DETERMINATION MADE PURSUANT TO SECTION 3111.21 OR 3111.22 OF THE 4,332
REVISED CODE THAT THE ALLEGED FATHER IS THE NATURAL FATHER OF A 4,335
CHILD, THE COURT, ON ITS OWN MOTION OR ON THE MOTION OF EITHER 4,336
PARTY, SHALL ISSUE A TEMPORARY ORDER FOR THE SUPPORT OF THE CHILD 4,337
PURSUANT TO SECTION 3113.21 TO 3113.219 OF THE REVISED CODE 4,338
REQUIRING THE ALLEGED FATHER TO PAY SUPPORT TO THE NATURAL MOTHER 4,340
OR THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD. THE ORDER SHALL 4,341
REMAIN IN EFFECT UNTIL THE COURT ISSUES A JUDGMENT IN THE ACTION 4,342
PURSUANT TO SECTION 3111.13 OF THE REVISED CODE THAT DETERMINES 4,343
THE EXISTENCE OR NONEXISTENCE OF A FATHER AND CHILD RELATIONSHIP. 4,344
IF THE COURT, IN ITS JUDGMENT, DETERMINES THAT THE ALLEGED FATHER 4,346
IS NOT THE NATURAL FATHER OF THE CHILD, THE COURT SHALL ORDER THE 4,347
PERSON TO WHOM THE TEMPORARY SUPPORT WAS PAID UNDER THE ORDER TO 4,348
REPAY THE ALLEGED FATHER ALL AMOUNTS PAID FOR SUPPORT UNDER THE 4,349
TEMPORARY ORDER.
Sec. 3111.12. (A) In an action under sections 3111.01 to 4,358
3111.19 of the Revised Code, the mother of the child and the 4,359
alleged father are competent to testify and may be compelled to 4,360
testify by subpoena. If a witness refuses to testify upon the 4,361
ground that the testimony or evidence of the witness might tend 4,362
to incriminate the witness and the court compels the witness to 4,363
testify, the court may grant the witness immunity from having the 4,364
testimony of the witness used against the witness in subsequent 4,365
101
criminal proceedings.
(B) Testimony of a physician concerning the medical 4,367
circumstances of the mother's pregnancy and the condition and 4,368
characteristics of the child upon birth is not privileged. 4,369
(C) Testimony relating to sexual access to the mother by a 4,371
man at a time other than the probable time of conception of the 4,372
child is inadmissible in evidence, unless offered by the mother. 4,373
(D) If, pursuant to section 3111.09 of the Revised Code, a 4,375
court orders genetic tests to be conducted or, orders disclosure 4,376
of information regarding a DNA record stored in the DNA database 4,378
pursuant to section 109.573 of the Revised Code, OR INTENDS TO 4,379
USE A REPORT OF GENETIC TEST RESULTS OBTAINED FROM TESTS
CONDUCTED PURSUANT TO SECTION 3111.21 OR 3111.22 OF THE REVISED 4,380
CODE, a party may object to the admission into evidence of the 4,381
report ANY of the GENETIC test results or of the DNA record 4,383
information by filing a written objection with the court that 4,385
ordered the tests or disclosure OR INTENDS TO USE A REPORT OF
GENETIC TEST RESULTS. The party shall file the written objection 4,387
with the court no later than fourteen days after the report of 4,388
the test results or the DNA record information is mailed to the 4,390
attorney of record of a party or to a party. The party making
the objection shall send a copy of the objection to all parties. 4,391
If a party files a written objection, the report of the 4,393
test results or the DNA record information shall be admissible 4,395
into evidence as provided by the Rules of Evidence. If a written
objection is not filed, the report of the test results or the DNA 4,396
record information shall be admissible into evidence without the 4,398
need for foundation testimony or other proof of authenticity or 4,399
accuracy.
(E) Any party to an action brought pursuant to sections 4,401
3111.01 to 3111.19 of the Revised Code may demand a jury trial by 4,402
filing the demand within three days after the action is set for 4,403
trial. If a jury demand is not filed within the three-day 4,404
period, the trial shall be by the court. 4,405
102
If the action is tried to a jury, the verdict of the jury 4,407
is limited only to the parentage of the child, and all other 4,408
matters involved in the action shall be determined by the court 4,409
following the rendering of the verdict INVOICES OR OTHER 4,411
DOCUMENTS SHOWING AMOUNTS EXPENDED TO COVER PREGNANCY AND
CONFINEMENT AND GENETIC TESTING COSTS ARE ADMISSIBLE INTO 4,412
EVIDENCE WITHOUT THE NEED FOR FOUNDATION TESTIMONY OR OTHER 4,413
EVIDENCE OF AUTHENTICITY OR ACCURACY. 4,414
(F) A juvenile court shall give priority to actions under 4,416
sections 3111.01 to 3111.19 of the Revised Code and shall issue 4,417
an order determining the existence or nonexistence of a parent 4,418
and child relationship no later than one hundred twenty days 4,419
after the date on which the action was brought in the juvenile 4,420
court. 4,421
Sec. 3111.13. (A) The judgment or order of the court 4,430
determining the existence or nonexistence of the parent and child 4,431
relationship is determinative for all purposes. 4,432
(B) If the judgment or order of the court is at variance 4,434
with the child's birth record, the court may order that a new 4,435
birth record be issued under section 3111.18 of the Revised Code. 4,436
(C) The judgment or order may contain any other provision 4,438
directed against the appropriate party to the proceeding, 4,439
concerning the duty of support, the furnishing of bond or other 4,440
security for the payment of the judgment, or any other matter in 4,441
the best interest of the child. The judgment or order shall 4,442
direct the father to pay all or any part of the reasonable 4,443
expenses of the mother's pregnancy and confinement. After entry 4,444
of the judgment or order, the father may petition that he be 4,445
designated the residential parent and legal custodian of the 4,446
child or for visitation rights in a proceeding separate from any 4,447
action to establish paternity. Additionally, if the mother is 4,448
unmarried, the father, the parents of the father, any relative of 4,449
the father, the parents of the mother, and any relative of the 4,450
mother may file a complaint pursuant to section 3109.12 of the 4,451
103
Revised Code requesting the granting under that section of 4,452
reasonable companionship or visitation rights with respect to the 4,453
child. 4,454
The judgment or order shall contain any provision required 4,456
by division (B) of section 3111.14 of the Revised Code. 4,457
(D) Support judgments or orders ordinarily shall be for 4,459
periodic payments that may vary in amount. In the best interest 4,460
of the child, a lump-sum payment or the purchase of an annuity 4,461
may be ordered in lieu of periodic payments of support. 4,462
(E) In determining the amount to be paid by a parent for 4,464
support of the child and the period during which the duty of 4,465
support is owed, a court enforcing the obligation of support 4,466
shall comply with sections 3113.21 to 3113.219 of the Revised 4,467
Code. 4,468
(F)(1) Each order for child support made or modified under 4,470
this section on or after December 31, 1993, shall include as part 4,471
of the order a general provision, as described in division (A)(1) 4,472
of section 3113.21 of the Revised Code, requiring the withholding 4,473
or deduction of wages INCOME or assets of the obligor under the 4,474
order as described in division (D) or (H) of section 3113.21 of 4,476
the Revised Code, or another type of appropriate requirement as 4,477
described in division (D)(6)(3), (D)(7)(4), or (H) of that 4,479
section, to ensure that withholding or deduction from the wages 4,480
INCOME or assets of the obligor is available from the 4,482
commencement of the support order for collection of the support 4,483
and of any arrearages that occur; a statement requiring all 4,484
parties to the order to notify the child support enforcement 4,485
agency in writing of their current mailing address, their current 4,486
residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT 4,487
DRIVER'S LICENSE NUMBER, and any changes in either address TO 4,488
THAT INFORMATION; and a notice that the requirement to notify the 4,490
agency of all changes in either address TO THAT INFORMATION
continues until further notice from the court. Any court that 4,492
makes or modifies an order for child support under this section 4,493
104
on or after April 12, 1990, shall comply with sections 3113.21 to 4,494
3113.219 of the Revised Code. If any person required to pay 4,495
child support under an order made under this section on or after 4,496
April 15, 1985, or modified on or after December 1, 1986, is 4,497
found in contempt of court for failure to make support payments 4,498
under the order, the court that makes the finding, in addition to 4,499
any other penalty or remedy imposed, shall assess all court costs 4,500
arising out of the contempt proceeding against the person and 4,501
require the person to pay any reasonable attorney's fees of any 4,502
adverse party, as determined by the court, that arose in relation 4,503
to the act of contempt. 4,504
(2) Notwithstanding section 3109.01 of the Revised Code, 4,506
if a court issues a child support order under this section, the 4,507
order shall remain in effect beyond the child's eighteenth 4,508
birthday as long as the child continuously attends on a full-time 4,509
basis any recognized and accredited high school. Any parent 4,510
ordered to pay support under a child support order issued under 4,511
this section shall continue to pay support under the order, 4,512
including during seasonal vacation periods, until the order 4,513
terminates. 4,514
(3) When a court determines whether to require a parent to 4,516
pay an amount for that parent's failure to support a child prior 4,517
to the date the court issues an order requiring that parent to 4,518
pay an amount for the current support of that child, it shall 4,519
consider all relevant factors, including, but not limited to, any 4,520
monetary contribution either parent of the child made to the 4,521
support of the child prior to the court issuing the order 4,522
requiring the parent to pay an amount for the current support of 4,523
the child. 4,524
(G) As used in this section, "birth record" has the same 4,526
meaning as in section 3705.01 of the Revised Code. 4,527
(H) ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE 4,529
EXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE 4,530
FULL NAMES, ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER 4,531
105
AND FATHER OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE 4,532
CHILD. 4,533
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 4,542
of the Revised Code: 4,543
(1) "Child support enforcement agency" has the same 4,545
meaning as in section 3111.21 of the Revised Code. 4,546
(2) "Obligor" means the person required to pay support 4,548
under an administrative support order. 4,549
(3) "Obligee" means the person entitled to receive the 4,551
support payments under an administrative support order. 4,552
(4) "Administrative support order" means an administrative 4,554
order for the payment of support that is issued by a child 4,555
support enforcement agency. 4,556
(5) "Support" means child support. 4,558
(6) "Personal earnings" means compensation paid or payable 4,560
for personal services, however denominated, and includes, but is 4,561
not limited to, wages, salary, commissions, bonuses, draws 4,562
against commissions, profit sharing, and vacation pay. 4,563
(7) "Financial institution" means a bank, savings and loan 4,565
association, or credit union, or a regulated investment company 4,566
or mutual fund in which a person who is required to pay support 4,567
has funds on deposit that are not exempt under the law of this 4,568
state or the United States from execution, attachment, or other 4,569
legal process. 4,570
(8) "Title IV-D case" means any case in which the child 4,572
support enforcement agency is enforcing the support order 4,573
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 4,574
2351 (1975), 42 U.S.C. 651, as amended. 4,575
(9) "PAYOR" MEANS ANY PERSON OR ENTITY THAT DISTRIBUTES 4,578
INCOME TO AN OBLIGOR INCLUDING, THE OBLIGOR, IF THE OBLIGOR IS 4,579
SELF EMPLOYED; AN EMPLOYER; AN EMPLOYER THAT IS PAYING THE 4,580
OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC EMPLOYEES 4,581
RETIREMENT BOARD; THE GOVERNING ENTITY OF ANY MUNICIPAL 4,582
RETIREMENT SYSTEM; THE BOARD OF TRUSTEES OF THE POLICE AND 4,583
106
FIREMEN'S DISABILITY AND PENSION FUND; THE STATE TEACHERS 4,584
RETIREMENT BOARD; THE SCHOOL EMPLOYEES RETIREMENT BOARD; THE 4,585
STATE HIGHWAY PATROL RETIREMENT BOARD; A PERSON PAYING OR 4,586
OTHERWISE DISTRIBUTING AN OBLIGOR'S INCOME; THE BUREAU OF 4,587
WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY. 4,588
(10) "INCOME" MEANS ANY FORM OF MONETARY PAYMENT 4,590
INCLUDING, PERSONAL EARNINGS; WORKERS' COMPENSATION PAYMENTS; 4,591
PENSIONS; ANNUITIES; ALLOWANCES; RETIREMENT BENEFITS; DISABILITY 4,593
OR SICK PAY; INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, 4,594
STATE, OR LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE 4,595
BENEFITS CAN BE WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE 4,596
BENEFITS; ANY FORM OF TRUST FUND OR ENDOWMENT; LUMP-SUM PAYMENTS; 4,597
AND ANY OTHER MONETARY PAYMENTS.
(B) A man who is presumed to be the natural father of a 4,600
child pursuant to section 3111.03 of the Revised Code assumes the 4,601
parental duty of support with respect to the child. 4,602
(C) Notwithstanding section 3109.01 of the Revised Code, a 4,604
parent's duty of support for a child shall continue beyond the 4,605
age of majority as long as the child continuously attends on a 4,606
full-time basis any recognized and accredited high school. The 4,607
parental duty of support shall continue during seasonal 4,608
vacations. 4,609
A parent, guardian, or legal custodian of a child, the 4,611
person with whom the child resides, or the child support 4,612
enforcement agency of the county in which the child, parent, 4,613
guardian, or legal custodian of the child resides may file a 4,615
complaint pursuant to section 2151.231 of the Revised Code in the 4,616
juvenile court of that county requesting the court to order a 4,617
parent who neglects or does not assume the parental duty of 4,618
support to pay an amount for the support of the child and to 4,619
provide for the health care needs of the child AND TO PROVIDE FOR 4,620
THE HEALTH CARE NEEDS OF THE CHILD, may contact a child support 4,621
enforcement agency for assistance in obtaining the order, or may 4,622
request an administrative officer of a child support enforcement 4,623
107
agency to issue an administrative order for the payment of child 4,624
support AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD 4,625
pursuant to division (D) of this section. Upon the filing of the 4,627
complaint or the making of the request, the court shall issue an 4,628
order requiring the payment of support for the child AND 4,629
PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD, pursuant to
section 2151.231 of the Revised Code, or the administrative 4,631
officer, pursuant to division (D) of this section, shall issue an 4,632
order requiring the payment of support for the child AND
PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD. 4,633
A party to a request made under this division may raise the 4,635
issue of the existence or nonexistence of a parent-child 4,636
relationship between the presumed natural father and the child. 4,637
If a request is made for an administrative order of PROVIDING FOR 4,638
support AND HEALTH CARE NEEDS pursuant to division (D) of this 4,639
section and the issue of the existence or nonexistence of a 4,640
parent-child relationship is raised, the administrative officer 4,641
shall treat the request as a request made pursuant to section 4,642
3111.22 of the Revised Code and determine the issue pursuant to
that section. The administrative officer may issue an order 4,644
pursuant to division (D) of this section if the administrative 4,645
proceeding terminates before a determination of the existence or 4,646
nonexistence of a parent-child relationship is made and the 4,647
termination is due to the presumed natural father's failure to 4,648
sign an acknowledgment of paternity, sign an agreement to be 4,649
bound by OBJECTION TO the results of genetic testing, or appear 4,651
at the administrative hearing without showing good cause for the 4,653
failure to appear, or the proceedings terminate because of the 4,654
presumed natural father's failure to submit to genetic testing or 4,655
submit the child to genetic testing. An administrative order 4,656
issued pursuant to division (D) of this section does not preclude 4,657
a party from requesting a determination of the issue of the 4,658
existence or nonexistence of a parent-child relationship pursuant 4,659
to this chapter if the issue is not determined with respect to 4,660
108
the party in the proceedings conducted pursuant to division (D) 4,661
of this section. An order issued pursuant to division (D) of 4,662
this section shall remain effective until a final and enforceable 4,663
determination is made pursuant to this chapter that a
parent-child relationship does not exist between the presumed 4,664
natural father and the child or until the occurrence of an event 4,665
described in division (E)(4)(a) of section 3111.23 of the Revised 4,666
Code that requires the order to be terminated. 4,667
(D) If a request is made pursuant to division (C) of this 4,669
section for an administrative order requiring the payment of 4,670
child support AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE 4,671
CHILD, the administrative officer shall schedule an 4,672
administrative hearing to determine, in accordance with sections 4,673
3111.23 to 3111.29 and 3113.215 of the Revised Code, the amount 4,674
of child support either parent is required to pay and, the method 4,676
of paying that child support, AND THE METHOD OF PROVIDING FOR THE 4,677
CHILD'S HEALTH CARE. The hearing shall be held not later than 4,679
sixty days after the issuance of the administrative order nor 4,680
earlier than thirty days after the officer gives the mother and 4,681
father of the child notice of the action. When an administrative 4,682
officer issues an administrative order for the payment of support 4,683
AND PROVISION FOR THE CHILD'S HEALTH CARE, all of the following 4,684
apply:
(1) An THE administrative SUPPORT order for the payment of 4,687
support ordinarily shall be for REQUIRE periodic payments OF 4,688
SUPPORT that may vary in amount. In, EXCEPT THAT, IF IT IS IN 4,690
the best interest of the child, the administrative officer may 4,692
order a lump sum payment or the purchase of an annuity in lieu of 4,693
periodic payments of support.
(2) THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE 4,695
PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN 4,696
ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE. 4,697
The administrative SUPPORT order for the payment of support 4,700
shall include a notice stating that the mother or the father may 4,701
109
object to the administrative order by bringing an action for the
payment of support AND PROVISION FOR THE CHILD'S HEALTH CARE 4,702
under section 2151.321 of the Revised Code in the juvenile court 4,704
of the county in which the child or the guardian or legal 4,705
custodian of the child resides, that the action may be brought no 4,706
later than thirty days after the date of the issuance of the 4,707
administrative SUPPORT order requiring the payment of child 4,708
support, and that, if neither the mother nor the father brings an 4,709
action for the payment of support AND PROVISION FOR THE CHILD'S
HEALTH CARE within that thirty-day period, the administrative 4,711
SUPPORT order requiring the payment of support is final and 4,713
enforceable by a court and may be modified and enforced only AS 4,714
PROVIDED in accordance with sections 3111.20 to 3111.28 and 4,715
3113.21 to 3113.219 of the Revised Code. 4,716
Sec. 3111.21. (A)(1) If the alleged father and the 4,725
natural mother of a child both sign a voluntary agreement to 4,726
genetic testing stating that they agree to be bound by the 4,727
results of genetic testing performed by an examiner authorized by 4,728
the department of human services and if they file the agreement 4,729
with a child support enforcement agency, the administrative 4,730
officer shall schedule a date and time for the mother, the child, 4,731
and the alleged father to submit to genetic testing in accordance 4,732
with the rules adopted by the department of human services 4,733
pursuant to section 2301.35 of the Revised Code. If the natural 4,734
mother and the alleged father both sign a voluntary agreement to 4,735
genetic testing, all THE EXAMINER SHALL CONDUCT THE GENETIC TESTS 4,737
AND, ON THEIR COMPLETION, SEND A COMPLETE REPORT OF THE TEST 4,738
RESULTS TO THE AGENCY. THE ADMINISTRATIVE OFFICER SHALL DO ONE 4,739
of the following apply:
(a) If the results of the genetic testing show a 4,741
ninety-five per cent or greater probability that the alleged 4,742
father is the natural father of the child, the administrative 4,743
officer of the agency shall issue an administrative order that 4,744
the alleged father is the father of the child who is the subject 4,745
110
of the proceeding. 4,746
(b) If the results of genetic testing show less than a 4,748
ninety-five per cent probability that the alleged father is the 4,749
natural father of the child but do not exclude the alleged father 4,750
from being the natural father of the child, the administrative 4,751
officer shall issue an administrative order stating that it is 4,752
inconclusive whether the alleged father is the natural father of 4,753
the child. 4,754
(c) If the results of the genetic testing exclude the 4,756
alleged father from being the natural father of the child, the 4,757
administrative officer shall issue an administrative order that 4,758
the alleged father is not the father of the child who is the 4,759
subject of the proceeding. 4,760
(d) An administrative officer who issues an administrative 4,763
order determining the existence or nonexistence of a parent and 4,764
child relationship pursuant to this section shall include in the 4,765
administrative order a notice that both the mother and the 4,766
alleged father may object to the determination by bringing, 4,767
within thirty days after the date the administrative officer 4,768
issued the order, an action under sections 3111.01 to 3111.19 of 4,769
the Revised Code in the juvenile court in the county in which the 4,770
alleged father, the mother, the child, or the guardian or 4,771
custodian of the child resides and that, if neither brings an 4,772
action within that thirty-day period, the administrative order is 4,773
final and enforceable by a court.
(2) The mother or the alleged father of a child may object 4,775
to any administrative order issued by an administrative officer 4,776
pursuant to division (A) of this section by bringing an action to 4,777
determine the existence or nonexistence of a parent and child 4,778
relationship in the juvenile court of the county in which the 4,779
child or the guardian or legal custodian of the child resides. 4,780
The action shall be brought within thirty days after the date the 4,781
administrative order is issued. If neither the mother nor the 4,782
alleged father brings an action to object to the administrative 4,783
111
order, the administrative order is final and enforceable by a 4,784
court.
(B) If an administrative officer issues an administrative 4,786
order pursuant to division (A)(1)(a) of this section, the 4,787
administrative officer shall schedule an administrative hearing 4,788
to determine, in accordance with sections 3111.23 to 3111.29 and 4,789
3113.215 of the Revised Code, the amount of child support either 4,790
parent is required to pay and, the method of paying that child 4,791
support, AND THE METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE. 4,793
The hearing shall be held not later than sixty days after the 4,794
issuance of the administrative order nor earlier than thirty days 4,795
after the officer gives the mother and father of the child notice 4,796
of the action. When an administrative officer issues an 4,797
administrative order for the payment of support AND PROVISION FOR
THE CHILD'S HEALTH CARE, all of the following apply: 4,798
(1) An THE administrative SUPPORT order for the payment of 4,801
support ordinarily shall be for REQUIRE periodic payments OF 4,802
SUPPORT that may vary in amount. In, EXCEPT THAT, IF IT IS IN 4,803
the best interest of the child, the administrative officer may 4,805
order a lump sum payment or the purchase of an annuity in lieu of 4,806
periodic payments of support.
(2) THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE 4,808
PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN 4,809
ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE. 4,810
(3) The administrative SUPPORT order for the payment of 4,812
support shall include a notice stating that the mother or the 4,814
father may object to the administrative order by bringing an 4,815
action for the payment of support AND PROVISION FOR THE CHILD'S 4,816
HEALTH CARE under section 2151.231 of the Revised Code in the 4,818
juvenile court of the county in which the child, the mother, or 4,819
the alleged father resides or is found, that the action may be
brought no later than thirty days after the date of the issuance 4,820
of the administrative SUPPORT order requiring the payment of 4,821
child support, and that, if neither the mother nor the father 4,822
112
brings an action for the payment of support AND PROVISION FOR THE 4,823
CHILD'S HEALTH CARE within that thirty-day period, the 4,825
administrative SUPPORT order requiring the payment of support is 4,826
final and enforceable by a court and may be modified and enforced 4,827
only AS PROVIDED in accordance with sections 3111.20 to 3111.28 4,828
and 3113.21 to 3113.219 of the Revised Code. 4,829
(C) ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE 4,831
EXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE 4,832
FULL NAMES, ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER 4,833
AND FATHER OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE 4,834
CHILD. 4,835
Sec. 3111.22. (A)(1) Except as otherwise provided in 4,844
division (A)(2) of this section, no person may bring an action 4,845
under sections 3111.01 to 3111.19 of the Revised Code before 4,846
requesting an administrative determination of the existence or 4,847
nonexistence of a parent and child relationship from the child 4,848
support enforcement agency of the county in which the child or 4,849
the guardian or legal custodian of the child resides. 4,850
(2) If the alleged father of a child is deceased and 4,852
proceedings for the probate of the estate of the alleged father 4,853
have been or can be commenced, the court with jurisdiction over 4,854
the probate proceedings shall retain jurisdiction to determine 4,855
the existence or nonexistence of a parent and child relationship 4,856
between the alleged father and any child without an 4,857
administrative determination being requested from a child support 4,858
enforcement agency. If an action for divorce, dissolution of 4,859
marriage, or legal separation, or an action under section 4,860
2151.231 of the Revised Code requesting an order requiring the 4,861
payment of child support AND PROVISION FOR THE HEALTH CARE OF A 4,862
CHILD, has been filed in a court of common pleas and a question 4,864
as to the existence or nonexistence of a parent and child 4,865
relationship arises, the court in which the original action was 4,866
filed shall retain jurisdiction to determine the existence or 4,867
nonexistence of the parent and child relationship without an 4,868
113
administrative determination being requested from a child support 4,869
enforcement agency. If a juvenile court issues a support order 4,870
under section 2151.231 of the Revised Code relying on a 4,871
presumption under section 3111.03 of the Revised Code, the 4,872
juvenile court that issued the support order shall retain 4,874
jurisdiction if a question as to the existence of a parent and 4,875
child relationship arises.
(B) Except as provided in division (A)(2) of this section, 4,877
before a person brings an action pursuant to sections 3111.01 to 4,878
3111.19 of the Revised Code to determine the existence or 4,879
nonexistence of a parent and child relationship, the person shall 4,881
request the child support enforcement agency of the county in 4,882
which the child or the guardian or legal custodian of the child 4,883
resides to determine the existence or nonexistence of a parent 4,884
and child relationship between the alleged father and the child. 4,885
If more than one agency receives a request pursuant to this 4,886
section, the agency that receives the request first shall proceed 4,887
with the request. The request shall contain all of the following 4,888
information: 4,889
(1) The name, birthdate, and current address of the 4,891
alleged father of the child; 4,892
(2) The name, social security number, and current address 4,894
of the mother of the child; 4,895
(3) The name and last known address of the alleged father 4,897
of the child. 4,898
(C)(1) Upon receiving a request for a determination of the 4,900
existence or nonexistence of a parent and child relationship in 4,901
accordance with division (B) of this section, the agency shall 4,902
schedule a hearing before an administrative officer to determine 4,903
whether the natural mother and the alleged natural father would 4,904
voluntarily sign an acknowledgment of paternity or agree to be 4,905
bound to the results of genetic testing. The hearing shall be 4,906
held no later than sixty days after the date on which the request 4,907
was received and no earlier than thirty days after the date the 4,908
114
agency provides notice of the hearing to the mother and the 4,909
alleged father ASSIGN AN ADMINISTRATIVE OFFICER TO CONSIDER THE 4,910
REQUEST. THE ADMINISTRATIVE OFFICER SHALL ISSUE AN ORDER 4,912
REQUIRING THE CHILD, THE MOTHER, AND THE ALLEGED FATHER TO SUBMIT 4,913
TO GENETIC TESTING. IN THE ORDER, THE AGENCY SHALL SCHEDULE THE 4,914
GENETIC TESTS FOR THE MOTHER, ALLEGED FATHER, AND CHILD ON A DATE 4,915
THAT IS NO LATER THAN FIFTEEN DAYS AFTER THE ORDER IS ISSUED AND 4,916
SHALL REQUIRE THE TESTS TO BE CONDUCTED IN ACCORDANCE WITH THE 4,917
RULES ADOPTED BY THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO 4,918
SECTION 2301.35 OF THE REVISED CODE. 4,919
After scheduling the hearing, the THE agency shall give 4,921
ATTACH A notice TO THE ORDER AND SEND BOTH in accordance with the 4,923
Rules of Civil Procedure to the mother and the alleged father 4,925
stating. THE NOTICE SHALL STATE all of the following: 4,926
(a) That the agency has been requested to determine the 4,928
existence of a parent and child relationship between a child and 4,929
the alleged named father; 4,930
(b) The name and birthdate of the child of which the man 4,932
is alleged to be the natural father; 4,933
(c) The name of the mother and the alleged natural father; 4,935
(d) The rights and responsibilities of a parent; 4,937
(e) That the person served with notice must appear at the 4,939
administrative hearing at the date, time, and location set forth 4,940
in the notice, that all interested persons will have the 4,941
opportunity to produce evidence proving or disproving the 4,942
allegation, and that the child, the mother, and the alleged 4,943
father may be required to MUST submit to genetic testing at the 4,944
DATE, time of the hearing, AND PLACE DETERMINED BY THE AGENCY IN 4,946
THE ORDER ISSUED PURSUANT TO DIVISION (C)(1) OF THIS SECTION; 4,947
(f) That any person served with notice has the right to 4,949
bring legal counsel to the THE administrative hearing PROCEDURE 4,951
FOR DETERMINING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP. 4,952
(2) If both the mother and the alleged father attend the 4,954
hearing scheduled under division (C)(1) of this section, the 4,955
115
administrative officer shall do both of the following: 4,956
(a) Explain the allegation, the administrative procedure 4,958
for determining the existence of a parent and child relationship, 4,959
and the rights and responsibilities of a parent to a child; 4,960
(b) Explain that the mother and the alleged father have 4,962
the right to not dispute the allegation and sign an 4,963
acknowledgment of paternity acknowledging that the child is the 4,964
child of the alleged father and agree that the father will assume 4,965
the parental duty of support. 4,966
(3) If both the mother and the alleged father sign an 4,968
acknowledgment of paternity, the administrative officer shall 4,969
issue an administrative order that the alleged father is the 4,970
father of the child who is the subject of the proceeding. The 4,971
order shall include any information that the department requires 4,972
pursuant to section 2301.35 of the Revised Code and shall include 4,973
a statement that the mother and father may object to the 4,974
determination by bringing an action under sections 3111.01 to 4,975
3111.19 of the Revised Code within thirty days after the date the 4,976
administrative officer issued the administrative order 4,977
determining the existence of a parent and child relationship 4,978
between the alleged natural father and the child. 4,979
(4) If an administrative officer issues an administrative 4,981
order determining the existence of a parent and child 4,982
relationship pursuant to division (C)(3) of this section or if an 4,983
acknowledgment of paternity is filed pursuant to section 2105.18 4,984
of the Revised Code and one of the parents named on the 4,985
acknowledgment of paternity requests an administrative officer to 4,986
issue an administrative order requiring the payment of child 4,987
support, the administrative officer shall schedule an 4,988
administrative hearing to determine, in accordance with sections 4,989
3111.23 to 3111.29 and 3113.215 of the Revised Code, the amount 4,991
of child support any parent is required to pay and the method of 4,992
payment of the child support. The hearing shall be held no later 4,993
than sixty days after the date of the issuance of the order and 4,994
116
no earlier than thirty days after the date the agency gives the 4,995
mother and the father notice of the administrative hearing. When 4,996
an administrative officer issues an administrative order for the 4,997
payment of support, all of the following apply: 4,998
(a) An administrative order for the payment of support 5,000
ordinarily shall be for periodic payments that may vary in 5,001
amount. In the best interest of the child, the administrative 5,002
officer may order a lump sum payment or the purchase of an 5,003
annuity in lieu of periodic payments of support. 5,004
(b) The administrative order for the payment of support 5,006
shall include a notice stating that the mother or the father may 5,007
object to an administrative order by bringing an action for the 5,008
payment of support under section 2151.231 of the Revised Code in 5,009
the juvenile court of the county in which the child or the 5,010
guardian or legal custodian of the child resides, that the action 5,011
may be brought no later than thirty days after the date of the 5,012
issuance of the administrative order requiring the payment of 5,013
child support, and that, if neither the mother nor the father 5,014
brings an action for the payment of support within that 5,015
thirty-day period, the administrative order requiring the payment 5,016
of support is final and enforceable by a court and may be 5,017
modified and enforced only in accordance with sections 3111.20 to 5,019
3111.28 and 3113.21 to 3113.219 of the Revised Code. 5,020
(5)(a) If both the mother and the alleged father attend 5,022
the administrative hearing scheduled under division (C)(1) of 5,023
this section but do not sign an acknowledgment of paternity, the 5,024
administrative officer shall explain to the mother and the father 5,025
that they have the right to agree to be bound by the results of 5,026
genetic testing, that, if they agree to be bound by genetic 5,027
testing and the results show a ninety-five per cent or greater 5,028
probability that the alleged father is the natural father of the 5,029
child, the administrative officer will issue an administrative 5,030
order that the alleged father is the father of the child, that, 5,031
if the results of the genetic testing show a less than 5,032
117
ninety-five per cent probability that the alleged father is the 5,033
natural father of the child but do not exclude the alleged father 5,034
as the natural father of the child, the administrative officer 5,035
will issue an administrative order stating that it is 5,036
inconclusive whether the alleged father is the natural father of 5,037
the child, and that if the results show that the alleged father 5,038
is excluded as the natural father of the child, the 5,039
administrative officer will issue an administrative order that 5,040
the alleged father is not the father of the child. 5,041
(b) If both the mother and the alleged father sign a 5,043
voluntary agreement to genetic testing stating that they agree to 5,044
be bound by the results of genetic testing performed by an 5,045
examiner authorized by the department of human services and that 5,046
they waive any right to a jury trial, the administrative officer 5,047
shall schedule a date and time for the mother, the child, and the 5,048
alleged father to submit to genetic testing in accordance with 5,049
the rules adopted by the department of human services pursuant to 5,050
section 2301.35 of the Revised Code. If the natural mother and 5,051
the alleged father both sign a voluntary agreement to genetic 5,052
testing, all THE GENETIC TESTING SHALL BE CONDUCTED BY A 5,055
QUALIFIED EXAMINER AUTHORIZED BY THE DEPARTMENT OF HUMAN 5,056
SERVICES. ON COMPLETION OF THE GENETIC TESTS, THE EXAMINER SHALL 5,057
SEND A COMPLETE REPORT OF THE TEST RESULTS TO THE AGENCY. THE 5,058
ADMINISTRATIVE OFFICER SHALL DO ONE of the following apply: 5,059
(i)(a) If the results of the genetic testing show a 5,061
ninety-five per cent or greater probability that the alleged 5,062
father is the natural father of the child, the administrative 5,063
officer of the agency shall issue an administrative order that 5,064
the alleged father is the father of the child who is the subject 5,065
of the proceeding. 5,066
(ii)(b) If the results of genetic testing show less than a 5,068
ninety-five per cent probability that the alleged father is the 5,069
natural father of the child but do not exclude the alleged father 5,070
from being the natural father of the child, the administrative 5,071
118
officer shall issue an administrative order stating that it is 5,072
inconclusive whether the alleged father is the natural father of 5,073
the child. 5,074
(iii)(c) If the results of the genetic testing exclude the 5,076
alleged father from being the natural father of the child, the 5,077
administrative officer shall issue an administrative order that 5,078
the alleged father is not the father of the child who is the 5,079
subject of the proceeding. 5,080
(iv) AN ADMINISTRATIVE OFFICER SHALL INCLUDE WITH ANY 5,082
ORDER THE OFFICER ISSUES PURSUANT TO DIVISION (C)(2)(a), (b), OR 5,084
(c) OF THIS SECTION A NOTICE THAT CONTAINS THE INFORMATION 5,085
DESCRIBED IN DIVISION (D) OF THIS SECTION INFORMING THE MOTHER, 5,086
FATHER, AND THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD OF THE 5,087
RIGHT TO OBJECT TO THE ORDER. 5,088
(D) When an administrative officer issues an 5,090
administrative order determining the existence or nonexistence of 5,091
a parent and child relationship pursuant to this section, the 5,092
officer shall include in the administrative order a notice that 5,093
both the mother and the, alleged father, AND THE GUARDIAN OR 5,094
LEGAL CUSTODIAN OF THE CHILD may object to the determination by 5,095
bringing, within thirty days after the date the administrative 5,096
officer issued the order, an action under sections 3111.01 to 5,097
3111.19 of the Revised Code in the juvenile court in the county 5,098
in which the alleged father, the mother, the child, or the 5,099
guardian or custodian of the child resides and that if neither 5,100
brings. IF THE MOTHER, ALLEGED FATHER, OR GUARDIAN OR LEGAL 5,101
CUSTODIAN DOES NOT BRING an action within that thirty-day period, 5,102
the administrative order is final and enforceable by a court. 5,103
(c)(E)(1) If an administrative officer issues an 5,105
administrative order determining the existence of a parent and 5,107
child relationship between the alleged father and the child, the 5,108
administrative officer shall schedule an administrative hearing 5,109
to determine, in accordance with sections 3111.23 to 3111.29 and 5,111
3113.215 of the Revised Code, the amount of child support any
119
parent is required to pay and, the method of payment of child 5,112
support, AND THE METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE. 5,114
The hearing shall be held no later than sixty days after the date 5,115
of the issuance of the order and no earlier than thirty days 5,116
after the date the administrative officer gives the mother and 5,117
the father notice of the administrative hearing. WHEN AN
ADMINISTRATIVE OFFICER ISSUES AN ADMINISTRATIVE ORDER FOR THE 5,119
PAYMENT OF SUPPORT AND PROVISION FOR THE CHILD'S HEALTH CARE, ALL 5,120
OF THE FOLLOWING APPLY:
(a) THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE 5,122
PERIODIC PAYMENTS OF SUPPORT THAT MAY VARY IN AMOUNT, EXCEPT 5,123
THAT, IF IT IS IN THE BEST INTEREST OF THE CHILD, THE 5,124
ADMINISTRATIVE OFFICER MAY ORDER A LUMP-SUM PAYMENT OR THE 5,125
PURCHASE OF AN ANNUITY IN LIEU OF PERIODIC PAYMENTS OF SUPPORT. 5,127
(b) THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE 5,130
PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN
ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE. 5,133
(c) THE ADMINISTRATIVE SUPPORT ORDER SHALL INCLUDE A 5,136
NOTICE INFORMING THE MOTHER AND FATHER OF THE RIGHT TO OBJECT TO 5,137
THE ORDER AND CONTAINING THE INFORMATION DESCRIBED IN DIVISION 5,138
(E)(2) OF THIS SECTION. 5,139
(d)(2) The mother or the father may object to the 5,141
administrative order by bringing an action for the payment of 5,142
support AND PROVISION FOR THE CHILD'S HEALTH CARE under section 5,143
2151.231 of the Revised Code in the juvenile court of the county 5,145
in which the child or the guardian or legal custodian of the 5,146
child resides. The action shall be brought no later than thirty 5,147
days after the date of the issuance of the administrative SUPPORT 5,148
order requiring the payment of child support. If neither the 5,149
mother nor the father brings an action for the payment of support 5,150
AND PROVISION FOR THE CHILD'S HEALTH CARE within that thirty-day 5,151
period, the administrative SUPPORT order requiring the payment of 5,152
support is final and enforceable by a court and may be modified 5,153
and enforced only AS PROVIDED in accordance with sections 3111.20 5,154
120
to 3111.28 and 3113.21 to 3113.219 of the Revised Code. 5,156
(e)(F)(1) If the alleged natural father or the natural 5,158
mother willfully fails to submit to genetic testing or if either 5,159
parent or any other person who is the custodian of the child 5,160
willfully fails to submit the child to genetic testing, the 5,161
agency shall enter an administrative order stating that it is 5,162
inconclusive as to whether the alleged natural father is the 5,163
natural father of the child and shall provide notice to the 5,164
parties that THEY MAY OBJECT TO THE ORDER BY BRINGING an action 5,165
may be brought under sections 3111.01 to 3111.19 of the Revised 5,166
Code to establish a parent and child relationship. 5,167
(2) IF THE NATURAL MOTHER WILLFULLY FAILS TO SUBMIT TO 5,169
GENETIC TESTING OR THE NATURAL MOTHER OR ANY OTHER PERSON WHO IS 5,170
THE CUSTODIAN OF THE CHILD OTHER THAN THE ALLEGED FATHER 5,171
WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, THE 5,172
AGENCY SHALL ENTER AN ADMINISTRATIVE ORDER STATING THAT IT IS 5,173
INCONCLUSIVE AS TO WHETHER THE ALLEGED NATURAL FATHER IS THE 5,174
NATURAL FATHER OF THE CHILD AND SHALL PROVIDE NOTICE TO THE 5,175
PARTIES THAT AN ACTION MAY BE BROUGHT UNDER SECTIONS 3111.01 TO 5,176
3111.19 OF THE REVISED CODE TO ESTABLISH A PARENT AND CHILD 5,177
RELATIONSHIP. 5,178
(6) If the mother and the alleged father both do not sign 5,180
an acknowledgment of paternity or an agreement to be bound by the 5,181
results of genetic testing or if either the mother or the natural 5,182
father does not appear at the administrative hearing and does not 5,183
show good cause why he or she did not appear at the 5,184
administrative hearing, the agency shall deny and dismiss the 5,185
request for an administrative determination of the existence or 5,186
nonexistence of a parent and child relationship and inform the 5,187
mother and the alleged father that they may bring an action under 5,188
sections 3111.01 to 3111.19 of the Revised Code to determine the 5,189
existence of a parent and child relationship. 5,190
(D)(1) The guardian or legal custodian of a child may 5,192
object to an administrative officer's determination of the 5,193
121
existence or nonexistence of a parent and child relationship by 5,194
bringing an action under sections 3111.01 to 3111.19 of the 5,195
Revised Code in the juvenile court of the county in which the 5,196
child, the mother, or the alleged father resides or is found to 5,197
determine the existence or nonexistence of a parent and child 5,198
relationship. The action shall be brought no later than thirty 5,199
days after the date of the issuance of the administrative order 5,200
determining the existence or nonexistence of a parent and child 5,201
relationship. If neither the mother nor the alleged father files 5,202
an action under sections 3111.01 to 3111.19 of the Revised Code 5,203
in the juvenile court within the thirty-day period, the 5,204
administrative order determining a parent and child relationship 5,205
is final and enforceable by a court. 5,206
(2) The mother or the father of a child may object to an 5,208
administrative officer's administrative order for the payment of 5,209
support by bringing an action for the payment of support under 5,210
section 2151.231 of the Revised Code in the juvenile court of the 5,211
county in which the child or the guardian or legal custodian of 5,212
the child resides. The action shall be brought no later than 5,213
thirty days after the date the administrative officer issued the 5,214
administrative order requiring the payment of child support. If 5,215
neither the mother nor the alleged father files an action for the 5,216
payment of support in the juvenile court within the thirty-day 5,217
period, the administrative order requiring the payment of support 5,218
is final and enforceable by a court and may be modified and 5,219
enforced only in accordance with sections 3111.20 to 3111.28 and 5,220
3113.21 to 3113.219 of the Revised Code. 5,221
(G) ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE 5,223
EXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE 5,224
FULL NAMES, ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER 5,225
AND FATHER OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE 5,226
CHILD. 5,227
Sec. 3111.221. AS USED IN THIS SECTION, "BIRTH RECORD" HAS 5,229
THE SAME MEANING AS IN SECTION 3705.01 OF THE REVISED CODE. 5,230
122
IF AN ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OR 5,232
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP IS AT VARIANCE 5,233
WITH THE CHILD'S BIRTH RECORD, THE AGENCY THAT MADE THE 5,234
DETERMINATION SHALL NOTIFY THE DEPARTMENT OF HEALTH OF THE 5,235
DETERMINATION AS SOON AS ANY PERIOD FOR OBJECTION TO THE
DETERMINATION PROVIDED FOR IN SECTION 3111.21 OR 3111.22 OF THE 5,236
REVISED CODE HAS ELAPSED.
ON RECEIPT OF NOTICE UNDER THIS SECTION OR NOTICE FROM AN 5,238
AUTHORIZED AGENCY OF ANOTHER STATE THAT HAS MADE A DETERMINATION 5,239
OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD 5,240
RELATIONSHIP, THE DEPARTMENT OF HEALTH SHALL, IN ACCORDANCE WITH 5,241
SECTION 3705.09 OF THE REVISED CODE, PREPARE A NEW BIRTH RECORD
CONSISTENT WITH THE AGENCY'S DETERMINATION AND SUBSTITUTE THE NEW 5,242
RECORD FOR THE ORIGINAL BIRTH RECORD. 5,243
Sec. 3111.23. (A)(1) If an administrative officer of a 5,252
child support enforcement agency issues an administrative support 5,253
order under section 3111.20, 3111.21, or 3111.22 of the Revised 5,255
Code, the agency shall require the withholding or deduction of an 5,256
amount of the wages INCOME or assets of the obligor in accordance 5,257
with division (B) of this section OR REQUIRE THE ISSUANCE OF AN 5,258
ORDER IN ACCORDANCE WITH SECTION 3111.231 OF THE REVISED CODE to 5,259
ensure that withholding or deduction from the wages INCOME or 5,260
assets of the obligor is available from the commencement of the 5,261
administrative support order for the collection of the support 5,262
and any arrearages that occur. The agency shall determine the 5,263
specific withholding or deduction requirements OR OTHER 5,264
REQUIREMENT applicable to the obligor under the administrative 5,265
support order in accordance with division (B) of this section AND 5,266
SECTION 3111.231 OF THE REVISED CODE and shall include the 5,267
specific requirements in the notices described in divisions
(A)(2) and (B) of this section OR IN AN ORDER DESCRIBED UNDER 5,269
SECTION 3111.231 OF THE REVISED CODE. Any person required to 5,270
comply with the withholding or deduction requirements shall 5,271
determine the manner of withholding or deducting an amount of the 5,272
123
wages INCOME or assets of the obligor in accordance with the 5,273
specific requirements included in the notices described in those 5,274
divisions without the need for any amendment to the 5,275
administrative support order. ANY PERSON REQUIRED TO COMPLY WITH 5,276
AN ORDER DESCRIBED IN SECTION 3111.231 OF THE REVISED CODE SHALL
COMPLY WITHOUT THE NEED FOR ANY AMENDMENT TO THE ADMINISTRATIVE 5,277
ORDER. The agency shall include in an administrative support 5,278
order under section 3111.20, 3111.21, or 3111.22 of the Revised 5,279
Code a general provision that states the following: 5,280
"All child support ordered by this administrative support 5,282
order shall be withheld or deducted from the wages INCOME or 5,283
assets of the obligor pursuant to a withholding or deduction 5,285
notice issued in accordance with section 3111.23 of the Revised 5,287
Code and shall be forwarded to the obligee in accordance with
sections 3111.23 to 3111.28 of the Revised Code." 5,289
(2) In any action in which support is ordered or modified 5,291
under an administrative support order as described in division 5,292
(A)(1) of this section, the child support enforcement agency 5,293
shall determine in accordance with division (B) of this section 5,294
OR SECTION 3111.231 OF THE REVISED CODE the types of withholding 5,295
or deduction requirements OR OTHER REQUIREMENTS that should be 5,296
imposed relative to the obligor under the administrative support 5,297
order to collect the support due under the order. Within fifteen 5,298
days after the obligor under the administrative support order is 5,299
located subsequent to the issuance of the administrative support 5,300
order or within fifteen days after the default under the 5,301
administrative support order, whichever is applicable, the agency 5,302
shall send a notice by regular mail to each person required to 5,303
comply with a withholding or deduction requirement. The notice 5,304
shall specify the withholding or deduction requirement and shall 5,305
contain all of the information set forth in division (B)(1)(b), 5,306
OR (2)(b), (3)(b), (4)(b), or (5)(b) of this section that is 5,307
applicable to the requirement. The notices, plus the notices 5,308
provided by the child support enforcement agency that require the 5,309
124
obligor to notify the agency of any change in the obligor's 5,310
employment status or of any other change in the status of the 5,311
obligor's assets, are final and are enforceable by the court. 5,313
The agency shall provide the notice to the obligor in accordance 5,314
with division (B)(1)(c), OR (2)(c), (3)(c), (4)(c), or (5)(c) of 5,315
this section, whichever is applicable, and shall include with 5,316
that notice the additional notices described in the particular 5,317
division that is applicable.
(3)(a) If support is ordered or modified on or after 5,319
December 31, 1993, under an administrative support order issued 5,320
under section 3111.20, 3111.21, or 3111.22 of the Revised Code, 5,322
if the child support enforcement agency has determined in 5,323
accordance with division (A)(2) of this section the types of 5,324
withholding or deduction requirements OR OTHER REQUIREMENTS that 5,325
should be imposed relative to the obligor under the support order 5,327
to collect the support due under the order, if the agency has 5,328
sent the appropriate WITHHOLDING OR DEDUCTION notices OR ISSUED 5,329
AND SENT AN ORDER UNDER SECTION 3111.231 OF THE REVISED CODE to 5,330
the persons required to comply with the withholding or deduction
requirements OR ORDER that the agency determined should be 5,331
imposed, and if the agency is notified or otherwise determines 5,332
that the employment status or other circumstances of the obligor 5,333
have changed, the agency shall conduct an investigation to 5,334
determine whether it is more appropriate to impose another type 5,335
of or an additional withholding or deduction requirement OR ORDER 5,336
regarding the administrative support order and shall issue and 5,337
send by regular mail one or more notices described in division 5,338
(B) of this section OR AN ORDER PURSUANT TO SECTION 3111.231 OF 5,339
THE REVISED CODE that it determines are appropriate. THE AGENCY 5,340
SHALL IMMEDIATELY CANCEL ANY PREVIOUSLY ISSUED NOTICE OR ORDER 5,341
THAT NO LONGER IS APPROPRIATE AND SEND WRITTEN NOTICE OF THE 5,342
CANCELLATION BY REGULAR MAIL TO THE PERSON REQUIRED TO COMPLY 5,343
WITH THE PREVIOUSLY ISSUED NOTICE OR ORDER. The notices shall be 5,344
sent within fifteen days after the obligor under the 5,345
125
administrative support order is located or within fifteen days 5,346
after the default under the administrative support order, 5,347
whichever is applicable. The notices shall specify the 5,348
withholding or deduction requirement and shall contain all of the 5,349
information set forth in division (B)(1)(b), OR (2)(b), (3)(b), 5,351
(4)(b), or (5)(b) of this section that is applicable. The agency
shall provide the notices to the obligor in accordance with 5,352
division (B)(1)(c), OR (2)(c), (3)(c), (4)(c), or (5)(c) of this 5,354
section, whichever is applicable, and shall include with that
notice the additional notices described in the particular 5,355
division that is ARE applicable. The notices are final and are 5,356
enforceable by the court. 5,357
If the child support enforcement agency previously has 5,359
issued one or more notices containing one or more of the 5,360
requirements described in division (B) of this section and the 5,361
agency determines that any of the requirements no longer are 5,362
appropriate due to the change in the employment status or other 5,363
circumstances of the obligor, the agency immediately shall cancel 5,364
any previously issued notice that no longer is appropriate, shall 5,365
send written notice of the cancellation by regular mail to the 5,366
person who was required to comply with the withholding or 5,367
deduction requirement contained in the canceled notice, and shall 5,368
issue one or more new notices containing one or more requirements 5,369
described in division (B) of this section that it determines are 5,370
appropriate. The notices shall be sent within fifteen days after 5,371
the obligor under the administrative support order is located or 5,372
within fifteen days after the default under the administrative 5,373
support order, whichever is applicable. 5,374
(b) If support has been ordered prior to December 31, 5,376
1993, under an administrative support order issued under section 5,377
3111.20, 3111.21, or 3111.22 of the Revised Code, if the 5,378
administrative support order has not been modified on or after 5,380
December 31, 1993, if the administrative support order includes a 5,381
provision that is substantively comparable to the general 5,382
126
provision described in division (A)(1) of this section that must 5,383
be included in all administrative support orders issued or 5,384
modified on or after December 31, 1993, and if the child support 5,385
enforcement agency is notified or otherwise determines that the 5,386
employment status or other circumstances of the obligor under the 5,387
support order have changed so that it is appropriate to impose a 5,388
withholding or deduction requirement as described in division (B) 5,389
of this section to collect the support due under the order, the 5,390
agency shall comply with division (A)(3)(a) of this section as if 5,391
the administrative support order had been issued or modified on 5,392
or after December 31, 1993, and as if it included the general 5,393
provision described in division (A)(1) of that section that must 5,394
be included in all administrative support orders issued or 5,395
modified on or after that date. The notices issued under this 5,396
division are final and are enforceable by the court. 5,397
(c) If support has been ordered ALL SUPPORT ORDERS ISSUED 5,399
prior to December 31, 1993, under an administrative support order 5,400
issued under section 3111.20, 3111.21, or 3111.22 of the Revised 5,401
Code, if the administrative support order has THAT HAVE not been 5,403
modified on or after December 31, 1993, if the administrative 5,405
support order does not include a provision that is substantively 5,406
comparable to the general provision described in division (A)(1) 5,407
of this section that must be included in all administrative 5,408
support orders issued or modified on or after December 31, 1993, 5,409
and if the child support enforcement agency is notified or 5,410
otherwise determines that the employment status or other 5,411
circumstances of the obligor under the support order have changed 5,412
so that it is appropriate to impose a withholding or deduction 5,413
requirement as described in division (B) of this section to 5,414
collect the support due under the order, the agency may reissue 5,415
the administrative support order in question to be identical to 5,416
the administrative support order except for a general provision, 5,417
as described in division (A)(1) of this section, requiring the 5,418
withholding or deduction of wages or assets of the obligor in 5,419
127
accordance with division (B) of this section to ensure that 5,420
withholding or deduction from the wages or assets is available 5,421
for the collection of current support and any arrearages that 5,422
occur. Except for the inclusion of the general provision, the 5,423
provisions of a reissued administrative support order under this 5,424
division shall be identical to those of the administrative 5,425
support order in question, and the child support enforcement 5,426
agency shall issue one or more notices requiring withholding or 5,427
deduction of wages or assets of the obligor in accordance with 5,428
divisions (A)(2) and (B) of this section. Thereafter, division 5,429
(A)(3)(a) of this section applies to the issuance of notices 5,430
under those divisions with respect to that administrative support 5,431
order. The notices issued under this division are final and are 5,433
enforceable by the court. The general provision for the 5,434
withholding or deduction of wages or assets to be included in the 5,435
reissued administrative support order specifically shall include 5,436
the statement set forth in division (A)(1) of this section OR 5,437
FOUND IN DEFAULT ON OR AFTER THAT DATE SHALL BE CONSIDERED TO 5,438
CONTAIN THE GENERAL PROVISION DESCRIBED IN DIVISION (A)(1) OF 5,439
THIS SECTION AND SHALL BE ENFORCED AND MODIFIED IN THE SAME 5,440
MANNER AS AN ORDER FOR SUPPORT ISSUED ON OR AFTER DECEMBER 31, 5,441
1993.
(4) If, pursuant to division (A)(2) or (A)(3)(a), (b), or 5,443
(c) of this section, a person is sent a WITHHOLDING OR DEDUCTION 5,444
notice described in division (B) of this section requiring a 5,445
withholding or deduction requirement OR AN ORDER ISSUED UNDER 5,446
SECTION 3111.231 OF THE REVISED CODE and the person fails to 5,447
comply with the notice OR ORDER, the child support enforcement 5,448
agency, in accordance with section 3111.28 of the Revised Code, 5,449
shall request the court to find the person in contempt pursuant 5,450
to section 2705.02 of the Revised Code.
(5) The department of human services shall adopt standard 5,452
forms for the support withholding and deduction notices 5,453
prescribed by divisions (A)(1) to (3) and (B) of this section. 5,454
128
All child support enforcement agencies shall use the forms in 5,455
complying with this section. 5,456
(B) If a child support enforcement agency is required by 5,458
division (A) of this section to issue one or more withholding or 5,459
deduction notices described in this division, the agency shall 5,460
issue one or more of the following types of notices to pay the 5,461
support required under the administrative support order in 5,462
question and to pay any arrearages: 5,463
(1)(a) If the child support enforcement agency determines 5,465
that the obligor is employed RECEIVING INCOME FROM A PAYOR, the 5,466
agency shall require the obligor's employer PAYOR to withhold 5,467
from the obligor's personal earnings INCOME a specified amount 5,468
for support in satisfaction of the administrative support order, 5,469
to begin the withholding no later than the first pay period that 5,470
occurs after fourteen working days following the date the notice 5,472
was mailed to the employer PAYOR under divisions (A)(2) or (3) 5,473
and (B)(1)(b) of this section, to send the amount withheld to the 5,474
DIVISION OF child support enforcement agency designated for that 5,475
county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to section 5,476
2301.35 5101.325 of the Revised Code, to send that amount to the 5,477
agency DIVISION immediately but not later than ten SEVEN days 5,478
after the date the obligor is paid, and to continue the 5,480
withholding at intervals specified in the notice until further 5,481
notice from the CHILD SUPPORT ENFORCEMENT agency. To the extent 5,482
possible, the amount specified in the notice to be withheld shall 5,483
satisfy the amount ordered for support in the administrative 5,484
support order plus any arrearages that may be owed by the obligor 5,485
under any prior court or administrative support order that 5,486
pertained to the same child or spouse, notwithstanding the 5,487
limitations of sections 2329.66, 2329.70, 2716.02, and 2716.05 of 5,488
the Revised Code. However, in no case shall the sum of the 5,489
amount specified in the notice to be withheld and any fee 5,490
withheld by the employer PAYOR as a charge for its services 5,491
exceed the maximum amount permitted under section 303(b) of the 5,492
129
"Consumer Credit Protection Act," 15 U.S.C. 1673(b). 5,493
(b) If the agency imposes a withholding requirement under 5,495
division (B)(1)(a) of this section, the agency, within the 5,496
applicable period of time specified in division (A) of this 5,497
section, shall send to the obligor's employer PAYOR by regular 5,498
mail a notice that contains all of the information set forth in 5,500
divisions (B)(1)(b)(i) to (xi) of this section. The notice is 5,501
final and is enforceable by the court. The notice shall contain 5,502
all of the following: 5,503
(i) The amount to be withheld from the obligor's wages 5,505
INCOME and a statement that the amount actually withheld for 5,506
support and other purposes, including the fee described in 5,507
division (B)(1)(b)(xi) of this section, shall not be in excess of 5,508
the maximum amounts permitted under section 303(b) of the 5,509
"Consumer Credit Protection Act," 15 U.S.C. 1673(b); 5,510
(ii) A statement that the employer PAYOR is required to 5,512
send the amount withheld to the DIVISION OF child support 5,514
enforcement agency immediately, but not later than ten SEVEN 5,515
working days, after the obligor is paid by the employer and is 5,516
required to report to the agency the date on which the amount was 5,518
withheld from the obligor's wages INCOME; 5,519
(iii) A statement that the withholding is binding upon the 5,521
employer PAYOR until further notice from the agency; 5,522
(iv) A statement that IF the PAYOR IS AN employer, THE 5,525
PAYOR is subject to a fine to be determined under the law of this 5,526
state for discharging the obligor from employment, refusing to 5,527
employ the obligor, or taking any disciplinary action against the 5,528
obligor because of the withholding requirement; 5,529
(v) A statement that, if the employer PAYOR fails to 5,531
withhold wages INCOME in accordance with the provisions of the 5,532
notice, the employer PAYOR is liable for the accumulated amount 5,534
the employer PAYOR should have withheld from the obligor's wages 5,536
INCOME;
(vi) A statement that the withholding in accordance with 5,538
130
the notice and under the provisions of this section has priority 5,539
over any other legal process under the law of this state against 5,540
the same wages INCOME; 5,541
(vii) The date on which the notice was mailed and a 5,543
statement that the employer PAYOR is required to implement the 5,544
withholding no later than the first pay period that occurs after 5,545
fourteen working days following the date the notice was mailed 5,546
and is required to continue the withholding at the intervals 5,547
specified in the notice; 5,548
(viii) A requirement that the employer PAYOR promptly 5,550
notify the child support enforcement agency, in writing, within 5,552
ten working days after the date of any termination of the 5,553
obligor's employment, any layoff of the obligor, any leave of 5,554
absence of the obligor without pay, or any other situation THAT 5,555
OCCURS, INCLUDING, TERMINATION OF EMPLOYMENT, LAYOFF OF THE 5,556
OBLIGOR, ANY LEAVE OF ABSENCE OF THE OBLIGOR WITHOUT PAY, 5,557
TERMINATION OF WORKERS' COMPENSATION BENEFITS, OR TERMINATION OF 5,558
ANY PENSION, ANNUITY, ALLOWANCE, OR RETIREMENT BENEFIT in which 5,559
the employer PAYOR ceases to pay personal earnings INCOME in an 5,560
amount sufficient to comply with the administrative order to the 5,561
obligor and provide the agency with the obligor's last known 5,562
address;
(ix) A requirement that, IF the PAYOR IS AN employer, THE 5,565
PAYOR identify in the notification given under division 5,566
(B)(1)(b)(viii) of this section any types of benefits other than 5,567
personal earnings that the obligor is receiving or is eligible to 5,568
receive as a benefit of employment or as a result of the 5,569
obligor's termination of employment, including, but not limited 5,570
to, unemployment compensation, workers' compensation benefits, 5,571
severance pay, sick leave, lump sum payments of retirement 5,572
benefits or contributions, and bonuses or profit-sharing payments 5,573
or distributions, and the amount of such benefits, and include in 5,574
the notification the obligor's last known address and telephone 5,575
number, date of birth, social security number, and case number 5,576
131
and, if known, the name and business address of any new employer 5,577
of the obligor;
(x) A requirement that, no later than the earlier of 5,579
forty-five days before the lump-sum payment is to be made or, if 5,580
the obligor's right to the lump-sum payment is determined less 5,581
than forty-five days before it is to be made, the date on which 5,582
that determination is made, the employer PAYOR notify the child 5,583
support enforcement agency of any lump-sum payments of any kind 5,584
of five hundred dollars or more that are to be paid to the 5,585
obligor, hold the lump-sum payments of five hundred dollars or 5,586
more for thirty days after the date on which the lump-sum 5,587
payments otherwise would have been paid to the obligor, if the 5,588
lump-sum payments are workers' compensation benefits, severance 5,589
pay, sick leave, lump-sum payments of retirement benefits or 5,590
contributions, annual bonuses, or profit-sharing payments or 5,591
distributions, and, upon order of the agency, pay any specified 5,592
amount of the lump-sum payment to the DIVISION OF child support 5,593
enforcement agency.
(xi) A statement that, in addition to the amount withheld 5,595
for support, the employer PAYOR may withhold a fee from the 5,596
obligor's earnings INCOME as a charge for its services in 5,597
complying with the notice a specification of the amount that may 5,599
be withheld.
(c) The agency shall send the notice described in division 5,601
(B)(1)(b) of this section to the obligor, and shall attach to the 5,602
notice an additional notice requiring the obligor immediately to 5,603
notify the child support enforcement agency, in writing, of any 5,604
change in employment, including self-employment, and of the 5,605
availability of any other sources of income that can be the 5,606
subject of any withholding or deduction requirement described in 5,607
division (B) of this section. The agency shall serve the notices 5,608
upon the obligor at the same time as service of the 5,609
administrative support order or, if the administrative support 5,610
order previously has been issued, shall send the notices to the 5,611
132
obligor by regular mail at the obligor's last known address at 5,613
the same time that it sends the notice described in division 5,614
(B)(1)(b) of this section to the employer PAYOR. The 5,615
notification required of the obligor shall include a description 5,616
of the nature of any new employment OR INCOME SOURCE, the name 5,617
and, business address, AND TELEPHONE NUMBER of any new employer, 5,618
and any other information reasonably required by the agency. No 5,619
obligor shall fail to give the notification as required by 5,620
division (B)(1)(c) of this section. 5,621
(2)(a) If the child support enforcement agency determines 5,623
that the obligor is receiving workers' compensation payments, the 5,624
agency may require the bureau of workers' compensation or the 5,625
employer that has been granted the privilege of paying 5,626
compensation directly and that is paying workers' compensation 5,627
benefits to the obligor to withhold from the obligor's workers' 5,628
compensation payments a specified amount for support in 5,629
satisfaction of the administrative support order, to begin the 5,630
withholding no later than the date of the first payment that 5,631
occurs after fourteen working days following the date the notice 5,632
was mailed to the bureau or employer under divisions (A)(2) or 5,633
(3) and (B)(2)(b) of this section, to send the amount withheld to 5,634
the child support enforcement agency designated for that county 5,635
pursuant to section 2301.35 of the Revised Code, to send that 5,636
amount to the agency immediately but not later than ten days 5,637
after the date the payment is made to the obligor, to provide the 5,638
date on which the amount was withheld, and to continue the 5,639
withholding at intervals specified in the notice until further 5,640
notice from the agency. To the extent possible, the amount 5,641
specified in the notice to be withheld shall satisfy the amount 5,642
ordered for support in the administrative support order plus any 5,643
arrearages that may be owed by the obligor under any prior court 5,644
or administrative support order that pertained to the same child 5,645
or spouse, notwithstanding the limitations of section 4123.67 of 5,646
the Revised Code. However, in no case shall the sum of the 5,647
133
amount specified in the notice to be withheld and any fee 5,648
withheld by an employer as a charge for its services exceed the 5,649
maximum amount permitted under section 303(b) of the "Consumer 5,650
Credit Protection Act," 15 U.S.C. 1673(b). 5,651
(b) If the agency imposes a withholding requirement under 5,653
division (B)(2)(a) of this section, it, within the applicable 5,654
period of time specified in division (A) of this section, shall 5,655
send to the bureau of workers' compensation or the employer that 5,656
is paying the obligor's workers' compensation benefits by regular 5,657
mail a notice that contains all of the information set forth in 5,658
divisions (B)(2)(b)(i) to (x) of this section. The notice is 5,659
final and is enforceable by the court. The notice shall contain 5,660
all of the following: 5,661
(i) The amount to be withheld from the obligor's worker's 5,663
compensation payments and a statement that the amount actually 5,664
withheld for support and other purposes, including the fee 5,665
described in division (B)(2)(b)(x) of this section, if 5,666
applicable, shall not be in excess of the maximum amounts 5,667
permitted under section 303(b) of the "Consumer Credit Protection 5,668
Act," 15 U.S.C. 1673(b); 5,669
(ii) A statement that the bureau or employer is required 5,671
to send the amount withheld to the child support enforcement 5,672
agency immediately, but not later than ten working days, after 5,673
the payment is made to the obligor and is required to report to 5,674
the agency the date on which the amount was withheld from the 5,675
obligor's payments; 5,676
(iii) A statement that the withholding is binding upon the 5,678
bureau or employer until further notice from the court or agency; 5,679
(iv) If the notice is sent to an employer who is paying 5,681
the obligor's worker's compensation benefits, a statement that, 5,682
if the employer fails to withhold from the obligor's worker's 5,683
compensation payments in accordance with the provisions of the 5,684
notice, the employer is liable for the accumulated amount the 5,685
employer should have withheld from the obligor's payments; 5,686
134
(v) A statement that the withholding in accordance with 5,688
the notice and under the provisions of this section has priority 5,689
over any other legal process under the law of this state against 5,690
the same payment of benefits; 5,691
(vi) The date on which the notice was mailed and a 5,693
statement that the bureau or employer is required to implement 5,694
the withholding no later than the date of the first payment that 5,695
occurs after fourteen working days following the date the notice 5,696
was mailed and is required to continue the withholding at the 5,697
intervals specified in the notice; 5,698
(vii) A requirement that the bureau or employer promptly 5,700
notify the child support enforcement agency, in writing, within 5,701
ten working days after the date of any termination of the 5,702
obligor's workers' compensation benefits; 5,703
(viii) A requirement that the bureau or employer include 5,705
in all notices the obligor's last known mailing address, last 5,706
known residence address, and social security number; 5,707
(ix) A requirement that, no later than the earlier of 5,709
forty-five days before the lump sum payment is to be made or, if 5,710
the obligor's right to the lump sum payment is determined less 5,711
than forty-five days before it is to be made, the date on which 5,712
that determination is made, the bureau or employer notify the 5,713
child support enforcement agency of any lump-sum payment of any 5,714
kind of five hundred dollars or more that is to be paid to the 5,715
obligor, hold the lump-sum payment for thirty days after the date 5,716
on which the lump-sum payment otherwise would be paid to the 5,717
obligor, and, upon order of the agency, pay any specified amount 5,718
of the lump-sum payment to the agency. 5,719
(x) If the notice is sent to an employer who is paying the 5,721
obligor's workers' compensation benefits a statement that, in 5,722
addition to the amount withheld for support, the employer may 5,723
withhold a fee from the obligor's benefits as a charge for its 5,724
services in complying with the notice and a specification of the 5,725
amount that may be withheld. 5,726
135
(c) The agency shall send the notice described in division 5,728
(B)(2)(b) of this section to the obligor and shall attach to the 5,729
notice an additional notice requiring the obligor to immediately 5,730
notify the child support enforcement agency, in writing, of any 5,731
change in the obligor's workers' compensation payments, of the 5,733
commencement of employment, including self-employment, and of the 5,734
availability of any other sources of income that can be the 5,735
subject of any withholding or deduction requirement described in 5,736
division (B) of this section. The agency shall serve the notices 5,737
upon the obligor at the same time as service of the 5,738
administrative support order or, if the administrative support 5,739
order previously has been issued, shall send the notices to the 5,740
obligor by regular mail at the obligor's last known address at 5,741
the same time that it sends the notice described in division 5,743
(B)(2)(b) of this section to the bureau or employer. The 5,744
additional notice also shall specify that upon commencement of 5,745
employment the obligor may request the child support enforcement 5,746
agency to cancel its administrative workers' compensation payment 5,747
withholding notice and instead issue a notice requiring the 5,748
withholding of an amount from the obligor's personal earnings for 5,749
support in accordance with division (B)(1) of this section and 5,750
that upon commencement of employment the agency may cancel its 5,751
workers' compensation payment withholding notice and instead will 5,752
issue a notice requiring the withholding of an amount from the 5,753
obligor's personal earnings for support in accordance with 5,754
division (B)(1) of this section. The notification required of 5,755
the obligor shall include a description of the nature of any new 5,756
employment, the name and business address of any new employer, 5,757
and any other information reasonably required by the agency. 5,758
(3)(a) If the child support enforcement agency determines 5,760
that the obligor is receiving any pension, annuity, allowance, or 5,761
other benefit or is to receive or has received a warrant 5,762
refunding the obligor's individual account from the public 5,763
employees retirement system, a municipal retirement system 5,764
136
established subject to sections 145.01 to 145.58 of the Revised 5,765
Code, the police and firemen's disability and pension fund, the 5,767
state teachers retirement system, the school employees retirement 5,768
system, or the state highway patrol retirement system, the agency 5,769
may require the public employees retirement board, the board, 5,770
board of trustees, or other governing entity of any municipal 5,771
retirement system, the board of trustees of the police and 5,772
firemen's disability and pension fund, the state teachers 5,774
retirement board, the school employees retirement board, or the 5,775
state highway patrol retirement board to withhold from the 5,776
obligor's pension, annuity, allowance, other benefit, or warrant 5,777
a specified amount for support in satisfaction of the support 5,778
order, to begin the withholding no later than the date of the 5,779
first payment that occurs after fourteen working days following 5,780
the date the notice was mailed to the board, board of trustees, 5,781
or other entity under divisions (A)(2) or (3) and (B)(3)(b) of 5,782
this section, to send the amount withheld to the child support 5,783
enforcement agency designated for that county pursuant to section 5,784
2301.35 of the Revised Code, to send that amount to the agency 5,785
immediately but not later than ten days after the date the 5,786
payment is made to the obligor, to provide the date on which the 5,787
amount was withheld, and to continue the withholding at intervals 5,788
specified in the notice until further withholding notice of the 5,789
agency. To the extent possible, the amount specified in the 5,790
notice to be withheld shall satisfy the amount ordered for 5,791
support in the support order plus any arrearages that may be owed 5,792
by the obligor under any prior court or administrative support 5,793
order that pertained to the same child or spouse, notwithstanding 5,794
the limitations of sections 2329.66, 2329.70, and 2716.13 of the 5,795
Revised Code. However, in no case shall the sum of the amount 5,796
specified in the notice to be withheld and any fee withheld by 5,797
the board, board of trustees, or other entity as a charge for its 5,798
services exceed the maximum amount permitted under section 303(b) 5,799
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 5,800
137
(b) If the agency imposes a withholding requirement under 5,802
division (B)(3)(a) of this section, it, within the applicable 5,803
period of time specified in division (A) of this section, shall 5,804
send to the board, board of trustees, or other entity by regular 5,805
mail a notice that contains all of the information set forth in 5,806
divisions (B)(3)(b)(i) to (ix) of this section. The notice is 5,807
final and is enforceable by the court. The notice shall contain 5,808
all of the following: 5,809
(i) The amount to be withheld from the obligor's pension, 5,811
annuity, allowance, other benefit, or warrant and a statement 5,812
that the amount actually withheld for support and other purposes, 5,813
including the fee described in division (B)(3)(b)(ix) of this 5,814
section, shall not be in excess of the maximum amounts permitted 5,815
under section 303(b) of the "Consumer Credit Protection Act," 15 5,816
U.S.C. 1673(b); 5,817
(ii) A statement that the board, board of trustees, or 5,819
other entity is required to send the amount withheld to the child 5,820
support enforcement agency immediately, but not later than ten 5,821
working days, after the payment is made to the obligor and is 5,822
required to report to the agency the date on which the amount was 5,823
withheld from the obligor's payments; 5,824
(iii) A statement that the withholding is binding upon the 5,826
board, board of trustees, or other entity until further notice 5,827
from the court or agency; 5,828
(iv) A statement that the withholding in accordance with 5,830
the notice and under the provisions of this section has priority 5,831
over any other legal process under the law of this state against 5,832
the same payment of the pension, annuity, allowance, other 5,833
benefit, or warrant; 5,834
(v) The date on which the notice was mailed and a 5,836
statement that the board, board of trustees, or other entity is 5,837
required to implement the withholding no later than the date of 5,838
the first payment that occurs after fourteen working days 5,839
following the date the notice was mailed and is required to 5,840
138
continue the withholding at the intervals specified in the 5,841
notice; 5,842
(vi) A requirement that the board, board of trustees, or 5,844
other entity promptly notify the child support enforcement 5,845
agency, in writing, within ten working days after the date of any 5,846
termination of the obligor's pension, annuity, allowance, or 5,847
other benefit; 5,848
(vii) A requirement that the board, board of trustees, or 5,850
other entity include in all notices the obligor's last known 5,851
mailing address, last known residence address, and social 5,852
security number; 5,853
(viii) A requirement that, no later than the earlier of 5,855
forty-five days before the lump-sum payment is to be made or, if 5,856
the obligor's right to the lump-sum payment is determined less 5,857
than forty-five days before it is to be made, the date on which 5,858
that determination is made, the board, board of trustees, or 5,859
other entity notify the child support enforcement agency of any 5,860
lump-sum payment of any kind of five hundred dollars or more that 5,861
is to be paid to the obligor, hold the lump-sum payment for 5,862
thirty days after the date on which the lump-sum payment would 5,863
otherwise be paid to the obligor, if the lump-sum payments are 5,864
lump-sum payments of retirement benefits or contributions, and, 5,865
upon order of the agency, pay any specified amount of the 5,866
lump-sum payment to the agency. 5,867
(ix) A statement that, in addition to the amount withheld 5,869
for support, the board, board of trustees, or other entity may 5,870
withhold a fee from the obligor's pension, annuity, allowance, 5,871
other benefit, or warrant as a charge for its services in 5,872
complying with the notice and a specification of the amount that 5,873
may be withheld. 5,874
(c) The agency shall send the notice described in division 5,876
(B)(3)(b) of this section to the obligor and shall attach to the 5,877
notice an additional notice requiring the obligor immediately to 5,878
notify the child support enforcement agency, in writing, of any 5,879
139
change in the obligor's pension, annuity, allowance, or other 5,880
benefit, of the commencement of employment, including 5,882
self-employment, and of the availability of any other sources of 5,883
income that can be the subject of any withholding or deduction 5,884
requirement described in division (B) of this section. The 5,885
agency shall serve the notices upon the obligor at the same time 5,886
as service of the administrative support order or, if the 5,887
administrative support order previously has been issued, shall 5,888
send the notices to the obligor by regular mail, at the obligor's 5,889
last known address, at the same time it sends the notice 5,891
described in division (B)(3)(b) of this section to the board, 5,892
board of trustees, or other entity. The additional notice also 5,893
shall notify the obligor that upon commencement of employment the 5,894
obligor may request the agency to issue a notice requiring the 5,896
withholding of an amount from the obligor's personal earnings for 5,897
support in accordance with division (B)(1) of this section and 5,898
that upon commencement of employment the agency may cancel its 5,899
withholding notice under division (B)(3)(b) of this section and 5,900
instead will issue a notice requiring the withholding of an 5,901
amount from the obligor's personal earnings for support in 5,902
accordance with division (B)(1) of this section. The
notification required of the obligor shall include a description 5,903
of the nature of any new employment, the name and business 5,904
address of any new employer, and any other information reasonably 5,905
required by the agency. 5,906
(4)(a) If the child support enforcement agency determines 5,908
that the obligor is receiving any form of income, including, but 5,909
not limited to, disability or sick pay, insurance proceeds, 5,910
lottery prize awards, federal, state, or local government 5,911
benefits to the extent that the benefits can be withheld or 5,912
deducted under any law governing the benefits, any form of trust 5,913
fund or endowment fund, vacation pay, commissions and draws 5,914
against commissions that are paid on a regular basis, bonuses or 5,915
profit-sharing payments or distributions, or any lump-sum 5,916
140
payments, the agency may require the person who pays or otherwise 5,917
distributes the income to the obligor to withhold from the 5,918
obligor's income a specified amount for support in satisfaction 5,919
of the administrative support order, to begin the withholding no 5,920
later than the date of the first payment that occurs after 5,921
fourteen working days following the date the notice was mailed to 5,922
the person paying or otherwise distributing the obligor's income 5,923
under divisions (A)(2) or (3) and (B)(4)(b) of this section, to 5,924
send the amount withheld to the child support enforcement agency 5,925
designated for that county pursuant to section 2301.35 of the 5,926
Revised Code, to send that amount to the agency immediately but 5,927
not later than ten days after the date the payment is made to the 5,928
obligor, to provide the date on which the amount was withheld, 5,929
and to continue the withholding at intervals specified in the 5,930
notice until further notice from the agency. To the extent 5,931
possible, the amount specified in the notice to be withheld shall 5,932
satisfy the amount ordered for support in the administrative 5,933
support order plus any arrearages that may be owed by the obligor 5,934
under any prior court or administrative support order that 5,935
pertained to the same child or spouse, notwithstanding the 5,936
limitations of sections 2329.66, 2329.70, and 2716.13 of the 5,937
Revised Code. However, in no case shall the sum of the amount 5,938
specified in the notice to be withheld and any fee withheld by 5,939
the person paying or otherwise distributing the obligor's income 5,940
as a charge for its services exceed the maximum amount permitted 5,941
under section 303(b) of the "Consumer Credit Protection Act," 15 5,942
U.S.C. 1673(b). 5,943
(b) If the agency imposes a withholding requirement under 5,945
division (B)(4)(a) of this section, it, within the applicable 5,946
period of time specified in division (A) of this section, shall 5,947
send to the person paying or otherwise distributing the obligor's 5,948
income by regular mail a notice that contains all of the 5,949
information set forth in divisions (B)(4)(b)(i) to (ix) of this 5,950
section. The notice is final and is enforceable by the court. 5,951
141
The notice shall contain all of the following: 5,952
(i) The amount to be withheld from the obligor's income 5,954
and a statement that the amount actually withheld for support and 5,955
other purposes, including the fee described in division 5,956
(B)(4)(b)(ix) of this section, shall not be in excess of the 5,957
maximum amounts permitted under section 303(b) of the "Consumer 5,958
Credit Protection Act," 15 U.S.C. 1673(b); 5,959
(ii) A statement that the person paying or otherwise 5,961
distributing the obligor's income is required to send the amount 5,962
withheld to the child support enforcement agency immediately, but 5,963
not later than ten working days, after the payment is made to the 5,964
obligor and is required to report to the agency the date on which 5,965
the amount was withheld from the obligor's payments; 5,966
(iii) A statement that the withholding is binding upon the 5,968
person paying or otherwise distributing the obligor's income 5,969
until further notice from the court or agency; 5,970
(iv) A statement that the withholding in accordance with 5,972
the notice and under the provisions of this section has priority 5,973
over any other legal process under the law of this state against 5,974
the same payment of the income; 5,975
(v) The date on which the notice was mailed and a 5,977
statement that the person paying or otherwise distributing the 5,978
obligor's income is required to implement the withholding no 5,979
later than the date of the first payment that occurs after 5,980
fourteen working days following the date the notice was mailed 5,981
and is required to continue the withholding at the intervals 5,982
specified in the notice; 5,983
(vi) A requirement that the person paying or otherwise 5,985
distributing the obligor's income promptly notify the child 5,986
support enforcement agency, in writing, within ten days after the 5,987
date of any termination of the obligor's income; 5,988
(vii) A requirement that the person paying or otherwise 5,990
distributing the obligor's income include in all notices the 5,991
obligor's last known mailing address, last known residence 5,992
142
address, and social security number; 5,993
(viii) A requirement that, no later than the earlier of 5,995
forty-five days before the lump-sum payment is to be made or, if 5,996
the obligor's right to the lump-sum payment is determined less 5,997
than forty-five days before it is to be made, the date on which 5,998
that determination is made, the person paying or otherwise 5,999
distributing the obligor's income notify the child support 6,000
enforcement agency of any lump-sum payment of any kind of five 6,001
hundred dollars or more that is to be paid to the obligor, hold 6,002
the lump-sum payment for thirty days after the date on which the 6,003
lump-sum payment would otherwise be paid to the obligor, if the 6,004
lump-sum payment is sick pay, lump-sum payment of retirement 6,005
benefits or contributions, or profit-sharing payments or 6,006
distributions, and, upon order of the agency, pay any specified 6,007
amount of the lump-sum payment to the child support enforcement 6,008
agency. 6,009
(ix) A statement that, in addition, to the amount withheld 6,011
for support, the person paying or otherwise distributing the 6,012
obligor's income may withhold a fee from the obligor's income as 6,013
a charge for its services in complying with the notice and a 6,014
specification of the amount that may be withheld. 6,015
(c) The agency shall send the notice described in division 6,017
(B)(4)(b) of this section to the obligor and shall attach to the 6,018
notice an additional notice requiring the obligor immediately to 6,019
notify the child support enforcement agency, in writing, of any 6,020
change in income to which the withholding notice applies, of the 6,022
commencement of employment, including self-employment, and of the 6,023
availability of any other sources of income that can be the
subject of any withholding or deduction requirement described in 6,024
division (B) of this section. The agency shall serve the notices 6,025
upon the obligor at the same time as service of the 6,026
administrative support order or, if the administrative support 6,027
order previously has been issued, shall send the notices to the 6,028
obligor by regular mail at the obligor's last known address at 6,029
143
the same time that it sends the notice described in division 6,030
(B)(4)(b) of this section to the person paying or otherwise 6,031
distributing the obligor's income. The additional notice also 6,032
shall notify the obligor that upon commencement of employment the 6,033
obligor may request the agency to issue a notice requiring the 6,034
withholding of an amount from the obligor's personal earnings for 6,035
support in accordance with division (B)(1) of this section and 6,036
that upon commencement of employment the agency may cancel its 6,037
withholding notice under division (B)(4)(b) of this section and 6,038
instead will issue a notice requiring the withholding of an 6,039
amount from the obligor's personal earnings for support in 6,040
accordance with division (B)(1) of this section. The 6,041
notification required of the obligor shall include a description 6,042
of the nature of any new employment, the name and business 6,043
address of any new employer, and any other information reasonably 6,044
required by the court.
(5)(a) If the child support enforcement agency determines 6,046
that the obligor has funds on deposit in any account in a 6,047
financial institution under the jurisdiction of the court, the 6,048
agency may require any financial institution in which the 6,049
obligor's funds are on deposit to deduct from the obligor's 6,050
account a specified amount for support in satisfaction of the 6,051
administrative support order, to begin the deduction no later 6,052
than fourteen working days following the date the notice was 6,053
mailed to the financial institution under divisions (A)(2) or (3) 6,054
and (B)(5)(2)(b) of this section, to send the amount deducted to 6,056
the DIVISION OF child support enforcement agency designated for
that county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to 6,057
section 2301.35 5101.325 of the Revised Code, to send that amount 6,058
to the agency DIVISION immediately but not later than ten SEVEN 6,060
days after the date the latest deduction was made, to provide the
date on which the amount was deducted, and to continue the 6,062
deduction at intervals specified in the notice until further 6,063
notice from the agency. To the extent possible, the amount 6,064
144
specified in the notice to be deducted shall satisfy the amount 6,065
ordered for support in the administrative support order plus any 6,066
arrearages that may be owed by the obligor under any prior court 6,067
or administrative support order that pertained to the same child 6,068
or spouse, notwithstanding the limitations of sections 2329.66, 6,069
2329.70, and 2716.13 of the Revised Code. However, in no case 6,070
shall the sum of the amount specified in the notice to be 6,071
deducted and the fee deducted by the financial institution as a 6,072
charge for its services exceed the maximum amount permitted under 6,073
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 6,074
1673(b). 6,075
(b) If the agency imposes a deduction requirement under 6,077
division (B)(5)(2)(a) of this section, it, within the applicable 6,079
period of time specified in division (A) of this section, shall 6,080
send to the financial institution by regular mail a notice that 6,081
contains all of the information set forth in divisions 6,083
(B)(5)(2)(b)(i) to (viii) of this section. The notice is final 6,084
and is enforceable by the court. The notice shall contain all of 6,085
the following: 6,086
(i) The amount to be deducted from the obligor's account 6,088
and a statement that the amount actually deducted for support and 6,089
other purposes, including the fee described in division 6,091
(B)(5)(2)(b)(viii) of this section, shall not be in excess of the 6,092
maximum amounts permitted under section 303(b) of the "Consumer 6,093
Credit Protection Act," 15 U.S.C. 1673(b); 6,094
(ii) A statement that the financial institution is 6,096
required to send the amount deducted to the DIVISION OF child 6,097
support enforcement agency immediately, but not later than ten 6,098
SEVEN working days, after the date the last deduction was made 6,099
and is required to report to the agency the date on which the 6,101
amount was deducted from the obligor's account; 6,102
(iii) A statement that the deduction is binding upon the 6,104
financial institution until further notice from the court or 6,105
agency; 6,106
145
(iv) A statement that the withholding in accordance with 6,108
the notice and under the provisions of this section has priority 6,109
over any other legal process under the law of this state against 6,110
the same account; 6,111
(v) The date on which the notice was mailed and a 6,113
statement that the financial institution is required to implement 6,114
the deduction no later than fourteen working days following the 6,115
date the notice was mailed and is required to continue the 6,116
deduction at the intervals specified in the notice; 6,117
(vi) A requirement that the financial institution promptly 6,119
notify the child support enforcement agency, in writing, within 6,120
ten days after the date of any termination of the account from 6,121
which the deduction is being made and notify the agency, in 6,122
writing, of the opening of a new account at that financial 6,123
institution, the account number of the new account, the name of 6,124
any other known financial institutions in which the obligor has 6,125
any accounts, and the numbers of those accounts; 6,126
(vii) A requirement that the financial institution include 6,128
in all notices the obligor's last known mailing address, last 6,129
known residence address, and social security number; 6,130
(viii) A statement that, in addition to the amount 6,132
deducted for support, the financial institution may deduct a fee 6,133
from the obligor's account as a charge for its services in 6,134
complying with the administrative order and a specification of 6,135
the amount that may be deducted. 6,136
(c) The agency shall send the notice described in division 6,138
(B)(5)(2)(b) of this section to the obligor and shall attach to 6,140
the notice an additional notice requiring the obligor immediately
to notify the child support enforcement agency, in writing, of 6,141
any change in the status of the account from which the amount of 6,142
support is being deducted or the opening of a new account with 6,143
any financial institution, of the commencement of employment, 6,144
including self-employment, or of the availability of any other 6,145
sources of income that can be the subject of any withholding or 6,146
146
deduction requirement described in division (B) of this section. 6,147
The agency shall serve the notices upon the obligor at the same 6,148
time as service of the administrative support order or, if the 6,149
support order previously has been issued, shall send the notices 6,150
to the obligor by regular mail at the obligor's last known 6,151
address at the same time that it sends the notice described in 6,153
division (B)(5)(2)(b) of this section to the obligor. The 6,154
additional notice also shall notify the obligor that upon 6,156
commencement of employment, the obligor may request the agency to 6,157
cancel its financial institution account deduction notice and 6,158
instead issue a notice requiring the withholding of an amount 6,159
from the obligor's personal earnings for support in accordance 6,160
with division (B)(1) of this section and that upon commencement 6,161
of employment the agency may cancel its financial institution 6,162
account deduction notice and instead will issue a notice 6,163
requiring the withholding of an amount from the obligor's 6,164
personal earnings for support in accordance with division (B)(1) 6,165
of this section. The notification required of the obligor shall 6,166
include a description of the nature of any new accounts opened at 6,167
a financial institution located in the county in which the agency 6,168
is located, the name and business address of that financial 6,169
institution, a description of the nature of any new employment, 6,170
the name and, business address, AND TELEPHONE NUMBER of any new 6,171
employer, and any other information reasonably required by the 6,172
agency. 6,173
(C) If an agency issues or modifies an administrative 6,175
support order under section 3111.20, 3111.21, or 3111.22 of the 6,177
Revised Code and issues one or more notices described in division
(B) of this section, the agency to the extent possible shall 6,178
issue a sufficient number of notices under division (B) of this 6,179
section to provide that the aggregate amount withheld or deducted 6,180
under those notices satisfies the amount ordered for support in 6,181
the administrative support order plus any arrearages that may be 6,182
owed by the obligor under any prior court or administrative 6,183
147
support order that pertained to the same child or spouse, 6,184
notwithstanding the limitations of sections 2329.66, 2329.70, 6,185
2716.13, and 4123.67 of the Revised Code. However, in no case 6,186
shall the aggregate amount withheld or deducted and any fees 6,187
withheld or deducted as a charge for services exceed the maximum 6,188
amount permitted under section 303(b) of the "Consumer Credit 6,189
Protection Act," 15 U.S.C. 1673(b). 6,190
(D) When two or more withholding or deduction notices that 6,192
are described in division (B) of this section are received by an 6,193
employer, the bureau of workers' compensation, an employer that 6,194
is paying more than one person's workers' compensation benefits, 6,195
the public employees retirement board, the board, board of 6,196
trustees, or other governing entity of any municipal retirement 6,197
system, the board of trustees of the police and firemen's 6,198
disability and pension fund, the state teachers retirement board, 6,200
the school employees retirement board, the state highway patrol 6,201
retirement board, a person paying or otherwise distributing 6,202
income for more than one obligor, A PAYOR or a financial 6,203
institution, the employer, bureau of workers' compensation, 6,204
employer paying workers' compensation benefits, board, board of 6,205
trustees, or other governing entity of a retirement system, 6,206
person paying or distributing income to an obligor, PAYOR or 6,207
financial institution shall comply with all of the requirements 6,209
contained in the notices to the extent that the total amount 6,210
withheld from the obligor's personal earnings, payments, 6,211
pensions, annuities, allowances, benefits, other sources of 6,212
income, or savings does not exceed the maximum amount permitted 6,213
under section 303(b) of the "Consumer Credit Protection Act," 15 6,214
U.S.C. 1673(b), withhold or deduct amounts in accordance with the 6,215
allocation set forth in divisions (D)(1) and (2) of this section, 6,216
notify each agency that issued one of the notices of the 6,217
allocation, and give priority to amounts designated in each 6,218
notice as current support in the following manner: 6,219
(1) If the total of the amounts designated in the notices 6,221
148
as current support exceeds the amount available for withholding 6,222
under section 303(b) of the "Consumer Credit Protection Act," 15 6,223
U.S.C. 1673(b), the employer, bureau of workers' compensation, 6,224
employer paying workers' compensation benefits, board, board of 6,225
trustees, or other governing entity of a municipal retirement 6,226
system, person paying or distributing income to an obligor, PAYOR 6,227
or financial institution shall allocate to each notice an amount 6,229
for current support equal to the amount designated in that notice 6,230
as current support multiplied by a fraction in which the 6,231
numerator is the amount of personal earnings, payments, pensions, 6,232
annuities, allowances, benefits, other sources of income, or 6,233
savings available for withholding and the denominator is the 6,234
total amount designated in all of the notices as current support. 6,235
(2) If the total of the amounts designated in the notices 6,237
as current support does not exceed the amount available for 6,238
withholding under section 303(b) of the "Consumer Credit 6,239
Protection Act," 15 U.S.C. 1673(b), the persons and entities 6,240
listed in division (C)(1) of this section PAYOR OR FINANCIAL 6,241
INSTITUTION shall pay all of the amounts designated as current 6,243
support in the notices and shall allocate to each notice an 6,244
amount for past-due support equal to the amount designated in 6,245
that notice as past-due support multiplied by a fraction in which 6,246
the numerator is the amount of personal earnings, payments, 6,247
pensions, annuities, allowances, benefits, other sources of 6,248
income, or savings remaining available for withholding after the 6,249
payment of current support and the denominator is the total 6,250
amount designated in all of the notices orders as past-due 6,251
support.
(E)(1) Except when a provision specifically authorizes or 6,253
requires service other than as described in this division, 6,254
service of any notice on any party, the bureau of workers' 6,255
compensation, an employer that is paying a person's workers' 6,256
compensation benefits, the public employees retirement board, the 6,257
board, board of trustees, or other governing entity of any 6,258
149
municipal retirement system, the board of trustees of the police 6,259
and firemen's disability and pension fund, the state teachers 6,261
retirement board, the school employees retirement board, the 6,262
state highway patrol retirement board, a person paying or 6,263
otherwise distributing an obligor's income, a financial 6,264
institution, or an employer A PAYOR, for purposes of division (A) 6,266
or (B) of this section, may be made by personal service or 6,267
ordinary first class mail directed to the addressee at the 6,268
addressee's last known address, or, in the case of a corporation, 6,269
at its usual place of doing business. 6,270
(2) Each party to an administrative support order shall 6,272
notify the child support enforcement agency of the party's 6,273
current mailing address and, current residence address, CURRENT 6,275
RESIDENCE TELEPHONE NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER, 6,276
at the time of the issuance or modification of the order and, 6,277
until further notice of the agency that issues the order, shall 6,278
notify the agency of any change in either address THAT 6,279
INFORMATION immediately after the change occurs. No person shall 6,281
fail to give the notice as required by division (E)(2) of this 6,282
section.
(3) Each administrative support order issued pursuant to 6,284
this section shall contain a statement requiring each party to 6,285
the order to notify the child support enforcement agency in 6,286
writing of the party's current mailing address, the party's 6,287
current residence address, CURRENT RESIDENCE TELEPHONE NUMBER, 6,288
CURRENT DRIVER'S LICENSE NUMBER, and of any changes in either 6,290
address THAT INFORMATION, and a notice that the requirement to 6,291
notify the agency of all changes in either address THAT 6,292
INFORMATION continues until further notice from the agency. 6,294
(4)(a) The parent who is the residential parent and legal 6,296
custodian of a child for whom an administrative support order is 6,297
issued or the person who otherwise has custody of a child for 6,298
whom an administrative support order is issued immediately shall 6,299
notify, and the obligor under an administrative support order may 6,300
150
notify, the child support enforcement agency of any reason for 6,301
which an administrative support order should terminate, 6,302
including, but not limited to, death, marriage, emancipation, 6,303
enlistment in the armed services, deportation, or change of legal 6,304
or physical custody of the child. Upon receipt of a notice 6,305
pursuant to this division, the agency immediately shall conduct 6,306
an investigation to determine if any reason exists for which the 6,307
administrative support order should terminate. If the agency so 6,308
determines, it immediately shall terminate the administrative 6,309
support order. 6,310
(b) Upon receipt of a notice given pursuant to division 6,312
(E)(4)(a) of this section, the agency shall DIRECT THE DIVISION 6,313
OF CHILD SUPPORT TO impound any funds received for the child 6,314
pursuant to the administrative support order and THE AGENCY SHALL 6,315
set the case for an administrative hearing for a determination of 6,317
whether the administrative support order should be terminated or 6,318
modified or whether the agency should take any other appropriate 6,319
action.
(c) If the child support enforcement agency terminates an 6,321
administrative support order pursuant to divisions (E)(4)(a) and 6,322
(b) of this section, the termination of the support order also 6,323
terminates any withholding or deduction order as described in 6,324
division (B) of this section that was issued relative to the 6,325
administrative support order prior to December 31, 1993, and any 6,326
withholding or deduction notice as described in division (B) of 6,327
this section that was issued relative to the administrative 6,328
support order on or after December 31, 1993. Upon the 6,329
termination of any withholding or deduction order or any 6,330
withholding or deduction notice, the agency immediately shall 6,331
notify each employer, PAYOR OR financial institution, or other 6,333
person or entity that was required to withhold or deduct a sum of
money for the payment of support under the terminated withholding 6,335
or deduction order or the terminated withholding or deduction 6,336
notice that the order or notice has been terminated and that it 6,337
151
is required to cease all withholding or deduction under the order 6,338
or notice. 6,339
(d) The department of human services shall adopt rules 6,341
that provide for both of the following: 6,342
(i) The return to the appropriate person of any funds that 6,344
a THE DIVISION OF child support enforcement agency has impounded 6,346
under division (E)(4)(b) of this section, if the administrative 6,347
support order under which the funds were paid has been terminated 6,348
pursuant to divisions (E)(4)(a) and (b) of this section; 6,349
(ii) The return to the appropriate person of any other 6,351
payments made pursuant to an administrative support order, if the 6,352
payments were made at any time after the administrative support 6,353
order under which the funds were paid has been terminated 6,354
pursuant to divisions (E)(4)(a) and (b) of this section. 6,355
(5) If any party to an administrative support order 6,357
requests a modification of the administrative support order or if 6,358
any obligee under an administrative support order or any person 6,359
on behalf of the obligee files any action to enforce an 6,360
administrative support order with the agency, the agency shall 6,361
proceed as provided in sections 3111.20 to 3111.28 and 3113.21 to 6,363
3113.219 SECTION 3111.27 of the Revised Code. IF THE OBLIGOR IS 6,365
IN DEFAULT UNDER THE ADMINISTRATIVE SUPPORT ORDER, THE AGENCY 6,366
SHALL PROCEED AS PROVIDED IN DIVISION (B) OF SECTION 3113.21 OF 6,367
THE REVISED CODE. IF ANY PERSON OTHERWISE FILES AN ACTION TO
ENFORCE AN ADMINISTRATIVE SUPPORT ORDER, THE AGENCY SHALL PROCEED 6,368
AS PROVIDED IN SECTIONS 3111.20 TO 3111.28 OF THE REVISED CODE. 6,369
(F)(1) Upon receipt of a notice that a lump-sum payment of 6,371
five hundred dollars or more is to be paid to the obligor, the 6,372
agency shall do either of the following: 6,373
(a) If the obligor is in default under the administrative 6,375
support order or has any unpaid arrearages under the 6,376
administrative support order, issue an administrative order 6,377
requiring the transmittal of the lump-sum payment to the DIVISION 6,378
OF child support enforcement agency; 6,379
152
(b) If the obligor is not in default under the 6,381
administrative support order and does not have any unpaid 6,382
arrearages under the support order, issue an administrative order 6,383
directing the person who gave the notice to the agency to 6,384
immediately pay the full amount of the lump-sum payment to the 6,385
obligor. 6,386
(2) Upon receipt of any moneys pursuant to division 6,388
(F)(1)(a) of this section, a THE DIVISION OF child support 6,389
enforcement agency shall pay the amount of the lump-sum payment 6,390
that is necessary to discharge all of the obligor's arrearages to 6,391
the obligee and, within two business days after its receipt of 6,392
the money, any amount that is remaining after the payment of the 6,393
arrearages to the obligor. 6,394
(G)(1) Any administrative support order, or modification 6,396
of an administrative support order, that is subject to this 6,397
section shall contain the date of birth and social security 6,398
number of the obligor. 6,399
(2) No withholding or deduction notice described in 6,401
division (B) of this section shall contain any information other 6,402
than the information specifically required by division (B) or 6,403
(G)(3) of this section or by any other section of the Revised 6,404
Code and any additional information that the issuing agency 6,405
determines may be necessary to comply with the notice. 6,406
(3) Each withholding or deduction notice described in 6,408
division (B) of this section shall include notice of all of the 6,409
following: 6,410
(a) That the child support enforcement agency may bring an 6,412
action under section 3111.28 of the Revised Code requesting the 6,413
court to find the employer, PAYOR OR financial institution, 6,415
employer that is paying the obligor's workers' compensation 6,416
benefits, public employees retirement board, board, board of 6,417
trustees, or other governing entity of any municipal retirement 6,418
system, board of trustees of the police and firemen's disability 6,419
and pension fund, state teachers retirement board, school 6,421
153
employees retirement board, state highway patrol retirement 6,422
board, person paying or otherwise distributing an obligor's 6,423
income, or bureau of workers' compensation in contempt pursuant
to section 2705.02 of the Revised Code if the employer, PAYOR OR 6,424
financial institution, employer that is paying the obligor's 6,425
workers' compensation benefits, public employees retirement 6,426
board, board, board of trustees, or other governing entity of the 6,427
municipal retirement system, board of trustees of the police and 6,428
firemen's disability and pension fund, state teachers retirement 6,430
board, school employees retirement board, state highway patrol 6,431
retirement board, person paying or otherwise distributing the 6,432
obligor's income, or bureau of workers' compensation fails to 6,433
comply with the withholding or deduction notice; 6,434
(b) That, if the employer, PAYOR OR financial institution, 6,436
employer that is paying the obligor's workers' compensation 6,438
benefits, public employees retirement board, board, board of 6,439
trustees, or other governing entity of the municipal retirement 6,440
system, board of trustees of the police and firemen's disability 6,442
and pension fund, state teachers retirement board, school 6,443
employees retirement board, state highway patrol retirement 6,444
board, person paying or otherwise distributing an obligor's 6,445
income, or bureau of workers' compensation fails to comply with 6,446
the withholding or deduction notice, that failure to comply is 6,448
contempt pursuant to section 2705.02 of the Revised Code. 6,449
(H) No withholding or deduction notice described in 6,451
division (B) of this section and issued under this section or any 6,452
other section of the Revised Code shall be terminated solely 6,453
because the obligor pays any part or all of the arrearages under 6,454
the administrative support order. 6,455
(I)(1) Except as provided in division (I)(2) of this 6,457
section and section 2301.42 of the Revised Code and the rules 6,458
adopted pursuant to division (C) of that section, if child 6,460
support arrearages are owed by an obligor to the obligee and to 6,462
the department of human services, any payments received on the 6,463
154
arrearages by the DIVISION OF child support enforcement agency 6,464
first shall be paid to the obligee until the arrearages owed to 6,466
the obligee are paid in full.
(2) Division (I)(1) of this section does not apply to the 6,468
collection of past-due child support from refunds of paid federal 6,469
taxes pursuant to section 5101.32 of the Revised Code or of 6,470
overdue child support from refunds of paid state income taxes 6,471
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 6,472
Sec. 3111.231. IF A CHILD SUPPORT ENFORCEMENT AGENCY 6,474
OTHERWISE REQUIRED BY DIVISION (A) OF SECTION 3111.23 OF THE 6,477
REVISED CODE TO ISSUE A WITHHOLDING OR DEDUCTION NOTICE UNDER 6,479
DIVISION (B) OF THAT SECTION IS UNABLE TO ISSUE THE NOTICE 6,481
BECAUSE NONE OF THE CONDITIONS SPECIFIED IN DIVISION (B) OF THAT 6,482
SECTION FOR ISSUING THE NOTICE APPLY TO THE OBLIGOR, THE AGENCY 6,483
SHALL ISSUE AN ADMINISTRATIVE ORDER REQUIRING THE OBLIGOR, IF 6,484
ABLE TO ENGAGE IN EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE 6,485
IN A WORK ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE 6,487
IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 6,493
U.S.C.A. 301, AS AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION 6,494
407(d) OF THE "SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS 6,500
AMENDED. THE AGENCY SHALL INCLUDE IN THE ORDER A REQUIREMENT 6,501
THAT THE OBLIGOR NOTIFY THE AGENCY ON OBTAINING EMPLOYMENT OR 6,502
INCOME, OR OWNERSHIP OF ANY ASSET WITH A VALUE OF FIVE HUNDRED 6,503
DOLLARS OR MORE. THE AGENCY MAY ISSUE THE ORDER REGARDLESS OF 6,504
WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES SUPPORT IS A 6,505
RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL SECURITY 6,509
ACT." 6,510
IF AN OBLIGOR IS ORDERED TO PARTICIPATE IN A WORK ACTIVITY, 6,514
THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL OVERSEE THE OBLIGOR'S 6,515
PARTICIPATION IN ACCORDANCE WITH RULES THE DEPARTMENT OF HUMAN 6,516
SERVICES SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE 6,518
REVISED CODE. THE AGENCY MAY CONTRACT WITH ONE OR MORE PERSONS 6,520
OR GOVERNMENT ENTITIES TO CARRY OUT SOME OR ALL OF ITS OVERSIGHT 6,521
DUTIES.
155
IF AN OBLIGOR FAILS TO COMPLY WITH AN ADMINISTRATIVE ORDER, 6,524
THE AGENCY SHALL SUBMIT A REQUEST TO A COURT FOR THE COURT TO 6,525
TAKE ACTION UNDER DIVISION (D)(4) OF SECTION 3113.21 OF THE 6,527
REVISED CODE. 6,528
Sec. 3111.24. (A)(1) For purposes of this section, a 6,537
withholding or deduction order that was issued prior to December 6,538
31, 1993, under division (A)(1), (2), (3), (4), or (5) of section 6,539
3111.23 of the Revised Code as the division existed prior to that 6,540
date and that has not been terminated on or after December 31, 6,541
1993, shall be considered to be a withholding or deduction notice 6,542
issued under divisions (A) and (B)(1), OR (2), (3), (4), or (5) 6,544
of section 3111.23 of the Revised Code. 6,545
(2) An employer A PAYOR required to withhold a specified 6,547
amount from the personal earnings INCOME of an employee pursuant 6,548
to a withholding notice issued under section 3111.23 of the 6,549
Revised Code for purposes of support also may deduct from the 6,550
personal earnings INCOME of the person, in addition to the amount 6,551
withheld for purposes of support, a fee of two dollars or an 6,553
amount not to exceed one per cent of the amount withheld for 6,554
purposes of support, whichever is greater, as a charge for its 6,555
services in complying with the withholding requirement included 6,556
in the withholding notice. An employer that is paying a person's 6,557
workers' compensation benefits and that is required to withhold a 6,558
specified amount from a person's workers' compensation benefits 6,559
pursuant to a withholding notice issued under divisions (A) and 6,560
(B)(2) of section 3111.23 of the Revised Code for purposes of 6,561
support also may deduct from the workers' compensation benefits, 6,562
in addition to the amount withheld for purposes of support, a fee 6,563
of two dollars or an amount not to exceed one per cent of the 6,564
amount withheld for purposes of support, whichever is greater, as 6,565
a charge for its services in complying with the withholding 6,566
requirement included in the withholding notice. A financial 6,567
institution required to deduct funds from an account pursuant to 6,568
a deduction notice issued under divisions (A) and (B)(5)(2) of 6,569
156
section 3111.23 of the Revised Code for purposes of support may 6,570
deduct from the account of the person, in addition to the amount 6,571
deducted for purposes of support, a fee of five dollars or an 6,572
amount not to exceed the lowest rate that it charges, if any, for 6,573
a debit transaction in a similar account, whichever is less, as a 6,574
charge for its service in complying with the deduction 6,575
requirement included in the deduction notice. The public 6,576
employees retirement board, the board, board of trustees, or 6,577
other governing entity of any municipal retirement system, the 6,578
board of trustees of the police and firemen's disability and 6,579
pension fund, the state teachers retirement board, the school 6,580
employees retirement board, the state highway patrol retirement 6,581
board, and a person paying or otherwise distributing an obligor's 6,582
income required to withhold or deduct a specified amount from an 6,583
obligor's pension, annuity, allowance, other benefit, or other 6,584
source of income pursuant to a withholding or deduction notice 6,585
issued under divisions (A) and (B)(3) or (4) of section 3111.23 6,586
of the Revised Code for purposes of support also may deduct from 6,587
the obligor's pension, annuity, allowance, other benefit, or 6,588
other source of income, a fee of two dollars or an amount not to 6,589
exceed one per cent of the amount withheld or deducted, whichever 6,590
is less, as a charge for its services in complying with the 6,591
withholding or deduction requirement included in the withholding 6,592
or deduction notice. 6,593
The entire amount withheld or deducted pursuant to a 6,595
withholding or deduction notice issued under divisions (A) and 6,596
(B) of section 3111.23 of the Revised Code for purposes of 6,597
support shall be forwarded to the DIVISION OF child support 6,598
enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES 6,600
immediately, but no later than ten SEVEN working days, after the 6,601
withholding or deduction, as directed in the withholding or 6,602
deduction notice. 6,603
(B) If an employer, a PAYOR OR financial institution, an 6,605
employer that is paying an obligor's workers' compensation 6,607
157
benefits, the public employees retirement board, the board, board 6,608
of trustees, or other governing entity of any municipal 6,609
retirement system, the board of trustees of the police and 6,610
firemen's disability and pension fund, the state teachers 6,611
retirement board, the school employees retirement board, the 6,612
state highway patrol retirement board, the person paying or 6,613
otherwise distributing an obligor's income, or the bureau of 6,614
workers' compensation is required to withhold or deduct a 6,615
specified amount from the personal earnings, payments, pensions, 6,616
annuities, allowances, benefits, other sources of income, or 6,617
savings of more than one obligor pursuant to a withholding or 6,618
deduction notice issued under divisions (A) and (B) of section 6,619
3111.23 of the Revised Code and is required to forward the 6,620
amounts withheld or deducted to the DIVISION OF child support 6,621
enforcement agency, the employer, the public employees retirement 6,622
board, the board, board of trustees, or other governing entity of 6,623
any municipal retirement system, the board of trustees of the 6,624
police and firemen's disability and pension fund, the state 6,625
teachers retirement board, the school employees retirement board, 6,626
the state highway patrol retirement board, the person paying or 6,627
otherwise distributing an obligor's income, the PAYOR OR 6,628
financial institution, the employer that is paying an obligor's 6,629
workers' compensation benefits, or the bureau of workers' 6,630
compensation may combine all of the amounts to be forwarded in 6,631
one payment, provided the payment is accompanied by a list that 6,632
clearly identifies each obligor who is covered by the payment and 6,633
the portion of the payment that is attributable to that obligor. 6,634
(C) Upon receipt of any amount forwarded from an employer, 6,636
a PAYOR OR financial institution, an employer that is paying a 6,637
person's workers' compensation benefits, the public employees 6,639
retirement board, the board, board of trustees, or other 6,640
governing entity of any municipal retirement system, the board of 6,641
trustees of the police and firemen's disability and pension fund, 6,642
the state teachers retirement board, the school employees 6,643
158
retirement board, the state highway patrol retirement board, the 6,644
person paying or otherwise distributing an obligor's income, or 6,645
the bureau of workers' compensation under this section, a THE 6,646
DIVISION OF child support enforcement agency shall distribute the 6,648
amount to the obligee within two business days of its receipt of 6,649
the amount forwarded. The department of human services may adopt, 6,650
amend, and rescind rules in accordance with Chapter 119. of the 6,651
Revised Code to assist child support enforcement agencies in the 6,652
implementation of this division. 6,653
(D) A PAYOR OR FINANCIAL INSTITUTION SHALL NOT BE SUBJECT 6,655
TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN ACCORDANCE WITH 6,656
THIS SECTION, WITH A WITHHOLDING OR DEDUCTION NOTICE ISSUED 6,657
PURSUANT TO DIVISION (B) OF SECTION 3111.23 OF THE REVISED CODE. 6,658
Sec. 3111.241. (A) As used in this section, "insurer" 6,667
means any person that is authorized to engage in the business of 6,668
insurance in this state under Title XXXIX of the Revised Code; 6,669
any prepaid dental plan, medical care corporation, health care 6,670
corporation, dental care corporation, or health maintenance 6,671
organization; and any legal entity that is self-insured and 6,672
provides benefits to its employees or members. 6,673
(B) If an administrative officer of a child support 6,675
enforcement agency issues IN ANY PROCEEDING IN WHICH an 6,676
administrative support order IS ISSUED under section 3111.20, 6,678
3111.21, or 3111.22 of the Revised Code, in addition to any 6,680
requirements in those sections, the CHILD SUPPORT ENFORCEMENT
agency also shall issue a separate order that includes all 6,682
DETERMINE THE PARENT RESPONSIBLE FOR THE HEALTH CARE OF THE 6,683
CHILDREN SUBJECT TO THE ORDER AND SHALL INCLUDE IN THE ORDER ONE 6,684
of the following:
(1) A requirement that the obligor under the child support 6,686
order obtain health insurance coverage for the children who are 6,687
the subject of the administrative child support order from an 6,688
insurer that provides a group health insurance or health care 6,689
policy, contract, or plan that is specified in the order and a 6,690
159
requirement that the obligor, no later than thirty days after the 6,691
issuance of the order under division (B)(1) of this section, 6,692
furnish written proof to the child support enforcement agency 6,693
that the required health insurance coverage has been obtained, if 6,694
that coverage is available at a reasonable cost through a group 6,695
health insurance or health care policy, contract, or plan offered 6,696
by the obligor's employer or through any other group health 6,697
insurance or health care policy, contract, or plan available to 6,698
the obligor and if health insurance coverage for the children IT 6,699
is not available for a more reasonable cost through a group 6,701
health insurance or health care policy, contract, or plan 6,702
available to the obligee under the administrative child support 6,703
order;
(2) If the obligor is required under division (B)(1) of 6,705
this section to obtain health insurance coverage for the children 6,706
who are the subject of the administrative child support order, a 6,707
requirement that the obligor supply the obligee with information 6,708
regarding the benefits, limitations, and exclusions of the health 6,709
insurance coverage, copies of any insurance forms necessary to 6,710
receive reimbursement, payment, or other benefits under the 6,711
health insurance coverage, and a copy of any necessary insurance 6,712
cards, a requirement that the obligor submit a copy of the 6,713
administrative order issued pursuant to division (B) of this 6,714
section to the insurer at the time that the obligor makes 6,715
application to enroll the children in the health insurance or 6,716
health care policy, contract, or plan, and a requirement that the 6,717
obligor, no later than thirty days after the issuance of the 6,718
administrative order under division (B)(2) of this section, 6,719
furnish written proof to the child support enforcement agency 6,720
that division (B)(2) of this section has been complied with; 6,721
(3) A requirement that the obligee under the 6,723
administrative child support order obtain health insurance 6,724
coverage for the children who are the subject of the 6,725
administrative child support order from an insurer that provides 6,726
160
a group health insurance or health care policy, contract, or plan 6,727
that is specified in the administrative order and a requirement 6,728
that the obligee, no later than thirty days after the issuance of 6,729
the administrative order under division (B)(1) of this section, 6,730
furnish written proof to the child support enforcement agency 6,731
that the required health insurance coverage has been obtained, if 6,732
that coverage is available through a group health insurance or 6,733
health care policy, contract, or plan offered by the obligee's 6,734
employer or through any other group health insurance or health 6,735
care policy, contract, or plan available to the obligee and if 6,736
that coverage IT is available at a more reasonable cost than 6,737
health insurance SUCH coverage for the children through a group 6,739
health insurance or health care policy, contract, or plan IS 6,740
available to the obligor; 6,741
(4) If the obligee is required under division (B)(3) of 6,743
this section to obtain health insurance coverage for the children 6,744
who are the subject of the administrative child support order, a 6,745
requirement that the obligee submit a copy of the administrative 6,746
order issued pursuant to division (B) of this section to the 6,747
insurer at the time that the obligee makes application to enroll 6,748
the children in the health insurance or health care policy, 6,749
contract, or plan; 6,750
(5) A list of the group health insurance and health care 6,752
policies, contracts, and plans that the child support enforcement 6,753
agency determines are available at a reasonable cost to the 6,754
obligor or to the obligee and the name of the insurer that issues 6,755
each policy, contract, or plan; 6,756
(6) A statement setting forth the name, address, and 6,758
telephone number of the individual who is to be reimbursed for 6,759
out-of-pocket medical, optical, hospital, dental, or prescription 6,760
expenses paid for each child who is the subject of the 6,761
administrative child support order and a statement that the 6,762
insurer that provides the health insurance coverage for the 6,763
children may continue making payment for medical, optical, 6,764
161
hospital, dental, or prescription services directly to any health 6,765
care provider in accordance with the applicable health insurance 6,766
or health care policy, contract, or plan; 6,767
(7) A requirement that the obligor and the obligee 6,769
designate the children who are the subject of the administrative 6,770
child support order as covered dependents under any health 6,771
insurance or health care policy, contract, or plan for which they 6,772
contract; 6,773
(8) A requirement that the obligor, the obligee, or both 6,775
of them under a formula established by the child support 6,776
enforcement agency pay copayment or deductible costs required 6,777
under the health insurance or health care policy, contract, or 6,778
plan that covers the children; 6,779
(9)(3) If health insurance coverage for the children who 6,781
are the subject of the administrative order is not available at a 6,783
reasonable cost through a group health insurance or health care 6,784
policy, contract, or plan offered by the obligor's employer or 6,785
through any other group health insurance or health care policy, 6,786
contract, or plan available to the obligor and is not available 6,787
at a reasonable cost through a group health insurance or health 6,788
care policy, contract, or plan offered by the obligee's employer 6,789
or through any other group health insurance or health care 6,790
policy, contract, or plan available to OR the obligee, a 6,791
requirement that the obligor and the obligee share liability for 6,793
the cost of the medical and health care needs of the children who 6,794
are the subject of the administrative order, under an equitable 6,795
formula established by the agency, and a requirement that if, 6,796
after the issuance of the order, health insurance coverage for 6,797
the children who are the subject of the administrative order 6,798
becomes available at a reasonable cost through a group health 6,799
insurance or health care policy, contract, or plan offered by the 6,800
obligor's or obligee's employer or through any other group health 6,801
insurance or health care policy, contract, or plan available to 6,802
the obligor or obligee, the obligor or obligee to whom the 6,803
162
coverage becomes available immediately inform the agency of that 6,804
fact.
(10) A notice that, if the obligor is required under 6,806
divisions (B)(1) and (2) of this section to obtain health 6,807
insurance coverage for the children who are the subject of the 6,808
administrative child support order and if the obligor fails to 6,809
comply with the requirements of those divisions, the child 6,810
support enforcement agency immediately shall issue an 6,811
administrative order to the employer of the obligor, upon written 6,812
notice from the child support enforcement agency, requiring the 6,813
employer to take whatever action is necessary to make application 6,814
to enroll the obligor in any available group health insurance or 6,815
health care policy, contract, or plan with coverage for the 6,816
children who are the subject of the administrative child support 6,817
order, to submit a copy of the administrative order issued 6,818
pursuant to division (B) of this section to the insurer at the 6,819
time that the employer makes application to enroll the children 6,820
in the health insurance or health care policy, contract, or plan, 6,821
and, if the obligor's application is accepted, to deduct any 6,822
additional amount from the obligor's earnings necessary to pay 6,823
any additional cost for that health insurance coverage; 6,824
(11) A notice that during the time that an order under 6,826
this section is in effect, the employer of the obligor is 6,827
required to release to the obligee or the child support 6,828
enforcement agency upon written request any necessary information 6,829
on the health insurance coverage of the obligor, including, but 6,830
not limited to, the name and address of the insurer and any 6,831
policy, contract, or plan number, and to otherwise comply with 6,832
this section and any court order issued under this section; 6,833
(12) A statement setting forth the full name and date of 6,835
birth of each child who is the subject of the administrative 6,836
child support order; 6,837
(13) A requirement that the obligor and the obligee comply 6,839
with any requirement described in division (B)(1), (2), (3), (4), 6,840
163
or (7) of this section that is contained in the order issued 6,841
under this section no later than thirty days after the issuance 6,842
of the order. 6,843
(C) If an administrative officer of a child support 6,845
enforcement agency issues an administrative support order under 6,846
section 3111.20, 3111.21, or 3111.22 of the Revised Code, the 6,847
child support enforcement agency, in addition to any requirements 6,849
in those sections and in lieu of an order issued under division 6,850
(B) of this section, may issue a separate order requiring both; 6,851
(4) A REQUIREMENT THAT BOTH the obligor and the obligee to 6,854
obtain health insurance coverage for the children who are the 6,855
subject of the administrative child support order, if health 6,856
insurance coverage is available for the children and if the 6,857
agency determines that the coverage is available at a reasonable 6,858
cost to both the obligor and the obligee and that the dual 6,859
coverage by both parents would provide for coordination of 6,860
medical benefits without unnecessary duplication of coverage. If 6,861
the agency issues an order under this division, it shall include 6,862
in the order any of the requirements, notices, and information 6,863
set forth in divisions (B)(1) to (13) of this section that are 6,864
applicable.
(D)(C) AN ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO 6,867
SECTION 3111.20, 3111.21, OR 3111.22 OF THE REVISED CODE SHALL 6,869
CONTAIN ALL OF THE FOLLOWING: 6,870
(1) IF THE OBLIGOR IS REQUIRED UNDER DIVISION (B)(1) OF 6,873
THIS SECTION, THE OBLIGEE IS REQUIRED UNDER DIVISION (B)(2) OF 6,875
THIS SECTION, OR BOTH THE OBLIGOR AND OBLIGEE ARE REQUIRED UNDER 6,876
DIVISION (B)(4) OF THIS SECTION, TO PROVIDE HEALTH INSURANCE 6,878
COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT THE OBLIGOR OR 6,879
OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, 6,880
PROVIDE THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS, 6,882
LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE, 6,883
COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT, 6,884
PAYMENT, OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE, 6,885
164
AND A COPY OF ANY NECESSARY INSURANCE CARDS, A REQUIREMENT THAT 6,886
THE OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH 6,887
INSURANCE COVERAGE, SUBMIT A COPY OF THE ADMINISTRATIVE ORDER 6,888
ISSUED PURSUANT TO DIVISION (B)(1), (2), OR (4) OF THIS SECTION 6,890
TO THE INSURER AT THE TIME THAT THE OBLIGOR OR OBLIGEE, WHOEVER
IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, MAKES 6,891
APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR 6,892
HEALTH CARE POLICY, CONTRACT, OR PLAN, AND A REQUIREMENT THAT THE 6,893
OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH 6,894
INSURANCE COVERAGE, FURNISH WRITTEN PROOF TO THE CHILD SUPPORT 6,895
ENFORCEMENT AGENCY THAT DIVISION (C)(1) OF THIS SECTION HAS BEEN 6,896
COMPLIED WITH;
(2) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 6,898
POLICIES, CONTRACTS, AND PLANS THAT THE CHILD SUPPORT ENFORCEMENT 6,899
AGENCY DETERMINES ARE AVAILABLE AT A REASONABLE COST TO THE 6,900
OBLIGOR OR TO THE OBLIGEE AND THE NAME OF THE INSURER THAT ISSUES 6,901
EACH POLICY, CONTRACT, OR PLAN; 6,902
(3) A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND 6,904
TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR 6,905
OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION 6,906
EXPENSES PAID FOR EACH CHILD WHO IS THE SUBJECT OF THE 6,907
ADMINISTRATIVE CHILD SUPPORT ORDER AND A STATEMENT THAT THE 6,908
INSURER THAT PROVIDES THE HEALTH INSURANCE COVERAGE FOR THE 6,909
CHILDREN MAY CONTINUE MAKING PAYMENT FOR MEDICAL, OPTICAL, 6,910
HOSPITAL, DENTAL, OR PRESCRIPTION SERVICES DIRECTLY TO ANY HEALTH 6,911
CARE PROVIDER IN ACCORDANCE WITH THE APPLICABLE HEALTH INSURANCE 6,912
OR HEALTH CARE POLICY, CONTRACT, OR PLAN; 6,913
(4) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE 6,915
DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH 6,916
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN FOR WHICH THEY 6,917
CONTRACT; 6,918
(5) A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH 6,920
OF THEM UNDER A FORMULA ESTABLISHED BY THE CHILD SUPPORT 6,921
ENFORCEMENT AGENCY PAY COPAYMENT OR DEDUCTIBLE COSTS REQUIRED 6,922
165
UNDER THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR 6,923
PLAN THAT COVERS THE CHILDREN; 6,924
(6) A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE 6,926
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO 6,928
RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT 6,929
AGENCY UPON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE 6,930
HEALTH INSURANCE COVERAGE, INCLUDING, BUT NOT LIMITED TO, THE 6,931
NAME AND ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN 6,932
NUMBER, AND TO OTHERWISE COMPLY WITH THIS SECTION AND ANY COURT 6,933
ORDER ISSUED UNDER THIS SECTION;
(7) A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF 6,935
BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE ADMINISTRATIVE 6,936
CHILD SUPPORT ORDER; 6,937
(8) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY 6,939
WITH ANY REQUIREMENT DESCRIBED IN DIVISION (B)(1), (2), AND (4), 6,940
AND (C)(1) AND (4) OF THIS SECTION THAT IS CONTAINED IN THE ORDER 6,941
ISSUED UNDER SECTION 3111.20, 3111.21, OR 3111.22 OF THE REVISED 6,943
CODE NO LATER THAN THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER. 6,945
(9) A NOTICE THAT, IF THE OBLIGOR OR OBLIGEE IS REQUIRED 6,947
TO OBTAIN HEALTH INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE 6,949
SUPPORT ORDER FOR THE CHILDREN AND IF THE OBLIGOR OR OBLIGEE 6,950
FAILS TO OBTAIN THE HEALTH INSURANCE COVERAGE, THE CHILD SUPPORT 6,951
ENFORCEMENT AGENCY WILL COMPLY WITH DIVISION (D) OF THIS SECTION 6,952
TO OBTAIN A COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO 6,953
OBTAIN THE HEALTH INSURANCE COVERAGE; 6,954
(10) A NOTICE THAT STATES THE FOLLOWING: "IF THE PERSON 6,956
REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE 6,957
CHILDREN SUBJECT TO THIS ADMINISTRATIVE SUPPORT ORDER OBTAINS NEW 6,959
EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS 6,960
PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY 6,961
WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION 3111.241 OF THE 6,962
REVISED CODE WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE 6,965
REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY 6,966
TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED 6,967
166
BY THE NEW EMPLOYER."
(D) IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH 6,969
INSURANCE COVERAGE ADMINISTRATIVE SUPPORT ORDER ISSUED IN 6,971
ACCORDANCE WITH THIS SECTION DOES NOT OBTAIN THE REQUIRED HEALTH 6,972
INSURANCE COVERAGE WITHIN THIRTY DAYS AFTER THE ADMINISTRATIVE 6,973
SUPPORT ORDER IS ISSUED, THE CHILD SUPPORT ENFORCEMENT AGENCY 6,974
SHALL NOTIFY THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE 6,975
AGENCY IS LOCATED IN WRITING OF THE FAILURE TO COMPLY WITH THE 6,977
ADMINISTRATIVE SUPPORT ORDER. ON RECEIPT OF THE NOTICE FROM THE
AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE EMPLOYER OF THE 6,978
OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE 6,979
REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY TO 6,981
MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE REQUIRED TO
OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE GROUP HEALTH 6,983
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN WITH COVERAGE 6,984
FOR THE CHILDREN, TO SUBMIT A COPY OF THE ADMINISTRATIVE SUPPORT 6,986
ORDER TO THE INSURER AT THE TIME THAT THE EMPLOYER MAKES 6,987
APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR 6,988
HEALTH CARE POLICY, CONTRACT, OR PLAN, AND, IF THE APPLICATION IS 6,990
ACCEPTED, TO DEDUCT FROM THE WAGES OR OTHER INCOME OF THE OBLIGOR 6,991
OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE THE COST 6,992
OF THE COVERAGE FOR THE CHILDREN. ON RECEIPT OF ANY COURT ORDER 6,993
UNDER THIS DIVISION, THE EMPLOYER SHALL TAKE WHATEVER ACTION IS 6,994
NECESSARY TO COMPLY WITH THE COURT ORDER. 6,995
(E)(1) IF AN OBLIGOR OR OBLIGEE IS REQUIRED TO OBTAIN 6,998
HEALTH INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE SUPPORT 6,999
ORDER IN ACCORDANCE WITH THIS SECTION AND THE OBLIGOR OR OBLIGEE 7,000
OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN 7,001
EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD 7,002
SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE WHETHER THE NEW 7,003
EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT WOULD COVER THE 7,004
CHILDREN. IF THE AGENCY DETERMINES THAT THE NEW EMPLOYER 7,005
PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD COVER THE CHILDREN, 7,006
THE AGENCY SHALL SEND A NOTICE DESCRIBED IN DIVISION (E)(2) OF 7,008
167
THIS SECTION AND A COPY OF THE ADMINISTRATIVE SUPPORT ORDER TO 7,009
THE NEW EMPLOYER AND SHALL SEND A COPY OF THE NOTICE TO THE 7,010
OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH 7,011
INSURANCE COVERAGE UNDER THE ADMINISTRATIVE SUPPORT ORDER. ON 7,012
RECEIPT OF THE NOTICE, THE NEW EMPLOYER SHALL COMPLY WITH ITS 7,013
PROVISIONS.
(2) THE NOTICE REQUIRED BY DIVISION (E)(1) SHALL CONTAIN 7,016
THE FOLLOWING: 7,017
(a) A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER 7,020
ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR 7,021
OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, 7,022
IN ANY AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, 7,023
CONTRACT, OR PLAN WITH COVERAGE FOR THE CHILDREN; 7,024
(b) A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF 7,027
THE ADMINISTRATIVE SUPPORT ORDER REQUIRING THE OBLIGOR OR OBLIGEE 7,028
TO OBTAIN HEALTH CARE INSURANCE FOR THE CHILDREN TO THE INSURER 7,029
AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO ENROLL THE 7,030
CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, 7,031
OR PLAN;
(c) A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED, 7,034
THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE 7,035
OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN THE HEALTH 7,036
INSURANCE COVERAGE, THE COST OF THE COVERAGE FOR THE CHILDREN; 7,037
(d) A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE 7,040
FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE 7,041
ADMINISTRATIVE SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS 7,042
AFTER THE DATE ON WHICH THE NOTICE IS SENT, FILES A WRITTEN 7,043
REQUEST WITH THE AGENCY REQUESTING MODIFICATION OF THE 7,044
ADMINISTRATIVE SUPPORT ORDER PURSUANT TO SECTION 3111.27 OF THE 7,045
REVISED CODE. 7,046
(F) Any administrative SUPPORT order issued under IN 7,049
ACCORDANCE WITH, OR ANY COURT ORDER ISSUED UNDER DIVISION (D) OF, 7,050
this section shall be binding upon the obligor and the obligee, 7,052
168
their employers, and any insurer that provides health insurance 7,053
coverage for either of them or their children. The agency shall 7,054
send a copy of any THE administrative SUPPORT order issued under 7,056
this section that contains any requirement or notice described in 7,057
division (B)(1), (2), (3), (4), (7), (8), or (10) of this section 7,059
OR COURT ORDER by ordinary mail to the obligor, the obligee, and 7,060
any employer that is subject to the administrative order OR COURT 7,061
ORDER. The agency shall send a copy of any administrative order 7,063
issued under this section that contains any requirement contained 7,064
in division (B)(9) of this section by ordinary mail to the 7,065
obligor and obligee.
(E) If an obligor does not comply with any administrative 7,067
order issued under this section that contains any requirement or 7,068
notice described in division (B)(1), (2), (4), (7), (8), or (10) 7,069
of this section within thirty days after the administrative order 7,070
is issued, the child support enforcement agency shall notify the 7,071
court of common pleas of the county in which the agency is 7,072
located in writing of the failure of the obligor to comply with 7,073
the administrative order. Upon receipt of the notice from the 7,074
agency, the court shall issue an order to the employer of the 7,075
obligor requiring the employer to take whatever action is 7,076
necessary to make application to enroll the obligor in any 7,077
available group health insurance or health care policy, contract, 7,078
or plan with coverage for the children who are the subject of the 7,079
administrative child support order, to submit a copy of the 7,080
administrative order issued pursuant to division (B) of this 7,081
section to the insurer at the time that the employer makes 7,082
application to enroll the children in the health insurance or 7,083
health care policy, contract, or plan, and, if the obligor's 7,084
application is accepted, to deduct from the wages or other income 7,085
of the obligor the cost of the coverage for the children. Upon 7,086
receipt of any court order under this division, the employer 7,087
shall take whatever action is necessary to comply with the court 7,088
order. 7,089
169
(G)(1) During the time that any administrative SUPPORT 7,091
ORDER ISSUED IN ACCORDANCE WITH, or court order issued under 7,093
DIVISION (D) OF, this section is in effect and after the employer 7,095
has received a copy of the administrative SUPPORT ORDER or court 7,096
order, the employer of the obligor who is the subject of OR 7,097
OBLIGEE REQUIRED TO COMPLY WITH the administrative SUPPORT ORDER 7,098
or court order shall comply with the administrative SUPPORT ORDER 7,099
or court order and, upon request from the obligee OTHER PARENT or 7,101
THE agency, shall release to the obligee THAT OTHER PARENT and 7,103
the child support enforcement agency all information about the 7,105
obligor's health insurance coverage that is necessary to ensure 7,106
compliance with this section or any administrative SUPPORT ORDER 7,107
ISSUED IN ACCORDANCE WITH, or court order issued under DIVISION 7,108
(D) OF, this section, including, but not limited to, the name and 7,109
address of the insurer and any policy, contract, or plan number. 7,110
Any information provided by an employer pursuant to this division 7,111
shall be used only for the purpose of the enforcement of an THE 7,112
administrative SUPPORT ORDER or court order issued under this 7,113
section. 7,114
(2) Any employer who receives a copy of an THE 7,116
administrative SUPPORT ORDER or court order issued under this 7,118
section shall notify the child support enforcement agency of any 7,119
change in or the termination of the obligor's health insurance 7,120
coverage that is maintained pursuant to an THE order issued under 7,121
this section.
(F)(3) Any insurer that receives a copy of an 7,123
administrative SUPPORT order OR COURT ORDER issued under IN 7,124
ACCORDANCE WITH this section shall comply with this section and 7,126
any administrative order issued under this section, regardless of 7,127
the residence of the children. If an insurer provides health 7,128
insurance coverage for the children who are the subject of an 7,129
administrative child support order in accordance with an THE 7,130
ADMINISTRATIVE SUPPORT order OR COURT ORDER issued under DIVISION 7,131
(D) OF this section, the insurer shall reimburse the parent, who 7,132
170
is designated to receive reimbursement in the administrative 7,133
SUPPORT order issued under this section, for covered 7,135
out-of-pocket medical, optical, hospital, dental, or prescription 7,136
expenses incurred on behalf of the children subject to the 7,137
administrative order.
(G)(H) If an obligee under an administrative child support 7,139
order ISSUED IN ACCORDANCE WITH THIS SECTION is eligible for 7,140
medical assistance under Chapter 5111. or 5115. of the Revised 7,142
Code and the obligor has obtained health insurance coverage 7,143
pursuant to an administrative order issued under division (B) of 7,144
this section, the obligee shall notify any physician, hospital, 7,145
or other provider of medical services for which medical 7,146
assistance is available of the name and address of the obligor's 7,147
insurer and of the number of the obligor's health insurance or 7,148
health care policy, contract, or plan. Any physician, hospital, 7,149
or other provider of medical services for which medical 7,150
assistance is available under Chapter 5111. or 5115. of the 7,151
Revised Code who is notified under this division of the existence 7,152
of a health insurance or health care policy, contract, or plan 7,153
with coverage for children who are eligible for medical
assistance first shall bill the insurer for any services provided 7,154
for those children. If the insurer fails to pay all or any part 7,155
of a claim filed under this division by the physician, hospital, 7,156
or other medical services provider and the services for which the 7,157
claim is filed are covered by Chapter 5111. or 5115. of the 7,158
Revised Code, the physician, hospital, or other medical services 7,160
provider shall bill the remaining unpaid costs of the services in 7,161
accordance with Chapter 5111. or 5115. of the Revised Code. 7,162
(H)(I) Any obligor who fails to comply with an 7,164
administrative SUPPORT order issued under IN ACCORDANCE WITH, OR 7,165
A COURT ORDER ISSUED UNDER DIVISION (D) OF, this section is 7,166
liable to the obligee for any medical expenses incurred as a 7,168
result of the failure to comply with the administrative order. 7,169
AN OBLIGEE WHO FAILS TO COMPLY WITH AN ADMINISTRATIVE SUPPORT 7,170
171
ORDER ISSUED IN ACCORDANCE WITH, OR A COURT ORDER ISSUED UNDER 7,171
DIVISION (D) OF, THIS SECTION IS LIABLE TO THE OBLIGOR FOR ANY 7,172
MEDICAL EXPENSES INCURRED AS A RESULT OF THE FAILURE TO COMPLY
WITH THE ORDER. 7,173
(I)(J) Nothing in this section shall be construed to 7,175
require an insurer to accept for enrollment any child who does 7,176
not meet the underwriting standards of the health insurance or 7,177
health care policy, contract, or plan for which application is 7,178
made.
(J) If any person fails to comply with an administrative 7,180
(K) WHOEVER VIOLATES A COURT order issued under DIVISION (D) OF 7,182
this section, the agency may bring an action under section 7,184
3111.242 of the Revised Code in the juvenile court of the county 7,185
in which the agency is located requesting the court to find the 7,186
obligor or any other person in MAY BE PUNISHED AS FOR contempt 7,187
pursuant to section 2705.02 of the Revised Code. 7,188
(L) AN ADMINISTRATIVE ORDER ISSUED PURSUANT TO THIS 7,191
SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT TO PROVIDE 7,192
FOR THE HEALTH CARE NEEDS OF CHILDREN SUBJECT TO AN 7,193
ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO SECTION 3111.20, 7,194
3111.21, OR 3111.22 OF THE REVISED CODE SHALL REMAIN IN FULL 7,196
FORCE AND EFFECT AND SHALL BE CONSIDERED A REQUIREMENT INCLUDED 7,197
AS PART OF THE ADMINISTRATIVE SUPPORT ORDER. THE ADMINISTRATIVE 7,198
SUPPORT ORDER SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION 7,199
ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 7,200
Sec. 3111.242. If an obligor or any other person fails to 7,209
comply with an administrative order issued under section 3111.20, 7,210
3111.21, OR 3111.22, or 3111.241 of the Revised Code, the child 7,213
support enforcement agency that issued the administrative order
may request the juvenile court of the county in which the agency 7,214
is located to find the obligor or other person in contempt 7,215
pursuant to section 2705.02 of the Revised Code. 7,216
Sec. 3111.25. (A)(1) For purposes of this section, a 7,225
withholding or deduction order that was issued prior to December 7,226
172
31, 1993, under division (A)(1), (2), (4), or (5) of section 7,227
3111.23 of the Revised Code as the division existed prior to that 7,228
date and that has not been terminated on or after December 31, 7,229
1993, shall be considered to be a withholding or deduction notice 7,230
issued under divisions (A) and (B)(1), OR (2), (4), or (5) of 7,232
section 3111.23 of the Revised Code. 7,233
(2) An employer A PAYOR that fails to withhold an amount 7,235
from an obligor's personal earnings INCOME for support in 7,237
accordance with a withholding requirement contained in a 7,239
withholding notice issued under divisions (A) and (B)(1) of 7,240
section 3111.23 of the Revised Code, an employer that is paying 7,241
an obligor's workers' compensation benefits and that fails to 7,242
withhold the obligor's workers' compensation benefits for support 7,243
in accordance with a withholding requirement contained in a 7,244
withholding notice issued under divisions (A) and (B)(2) of 7,245
section 3111.23 of the Revised Code, OR a financial institution 7,246
that fails to deduct funds from an obligor's account for support 7,247
in accordance with a deduction requirement contained in a 7,248
deduction notice issued under divisions (A) and (B)(5)(2) of 7,249
section 3111.23 of the Revised Code, or any other person that 7,251
fails to withhold or deduct an amount from the income of an 7,252
obligor in accordance with a withholding or deduction requirement 7,253
contained in a withholding or deduction notice issued under 7,254
divisions (A) and (B)(4) of section 3111.23 of the Revised Code 7,255
is liable for the amount that was not withheld or deducted, 7,256
provided that no PAYOR THAT IS AN employer whose normal pay and 7,258
disbursement cycles make it impossible to comply with a
withholding requirement contained in a withholding notice issued 7,259
under divisions (A) and (B)(1) of section 3111.23 of the Revised 7,260
Code shall be liable for the amount not withheld if the employer, 7,261
as soon as possible after the employer's receipt of the 7,262
withholding notice, provides the agency that issued the 7,263
withholding notice with written notice of the impossibility and 7,264
the reasons for the impossibility. An employer who is liable 7,265
173
under this provision for an amount that was not withheld shall be 7,266
ordered by the agency to pay that amount to the DIVISION OF child 7,267
support enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES, 7,269
to be disbursed in accordance with the administrative support 7,271
order for the benefit of the child or spouse. 7,272
(B) No PAYOR THAT IS AN employer may use a requirement to 7,274
withhold personal earnings contained in a withholding notice 7,276
issued under divisions (A) and (B)(1) of section 3111.23 of the 7,277
Revised Code as a basis for a discharge of, or for any 7,278
disciplinary action against, an employee, or as a basis for a 7,279
refusal to employ a person.
Sec. 3111.27. (A) No later than May 1, 1992, the 7,288
department of human services shall adopt rules in accordance with 7,289
Chapter 119. of the Revised Code establishing a procedure 7,290
substantially similar to the procedure adopted pursuant to 7,291
section 3113.216 of the Revised Code for determining when 7,292
existing administrative support orders should be reviewed to 7,293
determine whether it is necessary or in the best interest of the 7,294
child who is the subject of the administrative support order to 7,295
modify: 7,296
(1) THE SUPPORT AMOUNT ORDERED UNDER the administrative 7,298
support order and to calculate any modification TO THE SUPPORT 7,300
AMOUNT in accordance with section 3113.215 of the Revised Code; 7,302
(2) THE PROVISIONS FOR THE CHILD'S HEALTH CARE NEEDS IN 7,304
THE ADMINISTRATIVE SUPPORT ORDER AND TO MAKE THE MODIFICATION IN 7,305
ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE. 7,306
(B)(1) If a child support enforcement agency, periodically 7,308
or upon the request of the obligee or obligor, plans to review an 7,309
administrative support order in accordance with the rules adopted 7,310
pursuant to division (A) of this section or otherwise is 7,311
requested to review an administrative support order, it shall do 7,312
all the following prior to formally beginning the review: 7,313
(a) Establish a date certain upon which the review shall 7,315
begin; 7,316
174
(b) At least sixty days before formally beginning the 7,318
review, send the obligor and obligee notice of the planned review 7,319
and of the date when the review will formally begin; 7,320
(c) Request the obligor to provide the agency, no later 7,322
than the scheduled date for formally beginning the review, with a 7,323
copy of the obligor's federal income tax return from the previous 7,324
year, a copy of all pay stubs obtained by the obligor within the 7,325
preceding six months, a copy of all records evidencing the 7,326
receipt of salary, wages, or compensation by the obligor within 7,327
the preceding six months, A LIST OF THE GROUP HEALTH INSURANCE 7,328
AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE 7,329
OBLIGOR AND THEIR COSTS, THE CURRENT GROUP HEALTH INSURANCE OR 7,330
HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS 7,331
ENROLLED AND ITS COST, and any other information necessary to 7,332
properly review the administrative support order, and request the 7,333
obligee to provide the agency, no later than the scheduled date 7,334
for review to formally begin, with a copy of the obligee's 7,335
federal income tax returns from the previous year, a copy of all 7,336
pay stubs obtained by the obligee within the preceding six 7,337
months, a copy of all records evidencing the receipt of salary, 7,340
wages, or compensation by the obligee within the preceding six 7,341
months, A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 7,343
POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR 7,344
COSTS, THE CURRENT GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, 7,345
CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS 7,346
COST, and any other information necessary to properly review the 7,348
administrative support order;
(d) Include in the notice sent pursuant to division 7,350
(B)(1)(b) of this section, a notice that if either the obligor or 7,351
obligee fails to comply with the request for information, the 7,352
agency may bring an action under section 3111.28 of the Revised 7,353
Code requesting the court to find the obligor and the obligee in 7,355
contempt pursuant to section 2705.02 of the Revised Code.
(2) If either the obligor or obligee fails to comply with 7,357
175
the request made pursuant to division (B)(1)(c) of this section, 7,358
the agency may bring an action under section 3111.28 of the 7,359
Revised Code in the court of common pleas of the county in which 7,360
the agency is located requesting the court to issue an order 7,361
requiring an obligor and obligee to comply with the agency's 7,362
request for information pursuant to division (B)(1)(c) of this 7,363
section. If the obligor or obligee fails to comply with the 7,364
court order issued pursuant to section 3111.28 of the Revised 7,365
Code requiring compliance with the administrative request for 7,366
information, the obligor or obligee is in contempt of court. In 7,368
the action brought under section 3111.28 of the Revised Code, the
agency may request the court to issue an order to require the 7,370
obligor or obligee to provide the necessary information or to 7,371
permit the agency to take whatever action is necessary to obtain 7,372
information and make any reasonable assumptions necessary with 7,373
respect to the income of INFORMATION the person in contempt DID 7,375
NOT PROVIDE to ensure a fair and equitable review of the 7,377
administrative child support order. If the agency decides to
conduct the review based on the reasonable assumptions with 7,378
respect to the income of INFORMATION the person in contempt DID 7,380
NOT PROVIDE, it shall proceed in accordance with the rules 7,381
adopted by the department of human services pursuant to division 7,382
(A) of this section.
(C)(1) If the agency determines that a modification is 7,384
necessary and in the best interest of the child who is the 7,385
subject of the administrative support order, the agency shall 7,386
calculate the amount the obligor shall pay in accordance with 7,387
section 3113.215 of the Revised Code. The agency may not deviate 7,388
from the guidelines set forth in section 3113.215 of the Revised 7,389
Code. 7,390
(2) If the agency cannot set the amount of support the 7,392
obligor shall pay without deviating from the guidelines set forth 7,393
in section 3113.215 of the Revised Code, the agency shall bring 7,394
an action under section 2151.231 of the Revised Code on behalf of 7,395
176
the person who requested the agency to review the existing 7,396
administrative order or if no one requested the review, on behalf 7,397
of the obligee, in the court of common pleas of the county in 7,398
which the agency is located requesting the court to issue a 7,399
support order in accordance with sections 3113.21 to 3113.219 of 7,400
the Revised Code. 7,401
(3) WHEN IT REVIEWS AN ADMINISTRATIVE SUPPORT ORDER 7,403
PURSUANT TO THIS SECTION, THE AGENCY SHALL CONSIDER WHETHER THE 7,404
PROVISION FOR THE CHILD'S HEALTH CARE NEEDS IN THE ADMINISTRATIVE 7,406
SUPPORT ORDER IS ADEQUATE. IF THE AGENCY DETERMINES THAT THE 7,407
ADMINISTRATIVE SUPPORT ORDER DOES NOT PROVIDE ADEQUATELY FOR THE 7,408
CHILD'S HEALTH CARE NEEDS, THE AGENCY SHALL MODIFY THE ORDER IN 7,409
ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE. 7,411
(D) If the agency modifies an existing administrative 7,413
support order, the agency shall provide the obligee and obligor 7,414
with notice of the change and shall include in the notice a 7,415
statement that the obligor or obligee may object to the modified 7,416
administrative support order by initiating an action under 7,417
section 2151.231 of the Revised Code in the juvenile court of the 7,418
county in which the mother, the father, the child, or the 7,419
guardian or custodian of the child resides. 7,420
Sec. 3111.28. (A) If an employer, a PAYOR OR A financial 7,429
institution, an employer that is paying the obligor's workers' 7,430
compensation benefits, the public employees retirement board, the 7,431
board, board of trustees, or other governing entity of any 7,432
municipal retirement system, the board of trustees of the police 7,433
and firemen's disability and pension fund, the state teachers 7,435
retirement board, the school employees retirement board, the 7,436
state highway patrol retirement board, the person paying or 7,437
otherwise distributing an obligor's income, or the bureau of 7,438
workers' compensation fails to comply with a withholding or 7,439
deduction requirement contained in a withholding or deduction 7,440
notice issued under section 3111.23 of the Revised Code, the 7,441
child support enforcement agency that issued the withholding or 7,442
177
deduction notice shall request the court to find the employer, 7,443
PAYOR OR financial institution, employer that is paying the 7,446
obligor's workers' compensation benefits, public employees 7,447
retirement board, board, board of trustees, or other governing 7,448
entity of the municipal retirement system, board of trustees of 7,449
the police and firemen's disability and pension fund, state 7,450
teachers retirement board, school employees retirement board, 7,451
state highway patrol retirement board, person paying or otherwise 7,452
distributing an obligor's income, or bureau of workers'
compensation person in contempt pursuant to section 2705.02 of 7,454
the Revised Code.
(B) If an obligor or obligee fails to comply with a child 7,456
support enforcement agency's request for information pursuant to 7,457
section 3111.27 of the Revised Code, the agency may request the 7,458
court of common pleas of the county in which the agency is 7,459
located to issue an order requiring the obligor or obligee to 7,460
provide the necessary information or to permit the agency to take 7,461
whatever action is necessary to obtain information and make any 7,462
reasonable assumptions necessary with respect to the income of 7,463
the person who failed to comply with the request to ensure a fair 7,464
and equitable review of the administrative child support order. 7,465
If the obligor or obligee fails to comply with a court order 7,466
requiring compliance with the agency's request for information, 7,467
the obligor or obligee is in contempt of court. If an obligor or 7,468
obligee is in contempt of court, the agency may request the court 7,469
to hold the person who failed to comply in contempt or to permit 7,470
the agency to take whatever action is necessary to obtain 7,471
information and make any reasonable assumptions necessary with 7,472
respect to the income of the person who failed to comply with the 7,473
request to ensure a fair and equitable review of the 7,474
administrative child support order. 7,475
Sec. 3111.37. (A) If a married woman is the subject of a 7,484
non-spousal artificial insemination and if her husband consented 7,485
to the artificial insemination, the husband shall be treated in 7,486
178
law and regarded as the natural father of a child conceived as a 7,487
result of the artificial insemination, and a child so conceived 7,488
shall be treated in law and regarded as the natural child of the 7,489
husband. A presumption that arises under division (A)(1) or (2) 7,490
of section 3111.03 of the Revised Code is conclusive with respect 7,491
to this father and child relationship, and no action OR 7,492
PROCEEDING under sections 3111.01 to 3111.19 OR SECTION 3111.21 7,494
OR 3111.22 of the Revised Code shall affect the relationship. 7,496
(B) If a woman is the subject of a non-spousal artificial 7,498
insemination, the donor shall not be treated in law or regarded 7,499
as the natural father of a child conceived as a result of the 7,500
artificial insemination, and a child so conceived shall not be 7,501
treated in law or regarded as the natural child of the donor. No 7,502
action OR PROCEEDING under sections 3111.01 to 3111.19 OR SECTION 7,503
3111.21 OR 3111.22 of the Revised Code shall affect these 7,505
consequences.
Sec. 3113.04. (A) Sentence may be suspended if a person, 7,514
after conviction under section 2919.21 of the Revised Code and 7,515
before sentence under that section, appears before the court of 7,516
common pleas in which the conviction took place and enters into 7,517
bond to the state in a sum fixed by the court at not less than 7,518
five hundred nor more than one thousand dollars, with sureties 7,519
approved by the court, conditioned that the person will furnish 7,520
the child or other dependent with necessary or proper home, care, 7,521
food, and clothing, or will pay promptly each week for such 7,522
purpose to the DIVISION OF child support enforcement agency IN 7,524
THE DEPARTMENT OF HUMAN SERVICES, a sum to be fixed by the 7,525
agency. The child support enforcement agency shall comply with 7,526
sections 3113.21 to 3113.219 of the Revised Code when it fixes 7,527
the sum to be paid TO THE DIVISION.
(B) Each order for child support made or modified under 7,529
this section on or after December 31, 1993, shall include as part 7,530
of the order a general provision, as described in division (A)(1) 7,531
of section 3113.21 of the Revised Code, requiring the withholding 7,532
179
or deduction of wages INCOME or assets of the obligor under the 7,533
order as described in division (D) of section 3113.21 of the 7,535
Revised Code or another type of appropriate requirement as 7,536
described in division (D)(6)(3), (D)(7)(4) or (H) of that 7,537
section, to ensure that withholding or deduction from the wages 7,539
INCOME or assets of the obligor is available from the 7,541
commencement of the support order for collection of the support 7,542
and of any arrearages that occur; a statement requiring all 7,543
parties to the order to notify the child support enforcement 7,544
agency in writing of their current mailing address, their current 7,545
residence address, CURRENT RESIDENT TELEPHONE NUMBER, CURRENT 7,546
DRIVER'S LICENSE NUMBER, and any changes in either address TO 7,547
THAT INFORMATION, and a notice that the requirement to notify the 7,548
agency of all changes in either address TO THAT INFORMATION 7,549
continues until further notice from the court. If any person 7,551
required to pay child support under an order made under this 7,552
section on or after April 15, 1985, or modified on or after 7,553
December 1, 1986, is found in contempt of court for failure to 7,554
make support payments under the order, the court that makes the 7,555
finding, in addition to any other penalty or remedy imposed, 7,556
shall assess all court costs arising out of the contempt 7,557
proceeding against the person and require the person to pay any 7,558
reasonable attorney's fees of any adverse party, as determined by 7,559
the court, that arose in relation to the act of contempt. 7,560
(C) Notwithstanding section 3109.01 of the Revised Code, 7,562
if a court issues a child support order under this section, the 7,563
order shall remain in effect beyond the child's eighteenth 7,564
birthday as long as the child continuously attends on a full-time 7,565
basis any recognized and accredited high school. Any parent 7,566
ordered to pay support under a child support order issued under 7,567
this section shall continue to pay support under the order, 7,568
including during seasonal vacation periods, until the order 7,569
terminates. 7,570
Sec. 3113.07. As used in this section, "executive 7,579
180
director" has the same meaning as in section 5153.01 of the 7,580
Revised Code. 7,581
Sentence may be suspended, if a person, after conviction 7,583
under section 3113.06 of the Revised Code and before sentence 7,584
thereunder, appears before the court of common pleas in which 7,585
such conviction took place and enters into bond to the state in a 7,586
sum fixed by the court at not less than five hundred dollars, 7,587
with sureties approved by such court, conditioned that such 7,588
person will pay, so long as the child remains a ward of the 7,589
county children services board or county department of human 7,590
services or a recipient of aid pursuant to Chapter 5107. or 5115. 7,592
of the Revised Code, to the executive director thereof or to a 7,593
trustee to be named by the court, for the benefit of such
department or board or if the child is a recipient of aid 7,594
pursuant to Chapter 5107. or 5115. of the Revised Code, to the 7,596
county department of human services, the reasonable cost of 7,597
keeping such child. The amount of such costs and the time of
payment shall be fixed by the court. 7,598
THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE 7,601
REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS 7,603
SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE 7,604
FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE 7,605
COURT.
Sec. 3113.21. (A)(1) In any action in which support is 7,614
ordered under Chapter 3115. or under section 2151.23, 2151.33, 7,615
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 7,617
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the 7,619
court shall require the withholding or deduction of wages INCOME 7,620
or assets of the obligor in accordance with division (D) of this 7,621
section or require the issuance of another type of appropriate 7,622
court order in accordance with division (D)(6)(3) or (7)(4) or 7,624
(H) of this section to ensure that withholding or deduction from 7,625
the wages INCOME or assets of the obligor is available from the 7,626
commencement of the support order for the collection of the 7,628
181
support and any arrearages that occur. The court shall determine 7,629
the specific withholding or deduction requirements or other 7,630
appropriate requirements applicable to the obligor under the 7,631
support order in accordance with divisions (D) and (H) of this 7,632
section and section 2301.371 of the Revised Code and shall 7,633
include the specific requirements in the notices described in 7,634
divisions (A)(2) and (D) of this section or in the court orders 7,635
described in divisions (A)(2), (D)(6)(3) or (7)(4), and (H) of 7,636
this section. Any person required to comply with any withholding 7,638
or deduction requirement shall determine the manner of 7,639
withholding or deducting from the specific requirement included 7,640
in the notices described in those divisions without the need for 7,641
any amendment to the support order, and any person required to 7,642
comply with a court order described in division (D)(6)(3), 7,643
(D)(7)(4), or (H) of this section shall comply with the court 7,645
order without the need for any amendment to the support order. 7,646
The court shall include in any action in which support is ordered 7,647
as described in division (A)(1) of this section a general 7,648
provision that states the following:
"All child support and spousal support under this order 7,651
shall be withheld or deducted from the wages INCOME or assets of 7,652
the obligor pursuant to a withholding or deduction notice or 7,654
appropriate court order issued in accordance with section 3113.21 7,655
of the Revised Code and shall be forwarded to the obligee in 7,656
accordance with sections 3113.21 to 3113.214 of the Revised 7,658
Code."
(2) In any action in which support is ordered or modified 7,660
as described in division (A)(1) of this section, the court shall 7,661
determine in accordance with divisions (D) and (H) of this 7,662
section the types of withholding or deduction requirements or 7,663
other appropriate requirements that should be imposed relative to 7,664
the obligor under the support order to collect the support due 7,665
under the order. Within fifteen days after the obligor under the 7,666
support order is located subsequent to the issuance of the 7,667
182
support order or within fifteen days after the default under the 7,669
support order, whichever is applicable, the court or the child 7,670
support enforcement agency, as determined by agreement of the 7,671
court and the agency, shall send a notice by regular mail to each 7,672
person required to comply with a withholding or deduction 7,673
requirement. The notice shall specify the withholding or 7,674
deduction requirement and shall contain all of the information 7,675
set forth in division (D)(1)(b), OR (2)(b), (3)(b), (4)(b), or 7,677
(5)(b) of this section that is applicable to the requirement. If 7,678
the appropriate requirement is an order of the type described in 7,679
division (D)(6)(3), (D)(7)(4), or (H) of this section, the court 7,681
shall issue and send a court order in accordance with that 7,682
division. The notices and court orders, and the notices provided 7,683
by the court or child support enforcement agency that require the 7,684
obligor to notify the agency of any change in the obligor's 7,685
employment status or of any other change in the status of the 7,686
obligor's assets, are final and are enforceable by the court. 7,687
When the court or agency issues a notice, it shall provide the 7,688
notice to the obligor in accordance with division (D)(1)(c), OR 7,689
(D)(2)(c), (D)(3)(c), (D)(4)(c), or (D)(5)(c) of this section, 7,691
whichever is applicable, and shall include with the notice the 7,692
additional notices described in the particular division that is 7,693
applicable.
(3)(a) If support is ordered or modified on or after 7,695
December 31, 1993, under Chapter 3115. or under section 2151.23, 7,696
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 7,698
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 7,699
Code, if the court has determined in accordance with division 7,700
(A)(2) of this section the types of withholding or deduction 7,701
requirements or other appropriate requirements that should be 7,702
imposed relative to the obligor under the support order to 7,703
collect the support due under the order, if the court or a child 7,704
support enforcement agency has mailed the appropriate notice to 7,705
the person required to comply with the withholding or deduction 7,706
183
requirements that the court has determined should be imposed or 7,707
the court has issued and sent a court order described in division 7,708
(D)(6)(3), (D)(7)(4), or (H) of this section containing the other 7,710
appropriate requirements that the court determined should be 7,711
imposed, and if the child support enforcement agency is notified 7,712
or otherwise determines that the employment status or other 7,713
circumstances of the obligor have changed and that it is more 7,714
appropriate to impose another type of or an additional 7,715
withholding or deduction requirement or another type of or 7,716
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 7,717
3113.212 of the Revised Code. The notices and court orders 7,718
issued under this division and section 3113.212 of the Revised 7,719
Code, and the notices provided by the court or child support 7,720
enforcement agency that require the obligor to notify the agency 7,721
of any change in the obligor's employment status or of any other 7,722
change in the status of the obligor's assets, are final and are 7,724
enforceable by the court.
(b) If support has been ordered ALL ORDERS FOR SUPPORT 7,726
ISSUED prior to December 31, 1993, under Chapter 3115. or under 7,728
section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 7,729
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 7,730
of the Revised Code, if the support order has THAT HAVE not been 7,731
modified on or after December 31, 1993, if OR SUBJECT TO division 7,732
(B) of this section has not been applied on or after December 31, 7,733
1993, regarding a default under the order, if the support order 7,734
includes a provision that is substantively comparable to the 7,735
general provision described in division (A)(1) of this section 7,736
that must be included in all support orders issued or modified on 7,737
or after December 31, 1993, and if the child support enforcement 7,738
agency is notified or otherwise determines that the employment 7,739
status or other circumstances of the obligor under the support 7,740
order have changed so that it is appropriate to impose a 7,741
withholding or deduction requirement or another type of or 7,742
184
additional appropriate requirement as described in division (D) 7,743
of this section to collect the support due under the order, the 7,744
agency shall comply with section 3113.212 of the Revised Code as 7,745
if the support order had been issued or modified on or after 7,746
December 31, 1993, and as if it included the general provision 7,747
described in division (A)(1) of this section that must be 7,748
included in all support orders issued or modified on or after 7,749
that date. The notices and court orders issued under this 7,750
provision and section 3113.212 of the Revised Code, and the 7,751
notices provided by the court or child support enforcement agency 7,753
that require the obligor to notify the agency of any change in 7,754
the obligor's employment status or of any other change in the
status of the obligor's assets, are final and are enforceable by 7,755
the court.
(c) If support has been ordered prior to December 31, 7,757
1993, under Chapter 3115. or under section 2151.23, 2151.33, 7,758
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 7,759
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if 7,760
the support order has not been modified on or after December 31, 7,761
1993, if division (B) of this section has not been applied on or 7,762
after December 31, 1993, regarding a default under the order, if 7,763
the support order does not include a provision that is 7,764
substantively comparable to the general provision described in 7,765
division (A)(1) of this section that must be included in all 7,766
support orders issued or modified on or after December 31, 1993, 7,767
and if the child support enforcement agency is notified or 7,768
otherwise determines that the employment status or other 7,769
circumstances of the obligor under the support order have changed 7,770
so that it is appropriate to impose a withholding or deduction 7,771
requirement or another type of or additional appropriate 7,772
requirement as described in division (D) of this section to 7,773
collect the support due under the order, the agency may request 7,774
the court to reissue the support order in question to be 7,775
identical to the support order except for a general provision as 7,776
185
described in division (A) of this section requiring the 7,777
withholding or deduction of wages or assets of the obligor in 7,778
accordance with division (D) of this section or requiring the 7,779
issuance of a court order containing another type of appropriate 7,780
requirement in accordance with division (D)(6), (D)(7), or (H) of 7,781
this section to ensure that withholding or deduction from the 7,782
wages or assets of the obligor is available for the collection of 7,783
current support and any arrearages that occur. Upon the receipt 7,784
of a request from an agency, the court may reissue the order in 7,785
accordance with this division. If the court reissues the order, 7,786
the general provision for the withholding or deduction of wages 7,787
or assets to be included in the reissued support order 7,788
specifically shall include the statement prescribed in division 7,789
(B)(1) of this section. Except for the inclusion of the general 7,790
provision, the provisions of a reissued order under this division 7,791
shall be identical to the support order in question, and the 7,792
court or child support enforcement agency shall issue one or more 7,793
notices requiring withholding or deduction of wages or assets of 7,794
the obligor in accordance with divisions (A)(2) and (D) of this 7,795
section, or the court shall issue one or more court orders 7,796
imposing other appropriate requirements in accordance with 7,797
division (A)(2) and division (D)(6), (D)(7), or (H) of this 7,798
section. The notices shall be mailed within fifteen days after 7,799
the obligor under the support order is located or within fifteen 7,800
days after the default under the support order, whichever is 7,801
applicable. Thereafter, section 3113.212 of the Revised Code 7,802
applies to the issuance of notices and court orders under those 7,803
divisions with respect to that support order. The notices and 7,804
court orders issued under this division and section 3113.212 of 7,805
the Revised Code, and the notices provided by the court or child 7,806
support enforcement agency that require the obligor to notify the 7,807
agency of any change in the obligor's employment status or of any 7,808
other change in the status of the obligor's assets, are final and 7,809
are enforceable by the court THAT DATE SHALL BE CONSIDERED TO 7,810
186
CONTAIN THE GENERAL PROVISION DESCRIBED IN DIVISION (A)(1) OF 7,811
THIS SECTION AND SHALL BE ENFORCED AND MODIFIED IN THE SAME
MANNER AS AN ORDER FOR SUPPORT ISSUED ON OR AFTER DECEMBER 31, 7,813
1993. 7,814
(4) The department of human services shall adopt standard 7,816
forms for the support withholding and deduction notices that are 7,817
prescribed by divisions (A)(1) to (3) and (B) of this section. 7,818
All courts and child support enforcement agencies shall use the 7,819
forms in issuing withholding and deduction notices in compliance 7,820
with this section. 7,821
(B)(1)(a) In any action in which support is ordered under 7,823
Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 7,824
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 7,825
3111.21, 3111.22, 3113.04, 3113.07, 3113.216, or 3113.31 of the 7,827
Revised Code and in which there has been a default under the 7,828
order, the court shall comply with divisions (B)(1) to (6) of 7,829
this section.
If the support was ordered prior to December 31, 1993, or 7,831
pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised 7,832
Code, the court THAT ISSUED THE ORDER, OR IN THE CASE OF AN ORDER 7,833
PURSUANT TO SECTION 3111.20, 3111.21, OR 3111.22 OF THE REVISED 7,834
CODE, THE COMMON PLEAS COURT OF THE COUNTY IN WHICH THE CHILD 7,835
SUPPORT ENFORCEMENT AGENCY THAT ISSUED THE ORDER IS LOCATED, 7,836
shall reissue the support order under which there has been a 7,837
default and shall include in the reissued order a general 7,838
provision as described in this division requiring the withholding 7,839
or deduction of wages INCOME or assets of the obligor in 7,840
accordance with division (D) of this section or requiring the 7,842
issuance of a court order containing another type of appropriate 7,843
requirement in accordance with division (D)(6)(3), (D)(7)(4), or 7,845
(H) of this section to ensure that withholding or deduction from 7,846
the wages INCOME or assets is available for the collection of 7,848
current support and any arrearages that occur. If the support was 7,850
ordered pursuant to section 3111.20, 3111.21, or 3111.22 of the 7,851
187
Revised Code and the support order includes a general provision 7,852
similar to the one described in this division, the court shall 7,854
replace the similar general provision with the general provision 7,855
described in this division. Except for the inclusion or
replacement of the general provision, the provisions of the 7,857
reissued order required under this division shall be identical to 7,858
those of the support order under which there has been a default. 7,859
Regardless of when the support was ordered, when WHEN 7,861
support has been ordered under any chapter or section described 7,862
in this division, the child support enforcement agency shall 7,863
initiate support withholding when the order is in default. 7,864
Immediately after the identification of a default under the 7,865
support order, the child support enforcement agency shall conduct 7,867
the investigation described in division (B)(1)(b) of this 7,868
section. Additionally, within fifteen calendar days after the 7,869
identification of a default under the support order, the child 7,870
support enforcement agency shall investigate the default and send 7,871
advance notice to the obligor. The advance notice shall include 7,872
a notice describing the actions that may be taken against the 7,873
obligor pursuant to sections 2301.353, 2301.373 and, 2301.374 7,874
2301.375, AND 2301.42 TO 2301.45 of the Revised Code if the court 7,876
or agency makes a final and enforceable determination that the 7,878
obligor is in default pursuant to this division. If the location 7,880
of the obligor is unknown at the time of the identification of a 7,881
default under the support order, the agency shall send the 7,882
advance notice to the obligor within fifteen days after the 7,883
agency locates the obligor. The general provision for the 7,884
withholding or deduction of wages INCOME or assets to be included 7,886
in the reissued support order specifically shall include the 7,887
following statement:
"All child support and spousal support under this order 7,890
shall be withheld or deducted from the wages INCOME or assets of 7,891
the obligor pursuant to a withholding or deduction notice or 7,893
appropriate court order issued in accordance with section 3113.21 7,894
188
of the Revised Code and shall be forwarded to the obligee in
accordance with sections 3113.21 to 3113.214 of the Revised 7,895
Code."
(b) After the identification of a default under a support 7,897
order as described in division (B)(1)(a) of this section, the 7,898
child support enforcement agency immediately shall conduct an 7,899
investigation to determine the employment status of the obligor, 7,900
the obligor's social security number, the name and business 7,901
address of the obligor's employer, whether the obligor is in 7,902
default under a support order, the amount of any arrearages, and 7,903
any other information necessary to enable the court or agency to 7,904
impose any withholding or deduction requirements and issue the 7,905
related notices described in division (D) of this section or to 7,906
issue any court orders described in division (D)(6)(3) or (7)(4) 7,908
of this section. The agency also shall conduct an investigation 7,909
under this division when required by division (C)(1)(a) or (b) of 7,910
this section, shall complete the investigation within twenty days 7,911
after the obligor or obligee files the motion with the court 7,912
under division (C)(1)(a) of this section or the court orders the 7,913
investigation under division (C)(1)(b) of this section, and shall 7,914
conduct an investigation under this division when required by 7,915
section 3113.214 of the Revised Code. 7,916
(2) An advance notice to an obligor required by division 7,918
(B)(1) of this section shall contain all of the following: 7,919
(a) A statement of the date on which the advance notice is 7,921
sent, the amount of arrearages owed by the obligor as determined 7,922
by the court or the child support enforcement agency, the types 7,923
of withholding or deduction requirements and related notices 7,924
described in division (D) of this section or the types of court 7,925
orders described in division (D)(6)(3), (D)(7)(4), or (H) of this 7,927
section that will be issued to pay support and any arrearages, 7,928
and the amount that will be withheld or deducted pursuant to 7,929
those requirements; 7,930
(b) A statement that any notice for the withholding or 7,932
189
deduction of an amount from personal earnings or other income or 7,933
assets apply to all CURRENT AND subsequent employers PAYORS of 7,935
the obligor, AND financial institutions in which the obligor has 7,936
an account, and other persons or entities who pay or distribute 7,937
income to the obligor and that any withholding or deduction 7,938
requirement and related notice described in division (D) of this 7,939
section or any court order described in division (D)(6)(3), 7,941
(D)(7)(4), or (H) of this section that is issued will not be 7,942
discontinued solely because the obligor pays any arrearages; 7,943
(c) An explanation of the administrative and court action 7,945
that will take place if the obligor contests the inclusion of any 7,946
of the provisions; 7,947
(d) A statement that the contents of the advance notice 7,949
are final and are enforceable by the court unless the obligor 7,950
files with the child support enforcement agency, within seven 7,951
days after the date on which the advance notice is sent, a 7,952
written request for an administrative hearing to determine if a 7,953
mistake of fact was made in the notice. 7,954
(3) If the obligor requests a hearing regarding the 7,956
advance notice in accordance with division (B)(2)(d) of this 7,957
section, the child support enforcement agency shall conduct an 7,958
administrative hearing no later than ten days after the date on 7,959
which the obligor files the request for the hearing. No later 7,960
than five days before the date on which the hearing is to be 7,961
conducted, the agency shall send the obligor and the obligee 7,962
written notice of the date, time, place, and purpose of the 7,963
hearing. The notice to the obligor and obligee also shall 7,964
indicate that the obligor may present testimony and evidence at 7,965
the hearing only in regard to the issue of whether a mistake of 7,966
fact was made in the advance notice. 7,967
At the hearing, the child support enforcement agency shall 7,969
determine whether a mistake of fact was made in the advance 7,970
notice. If it determines that a mistake of fact was made, the 7,971
agency shall determine the provisions that should be changed and 7,972
190
included in a corrected notice and shall correct the advance 7,973
notice accordingly. The agency shall send its determinations to 7,974
the obligor. The agency's determinations are final and are 7,975
enforceable by the court unless, within seven days after the 7,976
agency makes it ITS determinations, the obligor files a written 7,977
motion with the court for a court hearing to determine if a 7,978
mistake of fact still exists in the advance notice or corrected 7,979
advance notice. 7,980
(4) If, within seven days after the agency makes its 7,982
determinations under division (B)(3) of this section, the obligor 7,983
files a written motion for a court hearing to determine if a 7,984
mistake of fact still exists in the advance notice or the 7,985
corrected advance notice, the court shall hold a hearing on the 7,986
request as soon as possible, but no later than ten days, after 7,987
the request is filed. If the obligor requests a court hearing, 7,988
no later than five days before the date on which the court 7,989
hearing is to be held, the court shall send the obligor and the 7,990
obligee written notice by ordinary mail of the date, time, place, 7,991
and purpose of the court hearing. The hearing shall be limited 7,992
to a determination of whether there is a mistake of fact in the 7,993
advance notice or the corrected advance notice. 7,994
If, at a hearing conducted under this division, the court 7,996
detects a mistake of fact in the advance notice or the corrected 7,997
advance notice, it immediately shall correct the notice. 7,998
(5) Upon exhaustion of all rights of the obligor to 8,000
contest the withholding or deduction on the basis of a mistake of 8,001
fact and no later than the expiration of forty-five days after 8,002
the issuance of the advance notice under division (B)(1) of this 8,003
section, the court or child support enforcement agency shall 8,004
issue one or more notices requiring withholding or deduction of 8,005
wages INCOME or assets of the obligor in accordance with 8,006
divisions (A)(2) and (D) of this section, or the court shall 8,008
issue one or more court orders imposing other appropriate 8,009
requirements in accordance with division (A)(2) and division 8,010
191
(D)(6)(3), (D)(7)(4), or (H) of this section. Thereafter, 8,012
section 3113.212 of the Revised Code applies in relation to the 8,013
issuance of the notices and court orders. The notices and court 8,014
orders issued under this division or section 3113.212 of the 8,015
Revised Code are final and are enforceable by the court. The 8,016
court or agency shall send to the obligor by ordinary mail a copy 8,017
of the withholding or deduction notice, in accordance with 8,018
division (D) of this section. The failure of the court or agency 8,019
to give the notice required by this division does not affect the 8,020
ability of any court to issue any notice or order under this 8,021
section or any other section of the Revised Code for the payment 8,022
of support, does not provide any defense to any notice or order 8,023
for the payment of support that is issued under this section or 8,024
any other section of the Revised Code, and does not affect any 8,025
obligation to pay support.
(6) The department of human services shall adopt standard 8,027
forms for the advance notice prescribed by divisions (B)(1) to 8,028
(5) of this section. All courts and child support enforcement 8,029
agencies shall use those forms, and the support withholding and 8,030
deduction notice forms adopted under division (A)(4) of this 8,031
section, in complying with this section. 8,032
(C)(1) In any action in which support is ordered under 8,034
Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 8,035
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 8,036
3113.07, 3113.216, or 3113.31 of the Revised Code, all of the 8,038
following apply:
(a) The obligor or obligee under the order may file a 8,040
motion with the court that issued the order requesting the 8,041
issuance of one or more withholding or deduction notices as 8,042
described in division (D) of this section to pay the support due 8,043
under the order. The motion may be filed at any time after the 8,044
support order is issued. Upon the filing of a motion pursuant to 8,045
this division, the child support enforcement agency immediately 8,046
shall conduct, and shall complete within twenty days after the 8,047
192
motion is filed, an investigation in accordance with division 8,048
(B)(1)(b) of this section. Upon the completion of the 8,049
investigation and the filing of the agency's report under 8,050
division (B)(1)(b) of this section, the court shall issue one or 8,051
more appropriate orders described in division (D) of this 8,052
section. 8,053
(b) If any proceedings involving the support order that 8,055
was issued before, on, or after December 1, 1986, are commenced 8,056
in the court and if the court prior to the effective date of this 8,057
amendment has not issued any orders under division (D) of this 8,058
section AS IT EXISTED PRIOR TO DECEMBER 31, 1993, with respect to 8,060
the support order, if the court determines that any orders issued 8,061
prior to the effective date of this amendment under division (D) 8,062
of this section AS IT EXISTED PRIOR TO DECEMBER 31, 1993, no 8,063
longer are appropriate, if the court on or after the effective 8,064
date of this amendment DECEMBER 31, 1993 has not modified or 8,065
reissued the support order under division (A) or (B) of this 8,067
section and issued any notices under division (D) or court orders 8,068
under division (D)(6)(3) or (7)(4) of this section, or if the 8,070
court on or after the effective date of this amendment DECEMBER 8,071
31, 1993 has modified or reissued the support order under 8,072
division (A) or (B) of this section and issued one or more 8,073
notices under division (D) or one or more court orders under 8,074
division (D)(6)(3) or (7)(4) of this section but determines that 8,076
the notices or court orders no longer are appropriate, the court, 8,077
prior to or during any hearings held with respect to the 8,078
proceedings and prior to the conclusion of the proceedings, shall 8,079
order the child support enforcement agency to conduct an 8,080
investigation pursuant to division (B)(1)(b) of this section. 8,081
Upon the filing of the findings of the agency following the 8,082
investigation, the court, as necessary, shall issue one or more 8,083
notices described in division (D) or one or more court orders 8,084
described in division (D)(6)(3) or (7)(4) of this section or 8,086
modify any notices previously issued under division (D) or any 8,087
193
court orders previously issued under division (D)(6)(3) or (7)(4) 8,089
of this section.
(c)(i) If a child support enforcement agency, in 8,091
accordance with section 3113.216 of the Revised Code, requests 8,092
the court to issue a revised child support order in accordance 8,093
with a revised amount of child support calculated by the agency, 8,094
the court shall proceed as described in this division. If 8,095
neither the obligor nor the obligee requests a court hearing on 8,096
the revised amount of child support, the court shall issue a 8,097
revised child support order requiring the obligor to pay the 8,098
revised amount of child support calculated by the agency. 8,099
However, if the obligor or the obligee requests a court hearing 8,100
on the revised amount of child support calculated by the agency, 8,101
the court, in accordance with division (C)(1)(c)(ii) of this 8,102
section, shall schedule and conduct a hearing to determine if the 8,103
revised amount of child support is the appropriate amount and if 8,104
the amount of child support being paid under the child support 8,105
order otherwise should be revised. 8,106
(ii) If the court is required to schedule and conduct a 8,108
hearing pursuant to division (C)(1)(c)(i) of this section, the 8,109
court shall give the obligor, obligee, and agency at least thirty 8,110
days' notice of the date, time, and location of the hearing; 8,111
order the obligor to provide the court with a copy of the 8,112
obligor's federal income tax return from the previous year, a 8,113
copy of all pay stubs obtained by the obligor within the 8,114
preceding six months, and a copy of all other records evidencing 8,115
the receipt of any other salary, wages, or compensation by the 8,116
obligor within the preceding six months, A LIST OF THE GROUP 8,117
HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS 8,118
AVAILABLE TO THE OBLIGOR AND THEIR COSTS, AND THE CURRENT HEALTH 8,119
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH 8,120
THE OBLIGOR IS ENROLLED AND ITS COST, if the obligor failed to 8,121
provide any of those documents to the agency, and order the 8,122
obligee to provide the court with a copy of the obligee's federal 8,123
194
income tax return from the previous year, a copy of all pay stubs 8,124
obtained by the obligee within the preceding six months, and a 8,125
copy of all other records evidencing the receipt of any other 8,126
salary, wages, or compensation by the obligee within the 8,127
preceding six months, A LIST OF THE GROUP HEALTH INSURANCE AND 8,128
HEALTH CARE POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE 8,129
OBLIGEE AND THEIR COSTS, AND THE CURRENT HEALTH INSURANCE OR 8,130
HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS 8,131
ENROLLED AND ITS COST, if the obligee failed to provide any of 8,132
those documents to the agency; give the obligor and the obligee 8,133
notice that any willful failure to comply with that court order 8,134
is contempt of court and, upon a finding by the court that the 8,135
party is in contempt of court, the court and the agency will take 8,136
any action necessary to obtain the information or make any 8,137
reasonable assumptions necessary with respect to the income of 8,138
INFORMATION the person in contempt of court DID NOT PROVIDE to 8,140
ensure a fair and equitable review of the child support order; 8,142
issue a revised child support order requiring the obligor to pay 8,143
the revised amount of child support calculated by the agency, if 8,144
the court determines at the hearing that the revised amount of 8,145
child support calculated by the agency is the appropriate amount; 8,146
and determine the appropriate amount of child support and, if 8,147
necessary, issue a revised child support order requiring the 8,148
obligor to pay the amount of child support determined by the 8,149
court, if the court determines that the revised amount of child 8,150
support calculated by the agency is not the appropriate amount. 8,151
(iii) In determining, at a hearing conducted under 8,153
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 8,154
amount of child support to be paid by the obligor, the court 8,155
shall consider, in addition to all other factors required by law 8,156
to be considered, THE APPROPRIATE PERSON, WHETHER IT IS THE 8,157
OBLIGOR, OBLIGEE, OR BOTH, TO BE REQUIRED IN ACCORDANCE WITH 8,158
SECTION 3113.217 OF THE REVISED CODE TO PROVIDE HEALTH INSURANCE 8,159
COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER, AND the cost of 8,160
195
health insurance which the obligor, the obligee, or both the 8,161
obligor and the obligee have been ordered IN ACCORDANCE WITH 8,162
SECTION 3113.217 OF THE REVISED CODE to obtain for the children 8,163
specified in the order.
(d) On or after July 1, 1990, the court shall issue any 8,165
order required by section 3113.217 of the Revised Code. 8,166
(e)(i) On or after July 1, 1990, an AN obligee under a 8,168
child support order may file a motion with the court that issued 8,170
the order requesting the court to modify the order to require the 8,171
obligor to obtain health insurance coverage for the children who 8,172
are the subject of the order, and on or after July 1, 1990, an 8,173
obligor under a child support order may file a motion with the 8,174
court that issued the order requesting the court to modify the 8,175
order to require the obligee to obtain health insurance coverage 8,176
for those children. Upon the filing of such a motion, the court 8,177
shall order the child support enforcement agency to conduct an 8,178
investigation to determine whether the obligor or obligee has 8,179
satisfactory health insurance coverage for the children. Upon 8,180
completion of its investigation, the agency shall inform the 8,181
court, in writing, of its determination. If the court determines 8,182
that neither the obligor nor the obligee has satisfactory health 8,183
insurance coverage for the children, it shall issue an order 8,184
MODIFY THE CHILD SUPPORT ORDER in accordance with section 8,186
3113.217 of the Revised Code.
(ii) On or after July 1, 1990, an AN obligor or obligee 8,188
under a child support order may file a motion with the court that 8,189
issued the order requesting the court to modify the amount of 8,190
child support required to be paid under the order because that 8,191
amount does not adequately cover the medical needs of the child. 8,192
Upon the filing of such a motion, the court shall determine 8,193
whether the amount of child support required to be paid under the 8,194
order adequately covers the medical needs of the child and 8,195
whether to modify the order, in accordance with division (B)(4) 8,196
of section 3113.215 of the Revised Code. 8,197
196
(f)(e) Whenever a court modifies, reviews, or otherwise 8,199
reconsiders a child support order, it may reconsider which parent 8,200
may claim the children who are the subject of the child support 8,201
order as dependents for federal income tax purposes as set forth 8,202
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 8,203
2085, 26 U.S.C. 1, as amended, and shall issue its determination 8,204
on this issue as part of the child support order. The court in 8,205
its order may permit the parent who is not the residential parent 8,206
and legal custodian to claim the children as dependents for 8,207
federal income tax purposes only if the payments for child 8,208
support are current in full as ordered by the court for the year 8,209
in which the children will be claimed as dependents. If the 8,210
court determines that the parent who is not the residential 8,211
parent and legal custodian may claim the children as dependents 8,212
for federal income tax purposes, it shall order the residential 8,213
parent to take whatever action is necessary pursuant to section 8,214
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 8,215
U.S.C. 1, as amended, to enable the parent who is not the 8,216
residential parent and legal custodian to claim the children as 8,217
dependents for federal income tax purposes in accordance with the 8,218
order of the court. Any willful failure of the residential 8,219
parent to comply with the order of the court is contempt of 8,220
court. 8,221
(g) If the order is a child support order issued on or 8,223
after July 1, 1990, or if the order modifies, on or after July 1, 8,224
1990, a prior child support order (f) WHEN ISSUING OR MODIFYING 8,226
A CHILD SUPPORT ORDER, the court shall include in the order all 8,227
of the requirements, specifications, and statements described in 8,228
division (B) of section 3113.218 of the Revised Code. 8,229
(2) In any action in which a support order is issued, on 8,231
or after December 1, 1986, under Chapter 3115. or under section 8,232
2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 8,233
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 8,236
Revised Code, the court issuing the order also shall conduct a 8,237
197
hearing, prior to or at the time of the issuance of the support 8,238
order, to determine the employment status of the obligor, the 8,239
obligor's social security number, the name and business address 8,240
of the obligor's employer, and any other information necessary to 8,241
enable the court or a child support enforcement agency to issue 8,242
any withholding or deduction notice described in division (D) of 8,243
this section or for the court to issue a court order described in 8,244
division (D)(6)(3) or (7)(4) of this section. The court, prior 8,246
to the hearing, shall give the obligor notice of the hearing that 8,248
shall include the date on which the notice is given and notice 8,249
that the obligor is subject to a requirement for the withholding 8,250
of a specified amount from personal earnings INCOME if employed 8,251
and to one or more other types of withholding or deduction 8,252
requirements described in division (D) or one or more types of 8,253
court orders described in division (D)(6)(3) or (7)(4) of this 8,254
section and that the obligor may present evidence and testimony 8,256
at the hearing to prove that any of the requirements would not be 8,257
proper because of a mistake of fact. 8,258
The court or child support enforcement agency, immediately 8,260
upon the court's completion of the hearing, shall issue one or 8,261
more of the types of notices described in division (D) of this 8,262
section imposing a withholding or deduction requirement, or the 8,263
court shall issue one or more types of court orders described in 8,264
division (D)(6)(3) or (7)(4) of this section. 8,265
(D) If a court or child support enforcement agency is 8,267
required under division (A), (B), or (C) of this section or any 8,268
other section of the Revised Code to issue one or more 8,269
withholding or deduction notices described in this division or 8,270
court orders described in division (D)(6)(3) or (7)(4) of this 8,272
section, the court shall issue one or more of the following types 8,273
of notices or court orders, or the agency shall issue one or more 8,274
of the following types of notices to pay the support required 8,275
under the support order in question and also, if required by any 8,276
of those divisions, any other section of the Revised Code, or the 8,277
198
court, to pay any arrearages: 8,278
(1)(a) If the court or the child support enforcement 8,280
agency determines that the obligor is employed RECEIVING INCOME 8,281
FROM A PAYOR, the court or agency shall require the obligor's 8,283
employer PAYOR to withhold from the obligor's personal earnings 8,285
INCOME a specified amount for support in satisfaction of the 8,287
support order, to begin the withholding no later than the first 8,288
pay period that occurs after fourteen working days following the 8,289
date the notice was mailed to the employer under divisions (A)(2) 8,290
or (B) and (D)(1)(b) of this section, to send the amount withheld 8,291
to the DIVISION OF child support enforcement agency designated 8,292
for that county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to 8,293
section 2301.35 5101.325 of the Revised Code, to send that amount 8,295
to the agency DIVISION immediately but not later than ten SEVEN 8,297
days after the date the obligor is paid, and to continue the 8,298
withholding at intervals specified in the notice until further 8,299
notice from the court or CHILD SUPPORT ENFORCEMENT agency. To 8,300
the extent possible, the amount specified in the notice to be 8,302
withheld shall satisfy the amount ordered for support in the 8,303
support order plus any arrearages that may be owed by the obligor 8,304
under any prior support order that pertained to the same child or 8,305
spouse, notwithstanding the limitations of sections 2329.66, 8,306
2329.70, 2716.02, and 2716.05 of the Revised Code. However, in 8,307
no case shall the sum of the amount specified in the notice to be 8,308
withheld and any fee withheld by the employer PAYOR as a charge 8,310
for its services exceed the maximum amount permitted under 8,311
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 8,312
1673(b).
(b) If the court or agency imposes a withholding 8,314
requirement under division (D)(1)(a) of this section, it, within 8,315
the applicable period of time specified in division (A), (B), or 8,316
(C) of this section, shall send to the obligor's employer PAYOR 8,317
by regular mail a notice that contains all of the information set 8,319
forth in divisions (D)(1)(b)(i) to (xi) of this section. The 8,320
199
notice is final and is enforceable by the court. The notice 8,321
shall contain all of the following: 8,322
(i) The amount to be withheld from the obligor's wages 8,324
INCOME and a statement that the amount actually withheld for 8,326
support and other purposes, including the fee described in 8,327
division (D)(1)(b)(xi) of this section, shall not be in excess of 8,328
the maximum amounts permitted under section 303(b) of the 8,329
"Consumer Credit Protection Act," 15 U.S.C. 1673(b); 8,330
(ii) A statement that the employer PAYOR is required to 8,332
send the amount withheld to the DIVISION OF child support 8,334
enforcement agency immediately, but not later than ten SEVEN 8,336
working days, after the obligor is paid by the employer and is 8,338
required to report to the agency the date on which the amount was 8,339
withheld from the obligor's wages INCOME; 8,340
(iii) A statement that the withholding is binding upon the 8,342
employer PAYOR until further notice from the agency; 8,343
(iv) A statement that IF the PAYOR IS AN employer, THE 8,346
PAYOR is subject to a fine to be determined under the law of this 8,347
state for discharging the obligor from employment, refusing to 8,348
employ the obligor, or taking any disciplinary action against the 8,349
obligor because of the withholding requirement; 8,350
(v) A statement that, if the employer PAYOR fails to 8,352
withhold wages INCOME in accordance with the provisions of the 8,353
notice, the employer PAYOR is liable for the accumulated amount 8,355
the employer PAYOR should have withheld from the obligor's wages 8,357
INCOME;
(vi) A statement that the withholding in accordance with 8,359
the notice and under the provisions of this section has priority 8,360
over any other legal process under the law of this state against 8,361
the same wages INCOME; 8,362
(vii) The date on which the notice was mailed and a 8,364
statement that the employer PAYOR is required to implement the 8,365
withholding no later than the first pay period that occurs after 8,366
fourteen working days following the date the notice was mailed 8,367
200
and is required to continue the withholding at the intervals 8,368
specified in the notice; 8,369
(viii) A requirement that the employer PAYOR promptly 8,371
notify the child support enforcement agency, in writing, within 8,373
ten working days after the date of any termination of the 8,374
obligor's employment, any layoff of the obligor, any leave of 8,375
absence of the obligor without pay, or any other situation THAT 8,376
OCCURS INCLUDING, TERMINATION OF EMPLOYMENT, LAYOFF OF THE 8,377
OBLIGOR FROM EMPLOYMENT, ANY LEAVE OF ABSENCE OF THE OBLIGOR FROM 8,378
EMPLOYMENT WITHOUT PAY, TERMINATION OF WORKERS' COMPENSATION 8,379
BENEFITS, OR TERMINATION OF ANY PENSION, ANNUITY, ALLOWANCE, OR 8,380
RETIREMENT BENEFIT, in which the employer PAYOR ceases to pay 8,382
personal earnings INCOME in an amount sufficient to comply with 8,384
the order to the obligor, provide the agency with the obligor's 8,385
last known address, notify the agency of the obligor's ANY new 8,386
employer OR INCOME SOURCE, if known, and provide the agency with 8,387
the ANY new employer's OR INCOME SOURCE'S name, address, and 8,388
telephone number, if known; 8,389
(ix) A requirement that, IF the PAYOR IS AN employer, 8,392
identify in the notification given under division (D)(1)(b)(viii) 8,393
of this section any types of benefits other than personal 8,394
earnings that the obligor is receiving or is eligible to receive 8,395
as a benefit of employment or as a result of the obligor's 8,396
termination of employment, including, but not limited to, 8,397
unemployment compensation, workers' compensation benefits, 8,398
severance pay, sick leave, lump-sum payments of retirement 8,399
benefits or contributions, and bonuses or profit-sharing payments 8,400
or distributions, and the amount of such benefits, and include in 8,401
the notification the obligor's last known address and telephone 8,402
number, date of birth, social security number, and court case 8,403
number and, if known, the name and business address of any new 8,404
employer of the obligor;
(x) A requirement that, no later than the earlier of 8,406
forty-five days before the lump-sum payment is to be made or, if 8,407
201
the obligor's right to the lump-sum payment is determined less 8,408
than forty-five days before it is to be made, the date on which 8,409
that determination is made, the employer PAYOR notify the child 8,410
support enforcement agency of any lump-sum payments of any kind 8,412
of five hundred dollars or more that are to be paid to the 8,413
obligor, hold the lump-sum payments of five hundred dollars or 8,414
more for thirty days after the date on which the lump-sum 8,415
payments otherwise would have been paid to the obligor, if the 8,416
lump-sum payments are workers' compensation benefits, severance 8,417
pay, sick leave, lump-sum payments of retirement benefits or 8,418
contributions, annual bonuses, or profit-sharing payments or 8,419
distributions, and, upon order of the court, pay any specified 8,420
amount of the lump-sum payment to the DIVISION OF child support 8,421
enforcement agency.
(xi) A statement that, in addition to the amount withheld 8,423
for support, the employer PAYOR may withhold a fee from the 8,424
obligor's earnings INCOME as a charge for its services in 8,426
complying with the notice and a specification of the amount that 8,428
may be withheld.
(c) The court or agency shall send the notice described in 8,430
division (D)(1)(b) of this section to the obligor and shall 8,431
attach to the notice an additional notice requiring the obligor 8,432
immediately to notify the child support enforcement agency, in 8,433
writing, of any change in employment, including self-employment, 8,435
THE OBLIGOR'S INCOME SOURCE and of the availability of any other 8,436
sources of income that can be the subject of any withholding or 8,437
deduction requirement described in division (D) of this section. 8,438
The court or agency shall serve the notices upon the obligor at 8,439
the same time as service of the support order or, if the support 8,440
order previously has been issued, shall send the notices to the 8,441
obligor by regular mail at the last known address at the same 8,442
time that it sends the notice described in division (D)(1)(b) of 8,443
this section to the employer PAYOR. The notification required of 8,444
the obligor shall include a description of the nature of any new 8,445
202
employment OR INCOME SOURCE, the name and, business address, AND 8,447
TELEPHONE NUMBER of any new employer OR INCOME SOURCE, and any 8,449
other information reasonably required by the court. No obligor
shall fail to give the notification required by division 8,450
(D)(1)(c) of this section. 8,451
(2)(a) If the court or the child support enforcement 8,453
agency determines that the obligor is receiving workers' 8,454
compensation payments, the court or agency may require the bureau 8,455
of workers' compensation or the employer that has been granted 8,456
the privilege of paying compensation directly and that is paying 8,457
workers' compensation benefits to the obligor to withhold from 8,458
the obligor's workers' compensation payments a specified amount 8,459
for support in satisfaction of the support order, to begin the 8,460
withholding no later than the date of the first payment that 8,461
occurs after fourteen working days following the date the notice 8,462
was mailed to the bureau or employer under divisions (A)(2) or 8,463
(B) and (D)(2)(b) of this section, to send the amount withheld to 8,464
the child support enforcement agency designated for that county 8,465
pursuant to section 2301.35 of the Revised Code, to send that 8,466
amount to the agency immediately but not later than ten days 8,467
after the date the payment is made to the obligor, to provide the 8,468
date on which the amount was withheld, and to continue the 8,469
withholding at intervals specified in the notice until further 8,470
notice from the court or agency. To the extent possible, the 8,471
amount specified in the notice to be withheld shall satisfy the 8,472
amount ordered for support in the support order plus any 8,473
arrearages that may be owed by the obligor under any prior 8,474
support order that pertained to the same child or spouse, 8,475
notwithstanding the limitations of section 4123.67 of the Revised 8,476
Code. However, in no case shall the sum of the amount specified 8,477
in the notice to be withheld and any fee withheld by an employer 8,478
as a charge for its services exceed the maximum amount permitted 8,479
under section 303(b) of the "Consumer Credit Protection Act," 15 8,480
U.S.C. 1673(b). 8,481
203
(b) If the court or agency imposes a withholding 8,483
requirement under division (D)(2)(a) of this section, it, within 8,484
the applicable period of time specified in division (A), (B), or 8,485
(C) of this section, shall send to the bureau of workers' 8,486
compensation or the employer that is paying the obligor's 8,487
workers' compensation benefits by regular mail a notice that 8,488
contains all of the information set forth in divisions 8,489
(D)(2)(b)(i) to (x) of this section. The notice is final and is 8,490
enforceable by the court. The notice shall contain all of the 8,491
following: 8,492
(i) The amount to be withheld from the obligor's worker's 8,494
compensation payments and a statement that the amount actually 8,495
withheld for support and other purposes, including the fee 8,496
described in division (D)(2)(b)(x) of this section, if 8,497
applicable, shall not be in excess of the maximum amounts 8,498
permitted under section 303(b) of the "Consumer Credit Protection 8,499
Act," 15 U.S.C. 1673(b); 8,500
(ii) A statement that the bureau or employer is required 8,502
to send the amount withheld to the child support enforcement 8,503
agency immediately, but not later than ten working days, after 8,504
the payment is made to the obligor and is required to report to 8,505
the agency the date on which the amount was withheld from the 8,506
obligor's payments; 8,507
(iii) A statement that the withholding is binding upon the 8,509
bureau or employer until further notice from the court or agency; 8,510
(iv) If the notice is sent to an employer who is paying 8,512
the obligor's worker's compensation benefits, a statement that, 8,513
if the employer fails to withhold from the obligor's worker's 8,514
compensation payments in accordance with the provisions of the 8,515
notice, the employer is liable for the accumulated amount the 8,516
employer should have withheld from the obligor's payments; 8,517
(v) A statement that the withholding in accordance with 8,519
the notice and under the provisions of this section has priority 8,520
over any other legal process under the law of this state against 8,521
204
the same payment of benefits; 8,522
(vi) The date on which the notice was mailed and a 8,524
statement that the bureau or employer is required to implement 8,525
the withholding no later than the date of the first payment that 8,526
occurs after fourteen working days following the date the notice 8,527
was mailed and is required to continue the withholding at the 8,528
intervals specified in the notice; 8,529
(vii) A requirement that the bureau or employer promptly 8,531
notify the child support enforcement agency, in writing, within 8,532
ten working days after the date of any termination of the 8,533
obligor's workers' compensation benefits; 8,534
(viii) A requirement that the bureau or employer include 8,536
in all notices the obligor's last known mailing address, last 8,537
known residence address, and social security number; 8,538
(ix) A requirement that, no later than the earlier of 8,540
forty-five days before the lump-sum payment is to be made or, if 8,541
the obligor's right to the lump-sum payment is determined less 8,542
than forty-five days before it is to be made, the date on which 8,543
that determination is made, the bureau or employer notify the 8,544
child support enforcement agency of any lump-sum payment of any 8,545
kind of five hundred dollars or more that is to be paid to the 8,546
obligor, hold the lump-sum payment for thirty days after the date 8,547
on which the lump-sum payment otherwise would be paid to the 8,548
obligor, and, upon order of the court, pay any specified amount 8,549
of the lump-sum payment to the agency. 8,550
(x) If the notice is sent to an employer who is paying the 8,552
obligor's workers' compensation benefits, a statement that, in 8,553
addition to the amount withheld for support, the employer may 8,554
withhold a fee from the obligor's benefits as a charge for its 8,555
services in complying with the notice and a specification of the 8,556
amount that may be withheld. 8,557
(c) The court or agency shall send the notice described in 8,559
division (D)(2)(b) of this section to the obligor and shall 8,560
attach to the notice an additional notice requiring the obligor 8,561
205
to immediately notify the child support enforcement agency, in 8,562
writing, of any change in the obligor's workers' compensation 8,563
payments, of the obligor's commencement of employment, including 8,564
self-employment, and of the availability of any other sources of 8,565
income that can be the subject of any withholding or deduction 8,566
requirement described in division (D) of this section. The court 8,567
or agency shall serve the notices upon the obligor at the same 8,568
time as service of the support order or, if the support order 8,569
previously has been issued, shall send the notices to the obligor 8,570
by regular mail at the obligor's last known address at the same 8,571
time that it sends the notice described in division (D)(2)(b) of 8,572
this section to the bureau or employer. The additional notice 8,573
also shall notify the obligor that upon commencement of 8,574
employment the obligor may request the court or the child support 8,575
enforcement agency to cancel its workers' compensation payment 8,576
withholding notice and instead issue a notice requiring the 8,577
withholding of an amount from the obligor's personal earnings for 8,578
support in accordance with division (D)(1) of this section and 8,580
that upon commencement of employment the court may cancel its 8,581
workers' compensation payment withholding notice and instead will 8,582
issue a notice requiring the withholding of an amount from the 8,583
obligor's personal earnings for support in accordance with 8,584
division (D)(1) of this section. The notification required of
the obligor shall include a description of the nature of any new 8,585
employment, the name and business address of any new employer, 8,586
and any other information reasonably required by the court. 8,587
(3)(a) If the court or child support enforcement agency 8,589
determines that the obligor is receiving any pension, annuity, 8,590
allowance, or other benefit or is to receive or has received a 8,591
warrant refunding the individual account from the public 8,592
employees retirement system, a municipal retirement system 8,593
established subject to sections 145.01 to 145.58 of the Revised 8,594
Code, the police and firemen's disability and pension fund, the 8,595
state teachers retirement system, the school employees retirement 8,596
206
system, or the state highway patrol retirement system, the court 8,597
or agency may require the public employees retirement board, the 8,598
board, board of trustees, or other governing entity of any 8,599
municipal retirement system, the board of trustees of the police 8,600
and firemen's disability and pension fund, the state teachers 8,601
retirement board, the school employees retirement board, or the 8,602
state highway patrol retirement board to withhold from the 8,603
obligor's pension, annuity, allowance, other benefit, or warrant 8,604
a specified amount for support in satisfaction of the support 8,605
order, to begin the withholding no later than the date of the 8,606
first payment that occurs after fourteen working days following 8,607
the date the notice was mailed to the board, board of trustees, 8,608
or other entity under divisions (A)(2) or (B) and (D)(3)(b) of 8,609
this section, to send the amount withheld to the child support 8,610
enforcement agency designated for that county pursuant to section 8,611
2301.35 of the Revised Code, to send that amount to the agency 8,612
immediately but not later than ten days after the date the 8,613
payment is made to the obligor, to provide the date on which the 8,614
amount was withheld, and to continue the withholding at intervals 8,615
specified in the notice until further notice from the court or 8,616
agency. To the extent possible, the amount specified in the 8,617
notice to be withheld shall satisfy the amount ordered for 8,618
support in the support order plus any arrearages that may be owed 8,619
by the obligor under any prior support order that pertained to 8,620
the same child or spouse, notwithstanding the limitations of 8,621
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 8,622
However, in no case shall the sum of the amount specified in the 8,623
notice to be withheld and any fee withheld by the board, board of 8,624
trustees, or other entity as a charge for its services exceed the 8,625
maximum amount permitted under section 303(b) of the "Consumer 8,626
Credit Protection Act," 15 U.S.C. 1673(b). 8,627
(b) If the court or agency imposes a withholding 8,629
requirement under division (D)(3)(a) of this section, it, within 8,630
the applicable period of time specified in division (A), (B), or 8,631
207
(C) of this section, shall send to the board, board of trustees, 8,632
or other entity by regular mail a notice that contains all of the 8,633
information set forth in divisions (D)(3)(b)(i) to (ix) of this 8,634
section. The notice is final and is enforceable by the court. 8,635
The notice shall contain all of the following: 8,636
(i) The amount to be withheld from the obligor's pension, 8,638
annuity, allowance, other benefit, or warrant and a statement 8,639
that the amount actually withheld for support and other purposes, 8,640
including the fee described in division (D)(3)(b)(ix) of this 8,641
section, shall not be in excess of the maximum amounts permitted 8,642
under section 303(b) of the "Consumer Credit Protection Act," 15 8,643
U.S.C. 1673(b); 8,644
(ii) A statement that the board, board of trustees, or 8,646
other entity is required to send the amount withheld to the child 8,647
support enforcement agency immediately, but not later than ten 8,648
working days, after the payment is made to the obligor and is 8,649
required to report to the agency the date on which the amount was 8,650
withheld from the obligor's payments; 8,651
(iii) A statement that the withholding is binding upon the 8,653
board, board of trustees, or other entity until further notice 8,654
from the court or agency; 8,655
(iv) A statement that the withholding in accordance with 8,657
the notice and under the provisions of this section has priority 8,658
over any other legal process under the law of this state against 8,659
the same payment of the pension, annuity, allowance, other 8,660
benefit, or warrant; 8,661
(v) The date on which the notice was mailed and a 8,663
statement that the board, board of trustees, or other entity is 8,664
required to implement the withholding no later than the date of 8,665
the first payment that occurs after fourteen working days 8,666
following the date the notice was mailed and is required to 8,667
continue the withholding at the intervals specified in the 8,668
notice; 8,669
(vi) A requirement that the board, board of trustees, or 8,671
208
other entity promptly notify the child support enforcement 8,672
agency, in writing, within ten working days after the date of any 8,673
termination of the obligor's pension, annuity, allowance, or 8,674
other benefit; 8,675
(vii) A requirement that the board, board of trustees, or 8,677
other entity include in all notices the obligor's last known 8,678
mailing address, last known residence address, and social 8,679
security number; 8,680
(viii) A requirement that, no later than the earlier of 8,682
forty-five days before the lump-sum payment is to be made or, if 8,683
the obligor's right to the lump-sum payment is determined less 8,684
than forty-five days before it is to be made, the date on which 8,685
that determination is made, the board, board of trustees, or 8,686
other entity notify the child support enforcement agency of any 8,687
lump-sum payment of any kind of five hundred dollars or more that 8,688
is to be paid to the obligor, hold the lump-sum payment for 8,689
thirty days after the date on which the lump-sum payment would 8,690
otherwise be paid to the obligor, if the lump-sum payments are 8,691
lump-sum payments of retirement benefits or contributions, and, 8,692
upon order of the court, pay any specified amount of the lump-sum 8,693
payment to the agency. 8,694
(ix) A statement that, in addition to the amount withheld 8,696
for support, the board, board of trustees, or other entity may 8,697
withhold a fee from the obligor's pension, annuity, allowance, 8,698
other benefit, or warrant as a charge for its services in 8,699
complying with the notice and a specification of the amount that 8,700
may be withheld. 8,701
(c) The court or agency shall send the notice described in 8,703
division (D)(3)(b) of this section to the obligor and shall 8,704
attach to the notice an additional notice requiring the obligor 8,705
immediately to notify the child support enforcement agency, in 8,706
writing, of any change in pension, annuity, allowance, or other 8,708
benefit, of the commencement of employment, including
self-employment, and of the availability of any other sources of 8,709
209
income that can be the subject of any withholding or deduction 8,710
requirement described in division (D) of this section. The court 8,711
or agency shall serve the notices upon the obligor at the same 8,712
time as service of the support order or, if the support order 8,713
previously has been issued, shall send the notices to the obligor 8,714
by regular mail at the last known address at the same time that 8,715
it sends the notice described in division (D)(3)(b) of this 8,716
section to the board, board of trustees, or other entity. The 8,717
additional notice also shall specify that upon commencement of 8,719
employment the obligor may request the court or the child support 8,720
enforcement agency to issue a notice requiring the withholding of 8,721
an amount from personal earnings for support in accordance with 8,722
division (D)(1) of this section and that upon commencement of 8,723
employment the court may cancel its withholding notice under 8,724
division (D)(3)(b) of this section and instead will issue a 8,725
notice requiring the withholding of an amount from personal 8,726
earnings for support in accordance with division (D)(1) of this 8,727
section. The notification required of the obligor shall include 8,728
a description of the nature of any new employment, the name and 8,729
business address of any new employer, and any other information 8,730
reasonably required by the court.
(4)(a) If the court or child support enforcement agency 8,732
determines that the obligor is receiving any form of income, 8,733
including, but not limited to, disability or sick pay, insurance 8,734
proceeds, lottery prize awards, federal, state, or local 8,735
government benefits to the extent that the benefits can be 8,736
withheld or deducted under any law governing the benefits, any 8,737
form of trust fund or endowment fund, vacation pay, commissions 8,738
and draws against commissions that are paid on a regular basis, 8,739
bonuses or profit-sharing payments or distributions, or any 8,740
lump-sum payments, the court or agency may require the person who 8,741
pays or otherwise distributes the income to the obligor to 8,742
withhold from the obligor's income a specified amount for support 8,743
in satisfaction of the support order, to begin the withholding no 8,744
210
later than the date of the first payment that occurs after 8,745
fourteen working days following the date the notice was mailed to 8,746
the person paying or otherwise distributing the obligor's income 8,747
under divisions (A)(2) or (B) and (D)(4)(b) of this section, to 8,748
send the amount withheld to the child support enforcement agency 8,749
designated for that county pursuant to section 2301.35 of the 8,750
Revised Code, to send that amount to the agency immediately but 8,751
not later than ten days after the date the payment is made to the 8,752
obligor, to provide the date on which the amount was withheld, 8,753
and to continue the withholding at intervals specified in the 8,754
notice until further notice from the court or agency. To the 8,755
extent possible, the amount specified in the notice to be 8,756
withheld shall satisfy the amount ordered for support in the 8,757
support order plus any arrearages that may be owed by the obligor 8,758
under any prior support order that pertained to the same child or 8,759
spouse, notwithstanding the limitations of sections 2329.66, 8,760
2329.70, and 2716.13 of the Revised Code. However, in no case 8,761
shall the sum of the amount specified in the notice to be 8,762
withheld and any fee withheld by the person paying or otherwise 8,763
distributing the obligor's income as a charge for its services 8,764
exceed the maximum amount permitted under section 303(b) of the 8,765
"Consumer Credit Protection Act," 15 U.S.C. 1673(b). 8,766
(b) If the court or agency imposes a withholding 8,768
requirement under division (D)(4)(a) of this section, it, within 8,769
the applicable period of time specified in division (A), (B), or 8,770
(C) of this section, shall send to the person paying or otherwise 8,771
distributing the obligor's income by regular mail a notice that 8,772
contains all of the information set forth in divisions 8,773
(D)(4)(b)(i) to (ix) of this section. The notice is final and is 8,774
enforceable by the court. The notice shall contain all of the 8,775
following: 8,776
(i) The amount to be withheld from the obligor's income 8,778
and a statement that the amount actually withheld for support and 8,779
other purposes, including the fee described in division 8,780
211
(D)(4)(b)(ix) of this section, shall not be in excess of the 8,781
maximum amounts permitted under section 303(b) of the "Consumer 8,782
Credit Protection Act," 15 U.S.C. 1673(b); 8,783
(ii) A statement that the person paying or otherwise 8,785
distributing the obligor's income is required to send the amount 8,786
withheld to the child support enforcement agency immediately, but 8,787
not later than ten working days, after the payment is made to the 8,788
obligor and is required to report to the agency the date on which 8,789
the amount was withheld from the obligor's payments; 8,790
(iii) A statement that the withholding is binding upon the 8,792
person paying or otherwise distributing the obligor's income 8,793
until further notice from the court or agency; 8,794
(iv) A statement that the withholding in accordance with 8,796
the notice and under the provisions of this section has priority 8,797
over any other legal process under the law of this state against 8,798
the same payment of the income; 8,799
(v) A statement that the person paying or otherwise 8,801
distributing the obligor's income is required to implement the 8,802
withholding no later than the date of the first payment that 8,803
occurs after fourteen working days following the date the notice 8,804
was mailed and is required to continue the withholding at the 8,805
intervals specified in the notice; 8,806
(vi) A requirement that the person paying or otherwise 8,808
distributing the obligor's income promptly notify the child 8,809
support enforcement agency, in writing, within ten days after the 8,810
date of any termination of the obligor's income; 8,811
(vii) A requirement that the person paying or otherwise 8,813
distributing the obligor's income include in all notices the 8,814
obligor's last known mailing address, last known residence 8,815
address, and social security number; 8,816
(viii) A requirement that, no later than the earlier of 8,818
forty-five days before the lump-sum payment is to be made or, if 8,819
the obligor's right to the lump-sum payment is determined less 8,820
than forty-five days before it is to be made, the date on which 8,821
212
that determination is made, the person paying or otherwise 8,822
distributing the obligor's income notify the child support 8,823
enforcement agency of any lump-sum payment of any kind of five 8,824
hundred dollars or more that is to be paid to the obligor, hold 8,825
the lump-sum payment for thirty days after the date on which the 8,826
lump-sum payment would otherwise be paid to the obligor, if the 8,827
lump-sum payment is sick pay, lump-sum payment of retirement 8,828
benefits or contributions, or profit-sharing payments or 8,829
distributions, and, upon order of the court, pay any specified 8,830
amount of the lump-sum payment to the child support enforcement 8,831
agency. 8,832
(ix) A statement that, in addition to the amount withheld 8,834
for support, the person paying or otherwise distributing the 8,835
obligor's income may withhold a fee from the obligor's income as 8,836
a charge for its services in complying with the order and a 8,837
specification of the amount that may be withheld. 8,838
(c) The court or agency shall send the notice described in 8,840
division (D)(4)(b) of this section to the obligor and shall 8,841
attach to the notice an additional notice requiring the obligor 8,842
immediately to notify the child support enforcement agency, in 8,843
writing, of any change in income to which the withholding notice 8,845
applies, of the commencement of employment, including
self-employment, and of the availability of any other sources of 8,846
income that can be the subject of any withholding or deduction 8,847
requirement described in division (D) of this section. The court 8,848
or agency shall serve the notices upon the obligor at the same 8,849
time as service of the support order or, if the support order 8,850
previously has been issued, shall send the notices to the obligor 8,851
by regular mail at the last known address at the same time that 8,852
it sends the notice described in division (D)(4)(b) of this 8,853
section to the person paying or otherwise distributing the 8,854
obligor's income. The additional notice also shall specify that 8,855
upon commencement of employment the obligor may request the court 8,857
or child support enforcement agency to issue a notice requiring 8,858
213
the withholding of an amount from the obligor's personal earnings 8,859
for support in accordance with division (D)(1) of this section
and that upon commencement of employment the court may cancel its 8,861
withholding notice under division (D)(4)(b) of this section and 8,862
instead will issue a notice requiring the withholding of an
amount from personal earnings for support in accordance with 8,863
division (D)(1) of this section. The notification required of 8,864
the obligor shall include a description of the nature of any new 8,865
employment, the name and business address of any new employer, 8,866
and any other information reasonably required by the court. 8,867
(5)(a) If the court or child support enforcement agency 8,869
determines that the obligor has funds on deposit in any account 8,870
in a financial institution under the jurisdiction of the court, 8,871
the court or agency may require any financial institution in 8,872
which the obligor's funds are on deposit to deduct from the 8,873
obligor's account a specified amount for support in satisfaction 8,874
of the support order, to begin the deduction no later than 8,875
fourteen working days following the date the notice was mailed to 8,876
the financial institution under divisions (A)(2) or (B) and 8,878
(D)(5)(2)(b) of this section, to send the amount deducted to the 8,879
DIVISION OF child support enforcement agency designated for that 8,880
county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to section 8,882
2301.35 5101.325 of the Revised Code, to send that amount to the 8,884
agency DIVISION immediately but not later than ten SEVEN days 8,885
after the date the latest deduction was made, to provide the date 8,886
on which the amount was deducted, and to continue the deduction 8,887
at intervals specified in the notice until further notice from 8,888
the court or CHILD SUPPORT ENFORCEMENT agency. To the extent 8,889
possible, the amount specified in the notice to be deducted shall 8,891
satisfy the amount ordered for support in the support order plus 8,892
any arrearages that may be owed by the obligor under any prior 8,893
support order that pertained to the same child or spouse, 8,894
notwithstanding the limitations of sections 2329.66, 2329.70, and 8,895
2716.13 of the Revised Code. However, in no case shall the sum 8,896
214
of the amount specified in the notice to be deducted and the fee 8,897
deducted by the financial institution as a charge for its 8,898
services exceed the maximum amount permitted under section 303(b) 8,899
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 8,900
(b) If the court or agency imposes a withholding 8,902
requirement under division (D)(5)(2)(a) of this section, it, 8,903
within the applicable period of time specified in division (A), 8,905
(B), or (C) of this section, shall send to the financial 8,906
institution by regular mail a notice that contains all of the 8,907
information set forth in divisions (D)(5)(2)(b)(i) to (viii) of 8,908
this section. The notice is final and is enforceable by the 8,910
court. The notice shall contain all of the following: 8,911
(i) The amount to be deducted from the obligor's account 8,913
and a statement that the amount actually deducted for support and 8,914
other purposes, including the fee described in division 8,916
(D)(5)(2)(b)(viii) of this section, shall not be in excess of the 8,917
maximum amounts permitted under section 303(b) of the "Consumer 8,918
Credit Protection Act," 15 U.S.C. 1673(b); 8,919
(ii) A statement that the financial institution is 8,921
required to send the amount deducted to the DIVISION OF child 8,922
support enforcement agency immediately, but not later than ten 8,923
SEVEN working days, after the date the last deduction was made 8,925
and is required to report to the CHILD SUPPORT ENFORCEMENT agency 8,926
the date on which the amount was deducted from the obligor's 8,928
account;
(iii) A statement that the deduction is binding upon the 8,930
financial institution until further notice from the court or 8,931
agency; 8,932
(iv) A statement that the withholding in accordance with 8,934
the notice and under the provisions of this section has priority 8,935
over any other legal process under the law of this state against 8,936
the same account; 8,937
(v) The date on which the notice was mailed and a 8,939
statement that the financial institution is required to implement 8,940
215
the deduction no later than fourteen working days following the 8,941
date the notice was mailed and is required to continue the 8,942
deduction at the intervals specified in the notice; 8,943
(vi) A requirement that the financial institution promptly 8,945
notify the child support enforcement agency, in writing, within 8,946
ten days after the date of any termination of the account from 8,947
which the deduction is being made and notify the agency, in 8,948
writing, of the opening of a new account at that financial 8,949
institution, the account number of the new account, the name of 8,950
any other known financial institutions in which the obligor has 8,951
any accounts, and the numbers of those accounts; 8,952
(vii) A requirement that the financial institution include 8,954
in all notices the obligor's last known mailing address, last 8,955
known residence address, and social security number; 8,956
(viii) A statement that, in addition to the amount 8,958
deducted for support, the financial institution may deduct a fee 8,959
from the obligor's account as a charge for its services in 8,960
complying with the notice and a specification of the amount that 8,961
may be deducted. 8,962
(c) The court or agency shall send the notice described in 8,964
division (D)(5)(2)(b) of this section to the obligor and shall 8,965
attach to the notice an additional notice requiring the obligor 8,966
immediately to notify the child support enforcement agency, in 8,967
writing, of any change in the status of the account from which 8,968
the amount of support is being deducted or the opening of a new 8,969
account with any financial institution, of commencement of 8,970
employment, including self-employment, or of the availability of 8,971
any other sources of income that can be the subject of any 8,972
withholding or deduction requirement described in division (D) of 8,973
this section. The court or agency shall serve the notices upon 8,974
the obligor at the same time as service of the support order or, 8,975
if the support order previously has been issued, shall send the 8,976
notices to the obligor by regular mail at the last known address 8,977
at the same time that it sends the notice described in division 8,978
216
(D)(5)(2)(b) of this section to the financial institution. The 8,980
additional notice also shall specify that upon commencement of 8,982
employment, the obligor may request the court or child support 8,983
enforcement agency to cancel its financial institution account 8,984
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 8,986
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 8,987
institution account deduction notice under division (D)(5)(2)(b) 8,989
of this section and instead will issue a notice requiring the 8,990
withholding of an amount from personal earnings for support in 8,992
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 8,993
of the nature of any new accounts opened at a financial 8,994
institution under the jurisdiction of the court, the name and 8,995
business address of that financial institution, a description of 8,996
the nature of any new employment OR INCOME SOURCE, the name and, 8,998
business address, AND TELEPHONE NUMBER of any new employer OR 8,999
INCOME SOURCE, and any other information reasonably required by 9,001
the court.
(6)(3) The court may issue an order requiring the obligor 9,003
to enter into a cash bond with the court. The court shall issue 9,004
the order as part of the support order or, if the support order 9,005
previously has been issued, as a separate order. Any cash bond 9,006
so required shall be in a sum fixed by the court at not less than 9,007
five hundred nor more than ten thousand dollars, conditioned that 9,008
the obligor will make payment as previously ordered and will pay 9,009
any arrearages under any prior support order that pertained to 9,010
the same child or spouse. The order, along with an additional 9,011
order requiring the obligor to immediately notify the child 9,012
support enforcement agency, in writing, of commencement of 9,013
employment, including self-employment IF THE OBLIGOR BEGINS TO 9,014
RECEIVE INCOME FROM A PAYOR, shall be attached to, and shall be 9,016
served upon the obligor at the same time as service of, the 9,017
217
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 9,018
this division. The additional order also shall specify that upon 9,019
commencement of employment WHEN THE OBLIGOR BEGINS TO RECEIVE 9,020
INCOME FROM A PAYOR the obligor may request the court to cancel 9,022
its bond order and instead issue a notice requiring the 9,023
withholding of an amount from personal earnings INCOME for 9,025
support in accordance with division (D)(1) of this section and 9,026
that upon commencement of employment WHEN THE OBLIGOR BEGINS TO
RECEIVE INCOME FROM A PAYOR the court will proceed to collect on 9,028
the bond, if the court determines that payments due under the 9,029
support order have not been made and that the amount that has not 9,030
been paid is at least equal to the support owed for one month 9,031
under the support order, and will issue a notice requiring the 9,032
withholding of an amount from personal earnings INCOME for 9,033
support in accordance with division (D)(1) of this section. The 9,035
notification required of the obligor shall include a description 9,036
of the nature of any new employment, the name and business 9,037
address of any new employer, and any other information reasonably 9,038
required by the court.
The court shall not order an obligor to post a cash bond 9,040
under this division unless the court determines that the obligor 9,041
has the ability to do so. A child support enforcement agency 9,042
shall not issue an order of the type described in this division. 9,043
If a child support enforcement agency is required to issue a 9,044
withholding or deduction notice under division (D) of this 9,045
section but the agency determines that no notice of the type 9,046
described in division (D)(1) to (5) OR (2) of this section would 9,048
be appropriate, the agency may request the court to issue a court 9,049
order under this division, and, upon the request, the court may 9,050
issue an order as described in this division. 9,051
(7)(4) If the obligor is unemployed, has no income, and 9,053
does not have an account at any financial institution, OR ON 9,054
REQUEST OF A CHILD SUPPORT ENFORCEMENT AGENCY MADE UNDER SECTION 9,055
218
3111.231 OF THE REVISED CODE, the court shall issue an order 9,057
requiring the obligor to seek employment, if the obligor is able 9,058
to engage in employment and immediately to, TO SEEK EMPLOYMENT OR 9,059
PARTICIPATE IN A WORK ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE 9,060
UNDER TITLE IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 9,066
(1935), 42 U.S.C.A. 301, AS AMENDED, MAY BE ASSIGNED AS SPECIFIED 9,068
IN SECTION 407(d) OF THE "SOCIAL SECURITY ACT," 42 U.S.C.A. 9,074
607(d), AS AMENDED. THE COURT SHALL INCLUDE IN THE ORDER A 9,075
REQUIREMENT THAT THE OBLIGOR notify the child support enforcement 9,077
agency upon obtaining employment, upon obtaining any income, or 9,078
upon obtaining ownership of any asset with a value of five 9,079
hundred dollars or more. THE COURT MAY ISSUE THE ORDER 9,081
REGARDLESS OF WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES
SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER TITLE (IV)-A OF THE 9,083
"SOCIAL SECURITY ACT." The court shall issue the notice ORDER as 9,084
part of the A support order or, if the A support order previously 9,086
has been issued, as a separate notice. A child support 9,087
enforcement agency shall not issue a notice of the type described 9,088
in this division ORDER. If a child support enforcement agency is 9,089
required to issue a withholding or deduction notice under 9,090
division (D) of this section but the agency determines that no 9,091
notice of the type described in division (D)(1) to (5) OR (2) of 9,092
this section would be appropriate, the agency may request the 9,094
court to issue a court order under this division (D)(4) OF THIS 9,095
SECTION, and, upon the request, the court may issue an order as 9,096
described in this division (D)(4) OF THIS SECTION. 9,097
IF AN OBLIGOR IS ORDERED TO PARTICIPATE IN A WORK ACTIVITY, 9,100
THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH THE 9,101
OBLIGOR RESIDES SHALL OVERSEE THE OBLIGOR'S PARTICIPATION IN 9,102
ACCORDANCE WITH RULES THE DEPARTMENT OF HUMAN SERVICES SHALL 9,103
ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. A 9,106
CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTRACT WITH ONE OR MORE 9,107
GOVERNMENTAL AGENCIES OR PERSONS TO CARRY OUT SOME OR ALL OF ITS 9,108
OVERSIGHT DUTIES. 9,109
219
(E) If a court or child support enforcement agency is 9,111
required under division (A), (B), or (C) of this section or any 9,112
other section of the Revised Code to issue one or more notices or 9,113
court orders described in division (D) of this section, the court 9,114
or agency to the extent possible shall issue a sufficient number 9,115
of notices or court orders under division (D) of this section to 9,116
provide that the aggregate amount withheld or deducted under 9,117
those notices or court orders satisfies the amount ordered for 9,118
support in the support order plus any arrearages that may be owed 9,119
by the obligor under any prior support order that pertained to 9,120
the same child or spouse, notwithstanding the limitations of 9,121
sections 2329.66, 2329.70, 2716.13, and 4123.67 of the Revised 9,122
Code. However, in no case shall the aggregate amount withheld or 9,123
deducted and any fees withheld or deducted as a charge for 9,124
services exceed the maximum amount permitted under section 303(b) 9,125
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 9,126
(F)(1) Any withholding or deduction requirement that is 9,128
contained in a notice described in division (D) of this section 9,129
and that is required to be issued by division (A), (B), or (C) of 9,130
this section or any other section of the Revised Code has 9,131
priority over any order of attachment, any order in aid of 9,132
execution, and any other legal process issued under state law 9,133
against the same earnings, payments, or account. 9,134
(2) When two or more withholding or deduction notices that 9,136
are described in division (D) of this section and that are 9,137
required to be issued by division (A), (B), or (C) of this 9,138
section or any other section of the Revised Code are received by 9,139
an employer, the bureau of workers' compensation, an employer 9,140
that is paying more than one person's workers' compensation 9,141
benefits, the public employees retirement board, the board, board 9,142
of trustees, or other governing entity of any municipal 9,143
retirement system, the board of trustees of the police and 9,144
firemen's disability and pension fund, the state teachers 9,145
retirement board, the school employees retirement board, the 9,146
220
state highway patrol retirement board, a person paying or 9,147
otherwise distributing income for more than one obligor, A PAYOR 9,148
or a financial institution, the employer, bureau of workers' 9,150
compensation, employer paying workers' compensation benefits, 9,151
board, board of trustees, or other governing entity of a 9,152
retirement system, person paying or distributing income to an 9,153
obligor, THE PAYOR or financial institution shall comply with all 9,154
of the requirements contained in the notices to the extent that 9,157
the total amount withheld from the obligor's personal earnings, 9,158
payments, pensions, annuities, allowances, benefits, other 9,159
sources of income, or savings does not exceed the maximum amount 9,160
permitted under section 303(b) of the "Consumer Credit Protection 9,161
Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance 9,162
with the allocation set forth in divisions (F)(2)(a) and (b) of 9,163
this section, notify each court or child support enforcement 9,164
agency that issued one of the notices of the allocation, and give 9,165
priority to amounts designated in each notice as current support 9,166
in the following manner: 9,167
(a) If the total of the amounts designated in the notices 9,169
as current support exceeds the amount available for withholding 9,170
under section 303(b) of the "Consumer Credit Protection Act," 15 9,171
U.S.C. 1673(b), the employer, bureau of workers' compensation, 9,172
employer paying workers' compensation benefits, board, board of 9,173
trustees, or other governing entity of a municipal retirement 9,174
system, person paying or distributing income to an obligor, PAYOR 9,175
or financial institution shall allocate to each notice an amount 9,177
for current support equal to the amount designated in that notice 9,178
as current support multiplied by a fraction in which the 9,179
numerator is the amount of personal earnings, payments, pensions, 9,180
annuities, allowances, benefits, other sources of income, or 9,181
savings available for withholding and the denominator is the 9,182
total amount designated in all of the notices as current support. 9,183
(b) If the total of the amounts designated in the notices 9,185
as current support does not exceed the amount available for 9,186
221
withholding under section 303(b) of the "Consumer Credit 9,187
Protection Act," 15 U.S.C. 1673(b), the persons and entities 9,188
listed in division (F)(2)(a) of this section PAYOR OR FINANCIAL 9,189
INSTITUTION shall pay all of the amounts designated as current 9,191
support in the notices and shall allocate to each notice an 9,192
amount for past-due support equal to the amount designated in 9,193
that notice as past-due support multiplied by a fraction in which 9,194
the numerator is the amount of personal earnings, payments, 9,195
pensions, annuities, allowances, benefits, other sources of 9,196
income, or savings remaining available for withholding after the 9,197
payment of current support and the denominator is the total 9,198
amount designated in all of the notices as past-due support. 9,199
(G)(1) Except when a provision specifically authorizes or 9,201
requires service other than as described in this division, 9,202
service of any notice on any party, the bureau of workers' 9,203
compensation, an employer that is paying a person's workers' 9,204
compensation benefits, the public employees retirement board, the 9,205
board, board of trustees, or other governing entity of any 9,206
municipal retirement system, the board of trustees of the police 9,207
and firemen's disability and pension fund, the state teachers 9,208
retirement board, the school employees retirement board, the 9,209
state highway patrol retirement board, a person paying or 9,210
otherwise distributing an obligor's income, a financial 9,211
institution, or an employer PAYOR, for purposes of division (A), 9,212
(B), (C), or (D) of this section, may be made by personal service 9,214
or ordinary first class mail directed to the addressee at the 9,215
last known address, or, in the case of a corporation, at its 9,216
usual place of doing business. Any service of notice by ordinary 9,217
first class mail shall be evidenced by a certificate of mailing 9,218
filed with the clerk of the court. 9,219
(2) Each party to a support order shall notify the child 9,221
support enforcement agency of the party's current mailing address 9,222
and, current residence address, CURRENT RESIDENCE TELEPHONE 9,224
NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER, at the time of the 9,225
222
issuance or modification of the order and, until further notice 9,226
of the court that issues the order, shall notify the agency of 9,227
any change in either address THAT INFORMATION immediately after 9,228
the change occurs. Any willful failure to comply with this 9,230
division is contempt of court. No person shall fail to give the 9,231
notice required by division (G)(2) of this section.
(3) Each support order, or modification of a support 9,233
order, that is subject to this section shall contain a statement 9,234
requiring each party to the order to notify the child support 9,235
enforcement agency in writing of the party's current mailing 9,236
address, the party's current residence address, CURRENT RESIDENCE 9,237
TELEPHONE NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER, and of any 9,238
changes in either address THAT INFORMATION and a notice that the 9,239
requirement to notify the agency of all changes in either address 9,241
THAT INFORMATION continues until further notice from the court 9,243
and that a willful failure to supply a correct mailing address 9,244
or, residence address, RESIDENCE TELEPHONE NUMBER, AND DRIVER'S 9,245
LICENSE NUMBER, or to provide the agency with all changes in 9,246
either address, TELEPHONE NUMBER, OR DRIVER'S LICENSE NUMBER is 9,247
contempt of court. 9,248
(4)(a) The parent who is the residential parent and legal 9,250
custodian of a child for whom a support order is issued or the 9,251
person who otherwise has custody of a child for whom a support 9,252
order is issued immediately shall notify, and the obligor under a 9,253
support order may notify, the child support enforcement agency of 9,254
any reason for which the support order should terminate, 9,255
including, but not limited to, death, marriage, emancipation, 9,256
enlistment in the armed services, deportation, or change of legal 9,257
or physical custody of the child. A willful failure to notify 9,258
the child support enforcement agency as required by this division 9,259
is contempt of court. Upon receipt of a notice pursuant to this 9,260
division, the agency immediately shall conduct an investigation 9,261
to determine if any reason exists for which the support order 9,262
should terminate. If the agency so determines, it immediately 9,263
223
shall notify the court that issued the support order of the 9,264
reason for which the support order should terminate. 9,265
(b) Upon receipt of a notice given pursuant to division 9,267
(G)(4)(a) of this section, the court shall ORDER THE DIVISION OF 9,268
CHILD SUPPORT TO impound any funds received for the child 9,270
pursuant to the support order and THE COURT SHALL set the case 9,272
for a hearing for a determination of whether the support order 9,273
should be terminated or modified or whether the court should take 9,274
any other appropriate action.
(c) If the court terminates a support order pursuant to 9,276
divisions (G)(4)(a) and (b) of this section, the termination of 9,277
the support order also terminates any withholding or deduction 9,278
order as described in division (D) or (H) of this section that 9,279
was issued relative to the support order prior to December 31, 9,280
1993, and any withholding or deduction notice as described in 9,281
division (D) or court order as described in division (D)(6)(3), 9,283
(D)(7)(4), or (H) of this section that was issued relative to the 9,286
support order on or after December 31, 1993. Upon the 9,287
termination of any withholding or deduction order or any 9,288
withholding or deduction notice, the court immediately shall 9,289
notify the appropriate child support enforcement agency that the 9,290
order or notice has been terminated, and the agency immediately 9,291
shall notify each employer, PAYOR OR financial institution, or 9,293
other person or entity that was required to withhold or deduct a 9,294
sum of money for the payment of support under the terminated 9,295
withholding or deduction order or the terminated withholding or 9,296
deduction notice that the order or notice has been terminated and 9,297
that it is required to cease all withholding or deduction under 9,298
the order or notice. 9,299
(d) The department of human services shall adopt rules 9,301
that provide for both of the following: 9,302
(i) The return to the appropriate person of any funds that 9,304
a court has ORDERED impounded under division (G)(4)(b) of this 9,305
section if the support order under which the funds were paid has 9,307
224
been terminated pursuant to divisions (G)(4)(a) and (b) of this 9,308
section; 9,309
(ii) The return to the appropriate person of any other 9,311
payments made pursuant to a support order if the payments were 9,312
made at any time after the support order under which the funds 9,313
were paid has been terminated pursuant to divisions (G)(4)(a) and 9,314
(b) of this section. 9,315
(5) If any party to a support order requests a 9,317
modification of the order or if any obligee under a support order 9,318
or any person on behalf of the obligee files any action to 9,319
enforce a support order, the court shall notify the child support 9,320
enforcement agency that is administering the support order or 9,321
that will administer the order after the court's determination of 9,322
the request or the action, of the request or the filing. 9,323
(6) When a child support enforcement agency receives any 9,325
notice under division (G) of section 2151.23, section 2301.37, 9,326
division (E) of section 3105.18, division (C) of section 3105.21, 9,327
division (A) of section 3109.05, division (F) of section 3111.13, 9,328
division (B) of section 3113.04, section 3113.21, section 9,329
3113.211, section 3113.212, division (K) of section 3113.31, or 9,330
division (D)(C)(3) of section 3115.22 3115.31 of the Revised 9,332
Code, it shall issue the most appropriate notices under division 9,333
(D) of this section. Additionally, it shall do all of the 9,334
following:
(a) If the obligor is subject to a withholding notice 9,336
issued under division (D)(1) of this section and the notice 9,337
relates to the obligor's change of employment, send a withholding 9,338
notice under that division to the new employer of the obligor as 9,339
soon as the agency obtains knowledge of that employer; 9,340
(b) If the notification received by the agency specifies 9,342
that a lump-sum payment of five hundred dollars or more is to be 9,343
paid to the obligor, notify the court of the receipt of the 9,344
notice and its contents; 9,345
(c) Comply with section 3113.212 of the Revised Code, as 9,347
225
appropriate. 9,348
(H)(1)(a) For purposes of division (D)(1) of this section, 9,350
when a person who fails to comply with a support order that is 9,351
subject to that division derives income from self-employment or 9,352
commission, is employed by an employer not subject to the 9,353
jurisdiction of the court, or is in any other employment 9,354
situation that makes the application of that division 9,355
impracticable, the court may require the person to enter into a 9,356
cash bond to the court in a sum fixed by the court at not less 9,357
than five hundred nor more than ten thousand dollars, conditioned 9,358
that the person will make payment as previously ordered. 9,359
(b) When a court determines at a hearing conducted under 9,361
division (B) of this section, or a child support enforcement 9,362
agency determines at a hearing or pursuant to an investigation 9,363
conducted under division (B) of this section, that the obligor 9,364
under the order in relation to which the hearing or investigation 9,365
is conducted is unemployed and has no other source of income and 9,366
no assets so that the application of divisions (B) and (D) of 9,367
this section would be impracticable, the court shall issue an 9,368
order as described in division (D)(7)(4) of this section and 9,369
shall order the obligor to notify the child support enforcement 9,371
agency in writing immediately upon commencement of employment, 9,372
including self-employment, of the receipt of workers' 9,373
compensation payments, of the receipt of any other source of 9,374
income, or of the opening of an account in a financial 9,375
institution, and to include in the notification a description of 9,376
the nature of the employment OR INCOME SOURCE, the name and, 9,378
business address, AND TELEPHONE NUMBER of the employer OR INCOME 9,379
SOURCE, and any other information reasonably required by the 9,381
court.
(2) When a court determines, at a hearing conducted under 9,383
division (C)(2) of this section, that an obligor is unemployed, 9,384
is not receiving workers' compensation payments, does not have an 9,385
account in a financial institution, and has no other source of 9,386
226
income and no assets so that the application of divisions (C)(2) 9,387
and (D) of this section would be impracticable, the court shall 9,388
issue an order as described in division (D)(7)(4) of this section 9,390
and shall order the obligor to notify the child support 9,391
enforcement agency, in writing, immediately upon commencement of 9,393
employment, including self-employment, of the receipt of workers' 9,394
compensation payments, of the receipt of any other source of 9,395
income, or of the opening of an account in a financial
institution, and to include in the notification a description of 9,396
the nature of the employment OR INCOME SOURCE, the name and, 9,398
business address, AND TELEPHONE NUMBER of the employer OR INCOME 9,399
SOURCE or the name and, address, AND TELEPHONE NUMBER of the 9,400
financial institution, and any other information reasonably 9,401
required by the court. 9,402
(3)(a) Upon receipt of a notice from a child support 9,404
enforcement agency under division (G)(6) of this section that a 9,405
lump-sum payment of five hundred dollars or more is to be paid to 9,406
the obligor, the court shall do either of the following: 9,407
(i) If the obligor is in default under the support order 9,409
or has any unpaid arrearages under the support order, issue an 9,410
order requiring the transmittal of the lump-sum payment to the 9,411
DIVISION OF child support enforcement agency. 9,412
(ii) If the obligor is not in default under the support 9,414
order and does not have any unpaid arrearages under the support 9,415
order, issue an order directing the person who gave the notice to 9,416
the court to immediately pay the full amount of the lump-sum 9,417
payment to the obligor. 9,418
(b) Upon receipt of any moneys pursuant to division 9,420
(H)(3)(a) of this section, a THE DIVISION OF child support 9,421
enforcement agency shall pay the amount of the lump-sum payment 9,423
that is necessary to discharge all of the obligor's arrearages to 9,424
the obligee and, within two business days after its receipt of 9,425
the money, any amount that is remaining after the payment of the 9,426
arrearages to the obligor. 9,427
227
(c) Any court that issued an order prior to December 1, 9,429
1986, requiring an employer to withhold an amount from an 9,430
obligor's personal earnings for the payment of support shall 9,431
issue a supplemental order that does not change the original 9,432
order or the related support order requiring the employer to do 9,433
all of the following: 9,434
(i) No later than the earlier of forty-five days before a 9,436
lump-sum payment is to be made or, if the obligor's right to a 9,437
lump-sum payment is determined less than forty-five days before 9,438
it is to be made, the date on which that determination is made, 9,439
notify the child support enforcement agency of any lump-sum 9,440
payment of any kind of five hundred dollars or more that is to be 9,441
paid to the obligor; 9,442
(ii) Hold the lump-sum payment for thirty days after the 9,444
date on which it would otherwise be paid to the obligor, if the 9,445
lump-sum payment is sick pay, a lump-sum payment of retirement 9,446
benefits or contributions, or profit-sharing payments or 9,447
distributions; 9,448
(iii) Upon order of the court, pay any specified amount of 9,450
the lump-sum payment to the DIVISION OF child support enforcement 9,451
agency. 9,452
(d) If an employer knowingly fails to notify the child 9,454
support enforcement agency in accordance with division (D) of 9,455
this section of any lump-sum payment to be made to an obligor, 9,456
the employer is liable for any support payment not made to the 9,457
obligee as a result of its knowing failure to give the notice as 9,458
required by that division. 9,459
(I)(1) Any support order, or modification of a support 9,461
order, that is subject to this section shall contain the date of 9,462
birth and social security number of the obligor. 9,463
(2) No withholding or deduction notice described in 9,465
division (D) or court order described in division (D)(6)(3) or 9,466
(7)(4) of this section shall contain any information other than 9,468
the information specifically required by division (A), (B), (C), 9,469
228
or (D) of this section or by any other section of the Revised 9,470
Code and any additional information that the issuing court 9,471
determines may be necessary to comply with the notice. 9,472
(J) No withholding or deduction notice described in 9,474
division (D) or court order described in division (D)(6)(3) or 9,475
(7)(4) of this section and issued under division (A), (B), or (C) 9,477
of this section or any other section of the Revised Code shall be 9,478
terminated solely because the obligor pays any part or all of the 9,480
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 9,482
section and section 2301.42 of the Revised Code and the rules 9,483
adopted pursuant to division (C) of that section, if child 9,484
support arrearages are owed by an obligor to the obligee and to 9,485
the department of human services, any payments received on the 9,486
arrearages by the DIVISION OF child support enforcement agency 9,487
first shall be paid to the obligee until the arrearages owed to 9,488
the obligee are paid in full. 9,489
(2) Division (K)(1) of this section does not apply to the 9,491
collection of past-due child support from refunds of paid federal 9,492
taxes pursuant to section 5101.32 of the Revised Code or of 9,493
overdue child support from refunds of paid state income taxes 9,494
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 9,495
(L)(1) Each court with jurisdiction to issue support 9,497
orders OR ORDERS ESTABLISHING THE EXISTENCE OR NONEXISTENCE OF A 9,498
PARENT AND CHILD RELATIONSHIP shall establish rules of court to 9,499
ensure that the following percentage of all actions to establish 9,500
THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, 9,501
TO ESTABLISH a support requirement, or to modify a previously 9,502
issued support order be completed within the following time 9,503
limits:
(a) Ninety SEVENTY-FIVE per cent of all of the actions 9,505
shall be completed within three SIX months after they were 9,506
initially filed; 9,507
(b) Ninety-eight NINETY per cent of all of the actions 9,509
229
shall be completed within six TWELVE months after they were 9,510
initially filed; 9,511
(c) One hundred per cent of all of the actions shall be 9,513
completed within twelve months after they were initially filed. 9,514
(2) If a case involves complex legal issues requiring full 9,516
judicial review, the court shall issue a temporary support order 9,517
within the time limits set forth in division (L)(1) of this 9,518
section, which temporary order shall be in effect until a final 9,519
support order is issued in the case. All cases in which the 9,520
imposition of a notice or order under division (D) of this 9,521
section is contested shall be completed within the period of time 9,522
specified by law for completion of the case. The failure of a 9,523
court to complete a case within the required period does not 9,524
affect the ability of any court to issue any order under this 9,525
section or any other section of the Revised Code for the payment 9,526
of support, does not provide any defense to any order for the 9,527
payment of support that is issued under this section or any other 9,528
section of the Revised Code, and does not affect any obligation 9,529
to pay support. 9,530
(3)(a) In any Title IV-D case, the judge, when necessary 9,532
to satisfy the federal requirement of expedited process for 9,533
obtaining and enforcing support orders, shall appoint referees to 9,534
make findings of fact and recommendations for the judge's 9,535
approval in the case. All referees appointed pursuant to this 9,536
division shall be attorneys admitted to the practice of law in 9,537
this state. If the court appoints a referee pursuant to this 9,538
division, the court may appoint any additional administrative and 9,539
support personnel for the referee. 9,540
(b) Any referee appointed pursuant to division (L)(3)(a) 9,542
of this section may perform any of the following functions: 9,543
(i) The taking of testimony and keeping of a record in the 9,545
case; 9,546
(ii) The evaluation of evidence and the issuance of 9,548
recommendations to establish, modify, and enforce support orders; 9,549
230
(iii) The acceptance of voluntary acknowledgments of 9,551
support liability and stipulated agreements setting the amount of 9,552
support to be paid; 9,553
(iv) The entering of default orders if the obligor does 9,555
not respond to notices in the case within a reasonable time after 9,556
the notices are issued; 9,557
(v) Any other functions considered necessary by the court. 9,559
(4) The child support enforcement agency may conduct 9,561
administrative reviews of support orders to obtain voluntary 9,562
notices or court orders under division (D) of this section and to 9,563
correct any errors in the amount of any arrearages owed by an 9,564
obligor. The obligor and the obligee shall be notified of the 9,565
time, date, and location of the administrative review at least 9,566
fourteen days before it is held. 9,567
(M)(1) The termination of a support obligation or a 9,569
support order does not abate the power of any court to collect 9,570
overdue and unpaid support or to punish any person for a failure 9,571
to comply with an order of the court or to pay any support as 9,572
ordered in the terminated support order and does not abate the 9,573
authority of a child support enforcement agency to issue, in 9,574
accordance with this section, any notice described in division 9,575
(D) of this section or of a court to issue, in accordance with 9,576
this section, any court order as described in division (D)(6)(3) 9,578
or (7)(4) of this section, to collect any support due or 9,579
arrearage under the support order. 9,581
(2) Any court that has the authority to issue a support 9,583
order shall have all powers necessary to enforce that support 9,584
order, and all other powers, set forth in this section. 9,585
(3) Except as provided in division (M)(4) of this section, 9,587
a court may not retroactively modify an obligor's duty to pay a 9,588
delinquent support payment. 9,589
(4) A court with jurisdiction over a support order may 9,591
modify an obligor's duty to pay a support payment that becomes 9,592
due after notice of a petition to modify the support order has 9,593
231
been given to each obligee and to the obligor before a final 9,594
order concerning the petition for modification is entered. 9,595
(N) If an obligor is in default under a support order and 9,597
has a claim against another person of more than one thousand 9,598
dollars, the obligor shall notify the child support enforcement 9,599
agency of the claim, the nature of the claim, and the name of the 9,600
person against whom the claim exists. If an obligor is in 9,601
default under a support order and has a claim against another 9,602
person or is a party in an action for any judgment, the child 9,603
support enforcement agency or the agency's attorney, on behalf of 9,604
the obligor, immediately shall file with the court in which the 9,605
action is pending a motion to intervene in the action or a 9,606
creditor's bill. The motion to intervene shall be prepared and 9,607
filed pursuant to Civil Rules 5 and 24(A) and (C). 9,608
Nothing in this division shall preclude an obligee from 9,610
filing a motion to intervene in any action or a creditor's bill. 9,611
(O) If an obligor is receiving unemployment compensation 9,613
benefits, an amount may be deducted from those benefits for 9,614
purposes of child support, in accordance with section 2301.371 9,615
and division (D)(4) of section 4141.28 of the Revised Code. Any 9,616
deduction from a source in accordance with those provisions is in 9,617
addition to, and does not preclude, any withholding or deduction 9,618
for purposes of support under divisions (A) to (N) of this 9,619
section. 9,620
(P) As used in this section, and in sections 3113.211 to 9,622
3113.217 of the Revised Code: 9,623
(1) "Financial institution" means a bank, savings and loan 9,625
association, or credit union, or a regulated investment company 9,626
or mutual fund in which a person who is required to pay child 9,627
support has funds on deposit that are not exempt under the law of 9,628
this state or the United States from execution, attachment, or 9,629
other legal process. 9,630
(2) "Title IV-D case" means any case in which the child 9,632
support enforcement agency is enforcing the child support order 9,633
232
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 9,634
2351 (1975), 42 U.S.C. 651, as amended. 9,635
(3) "Child support enforcement agency" means the child 9,637
support enforcement agency designated pursuant to section 2301.35 9,638
of the Revised Code. 9,639
(4) "Obligor" means the person who is required to pay 9,641
support under a support order. 9,642
(5) "Obligee" means the person who is entitled to receive 9,644
the support payments under a support order. 9,645
(6) "Support order" means an order for the payment of 9,647
support and, for orders issued or modified on or after December 9,648
31, 1993, includes any notices described in division (D) or (H) 9,649
of this section that are issued in accordance with this section. 9,650
(7) "Support" means child support, spousal support, and 9,652
support for a spouse or former spouse. 9,653
(8) "Personal earnings" means compensation paid or payable 9,655
for personal services, however denominated, and includes, but is 9,656
not limited to, wages, salary, commissions, bonuses, draws 9,657
against commissions, profit sharing, and vacation pay. 9,658
(9) "Default" has the same meaning as in section 2301.34 9,660
of the Revised Code. 9,661
(10) "PAYOR" MEANS ANY PERSON OR ENTITY THAT PAYS OR 9,664
DISTRIBUTES INCOME TO AN OBLIGOR, INCLUDING THE OBLIGOR, IF THE 9,665
OBLIGOR IS SELF EMPLOYED; AN EMPLOYER; AN EMPLOYER THAT IS PAYING 9,666
THE OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC 9,667
EMPLOYEES RETIREMENT BOARD; THE BOARD OF TRUSTEES, OR OTHER 9,668
GOVERNING ENTITY OF A MUNICIPAL RETIREMENT SYSTEM; THE BOARD OF 9,669
TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND; 9,670
THE STATE TEACHERS RETIREMENT BOARD; THE SCHOOL EMPLOYEES 9,671
RETIREMENT BOARD; THE STATE HIGHWAY PATROL RETIREMENT BOARD; THE 9,672
BUREAU OF WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY. 9,673
(Q) AS USED IN THIS SECTION, "INCOME" MEANS ANY FORM OF 9,676
MONETARY PAYMENT, INCLUDING PERSONAL EARNINGS; WORKERS' 9,677
COMPENSATION PAYMENTS; PENSIONS; ANNUITIES; ALLOWANCES; PRIVATE 9,678
233
OR GOVERNMENTAL RETIREMENT BENEFITS; DISABILITY OR SICK PAY; 9,679
INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, STATE, OR 9,680
LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE BENEFITS CAN BE 9,681
WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE BENEFITS; ANY 9,682
FORM OF TRUST FUND OR ENDOWMENT; LUMP-SUM PAYMENTS; AND ANY OTHER 9,683
PAYMENT IN MONEY. 9,684
Sec. 3113.211. (A)(1) For purposes of this section, a 9,693
withholding or deduction order that was issued prior to December 9,694
31, 1993, under division (D)(1), (2), (3), (4), or (5) of section 9,695
3113.21 of the Revised Code as the division existed prior to that 9,696
date and that has not been terminated on or after December 31, 9,697
1993, shall be considered to be a withholding or deduction notice 9,698
issued under division (D)(1), OR (2), (3), (4), or (5) of section 9,700
3113.21 of the Revised Code. 9,701
(2) An employer A PAYOR ordered to withhold a specified 9,703
amount from the personal earnings INCOME of an employee under a 9,704
withholding notice issued under division (A), (B), (C), or (D)(1) 9,706
of section 3113.21 of the Revised Code for purposes of support 9,707
also may deduct from the personal earnings INCOME of the person, 9,708
in addition to the amount withheld for purposes of support, a fee 9,710
of two dollars or an amount not to exceed one per cent of the 9,711
amount withheld for purposes of support, whichever is greater, as 9,712
a charge for its services in complying with the withholding 9,713
requirement included in the withholding notice. An employer that 9,714
is paying a person's workers' compensation benefits and that is 9,715
required to withhold a specified amount from a person's workers' 9,716
compensation benefits under a withholding notice issued under 9,717
division (D)(2) of section 3113.21 of the Revised Code for 9,718
purposes of support also may deduct from the workers' 9,719
compensation benefits, in addition to the amount withheld for 9,720
purposes of support, a fee of two dollars or an amount not to 9,721
exceed one per cent of the amount withheld for purposes of 9,722
support, whichever is greater, as a charge for its services in 9,723
complying with the withholding requirement included in the 9,724
234
withholding notice. A financial institution required to deduct 9,725
funds from an account under a deduction notice issued under 9,726
division (D)(5)(2) of section 3113.21 of the Revised Code for 9,728
purposes of support may deduct from the account of the person, in 9,729
addition to the amount deducted for purposes of support, a fee of 9,730
five dollars or an amount not to exceed the lowest rate that it 9,731
charges, if any, for a debit transaction in a similar account, 9,732
whichever is less, as a charge for its service in complying with 9,733
the deduction requirement included in the deduction notice. The 9,734
public employees retirement board, the board, board of trustees, 9,735
or other governing entity of any municipal retirement system, the 9,736
board of trustees of the police and firemen's disability and 9,737
pension fund, the state teachers retirement board, the school 9,738
employees retirement board, the state highway patrol retirement 9,739
board, and a person paying or otherwise distributing an obligor's 9,740
income required to withhold or deduct a specified amount from an 9,741
obligor's pension, annuity, allowance, other benefit, or other 9,742
source of income under a withholding or deduction notice issued 9,743
under division (D)(3) or (4) of section 3113.21 of the Revised 9,744
Code for purposes of support also may deduct from the obligor's 9,745
pension, annuity, allowance, other benefit, or other source of 9,746
income, a fee of two dollars or an amount not to exceed one per 9,747
cent of the amount withheld or deducted, whichever is less, as a 9,748
charge for its services in complying with the withholding or 9,749
deduction requirement included in the withholding or deduction 9,750
notice. 9,751
The entire amount withheld or deducted pursuant to a 9,753
withholding or deduction notice issued under division (D) of 9,754
section 3113.21 of the Revised Code for purposes of support shall 9,755
be forwarded to the DIVISION OF child support enforcement agency 9,756
of the county in which that court is located IN THE DEPARTMENT OF 9,758
HUMAN SERVICES immediately, but not later than ten SEVEN working 9,760
days after, the withholding or deduction, as directed in the 9,762
withholding or deduction notice.
235
(B) If an employer, a PAYOR OR financial institution, an 9,764
employer that is paying an obligor's workers' compensation 9,766
benefits, the public employees retirement board, the board, board 9,767
of trustees, or other governing entity of any municipal 9,768
retirement system, the board of trustees of the police and 9,769
firemen's disability and pension fund, the state teachers 9,770
retirement board, the school employees retirement board, the 9,771
state highway patrol retirement board, the person paying or 9,772
otherwise distributing an obligor's income, or the bureau of 9,773
workers' compensation is required to withhold or deduct a 9,774
specified amount from the personal earnings, payments, pensions, 9,775
annuities, allowances, benefits, other sources of income, or 9,776
savings of more than one obligor under a withholding or deduction 9,777
notice issued under division (D) of section 3113.21 of the 9,778
Revised Code and is required to forward the amounts withheld or 9,779
deducted to the same DIVISION OF child support enforcement 9,781
agency, the employer, the public employees retirement board, the 9,782
board, board of trustees, or other governing entity of any 9,783
municipal retirement system, the board of trustees of the police 9,784
and firemen's disability and pension fund, the state teachers 9,785
retirement board, the school employees retirement board, the 9,786
state highway patrol retirement board, the person paying or
otherwise distributing an obligor's income, PAYOR OR the 9,787
financial institution, the employer that is paying an obligor's 9,788
workers' compensation benefits, or the bureau of workers' 9,789
compensation may combine all of the amounts to be forwarded in 9,790
one payment, provided the payment is accompanied by a list that 9,791
clearly identifies each obligor who is covered by the payment and 9,792
the portion of the payment that is attributable to that obligor. 9,793
(C) Upon receipt of any amount forwarded from an employer, 9,795
a PAYOR OR financial institution, an employer that is paying a 9,796
person's workers' compensation benefits, the public employees 9,798
retirement board, the board, board of trustees, or other 9,799
governing entity of any municipal retirement system, the board of 9,800
236
trustees of the police and firemen's disability and pension fund, 9,801
the state teachers retirement board, the school employees 9,802
retirement board, the state highway patrol retirement board, the 9,803
person paying or otherwise distributing an obligor's income, or 9,804
the bureau of workers' compensation under this section, a clerk 9,805
of court or THE DIVISION OF child support enforcement agency 9,806
shall distribute the amount to the obligee within two business 9,808
days of its receipt of the amount forwarded. The department of 9,809
human services may adopt, revise, or amend rules under Chapter 9,810
119. of the Revised Code to assist the clerk of court or child 9,811
support enforcement agency in the implementation of this 9,812
division.
(D) A PAYOR OR FINANCIAL INSTITUTION SHALL NOT BE SUBJECT 9,814
TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN ACCORDANCE WITH 9,815
THIS SECTION, WITH A WITHHOLDING OR DEDUCTION NOTICE ISSUED 9,816
PURSUANT TO DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE. 9,817
Sec. 3113.212. (A) When a court has issued a support 9,826
order, when the court or a child support enforcement agency has 9,827
issued one or more notices containing one or more of the 9,828
requirements described in division (D) of section 3113.21 of the 9,829
Revised Code or when a court has issued one or more court orders 9,830
described in division (D)(6)(3) or (7)(4) of that section, and 9,832
when either the child support enforcement agency receives a 9,833
notification as described in division (D), (G), or (H) of section 9,834
3113.21 of the Revised Code that pertains to a change in the 9,835
employment status, status of the workers' compensation payments, 9,836
status of the pension, annuity, allowance, benefit, or other 9,837
source of income, or status of accounts in a financial 9,838
institution of the obligor or the child support enforcement 9,839
agency otherwise determines that the employment status, status of 9,840
the workers' compensation payments, status of the pension, 9,841
annuity, allowance, benefit, or other source of income, or status 9,842
of accounts in a financial institution of the obligor has 9,843
changed, the child support enforcement agency immediately shall 9,844
237
conduct an investigation to determine the obligor's present 9,845
employment status, his employer's address, whether he has any 9,846
other source of income or assets, and the obligor's address and 9,847
social security number and shall issue one or more notices 9,848
described in division (D) of section 3113.21 of the Revised Code 9,849
that it determines are appropriate. If the agency determines 9,850
that no notice of the type described in division (D)(1) to (5) OR 9,852
(2) of that section would be appropriate, the agency may request 9,853
the court to issue a court order under division (D)(6)(3) or 9,855
(7)(4) of that section, and, upon the request, the court may 9,856
issue an order as described in that division. The notices and 9,857
court orders are final and are enforceable by the court. The 9,858
notices shall be mailed within fifteen days after the obligor 9,859
under the support order is located or within fifteen days after 9,860
the default under the support order, whichever is applicable. 9,861
If the court or child support enforcement agency previously 9,863
has issued one or more notices containing one or more of the 9,864
requirements described in division (D) of section 3113.21 of the 9,865
Revised Code or the court previously has issued one or more court 9,866
orders described in division (D)(6)(3) or (7)(4) of that section 9,868
and the child support enforcement agency determines that any of 9,869
the requirements or court orders no longer are appropriate due to 9,870
the change, the agency immediately shall cancel any previously 9,871
issued notice, and the court shall cancel any previously issued 9,872
court order that no longer is appropriate, the agency shall send 9,873
written notice of the cancellation by regular mail to the person 9,874
who was required to comply with the withholding, deduction, or 9,875
other requirement contained in the canceled notice or court 9,876
order, and the agency shall issue one or more new notices 9,877
containing one or more requirements described in division (D) of 9,878
section 3113.21 of the Revised Code that it determines are 9,879
appropriate. If the agency determines that no notice of the type 9,880
described in division (D)(1) to (5) OR (2) of that section would 9,882
be appropriate, the agency may request the court to issue a court 9,883
238
order under division (D)(6)(3) or (7)(4) of that section, and, 9,885
upon the request, the court may issue an order as described in 9,886
that division. The notices and court orders are final and are 9,887
enforceable by the court. The notices shall be mailed within 9,888
fifteen days after the obligor under the support order is located 9,889
or within fifteen days after the default under the support order, 9,890
whichever is applicable. 9,891
(B) When a court or child support enforcement agency has 9,893
issued one or more notices containing one or more of the 9,894
requirements described in division (D)(2), (3), (4), or (5) of 9,895
section 3113.21 of the Revised Code REQUIRING WITHHOLDING BY A 9,896
PAYOR THAT IS NOT AN EMPLOYER OR REQUIRING DEDUCTION BY A 9,897
FINANCIAL INSTITUTION or a court has issued one or more court 9,899
orders described in division (D)(6)(3) or (7)(4) of that section 9,901
and the agency is informed that the obligor has commenced
employment, the agency shall issue a notice requiring the 9,902
withholding of an amount from the person's personal earnings for 9,903
support, in accordance with division (D)(1) of section 3113.21 of 9,904
the Revised Code. The notice is final and is enforceable by the 9,905
court. Additionally, if the court or agency determines that 9,906
payments due under the support order have not been made and that 9,907
the amount that has not been paid is at least equal to the 9,908
support owed for one month under the support order, the court 9,909
shall proceed to collect on any cash bond AND SHALL ORDER IT PAID 9,910
TO THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN 9,911
SERVICES.
(C) If a child support enforcement agency sends a notice 9,913
imposing a withholding or deduction requirement or a court sends 9,914
a court order imposing any other appropriate requirement to a 9,915
person under division (A) or (B) of this section, the notice or 9,916
court order, for purposes of sections 3113.21 to 3113.219 of the 9,917
Revised Code, also shall be considered to have been issued under 9,918
division (D) of section 3113.21 of the Revised Code. The notice 9,919
or court order is final and is enforceable by the court. 9,920
239
(D) If a child support enforcement agency sends a notice 9,922
imposing a withholding or deduction requirement or any other 9,923
appropriate requirement to a person under division (A) or (B) of 9,924
this section or under section 3113.21 of the Revised Code and if 9,925
the employer, the PAYOR OR financial institution, the employer 9,927
that is paying the obligor's workers' compensation benefits, the 9,928
public employees retirement board, the board, board of trustees, 9,929
or other governing entity of the municipal retirement system, the 9,930
board of trustees of the police and firemen's disability and 9,931
pension fund, the state teachers retirement board, the school 9,932
employees retirement board, the state highway patrol retirement 9,933
board, the person paying or otherwise distributing an obligor's 9,934
income, or the bureau of workers' compensation that is sent the 9,935
withholding, deduction, or other appropriate notice fails to 9,936
comply with the notice, the child support enforcement agency 9,937
shall request the court to issue a court order requiring the 9,938
employer, the PAYOR OR financial institution, the employer that 9,940
is paying the obligor's workers' compensation benefits, the 9,941
public employees retirement board, the board, board of trustees, 9,942
or other governing entity of the municipal retirement system, the 9,943
board of trustees of the police and firemen's disability and 9,944
pension fund, the state teachers retirement board, the school 9,945
employees retirement board, the state highway patrol retirement 9,946
board, the person paying or otherwise distributing an obligor's 9,947
income, or the bureau of workers' compensation to comply with the 9,948
withholding, deduction, or other appropriate notice sent by the 9,949
agency immediately or be held in contempt of court. If the court 9,950
issues the requested order and if the employer, the PAYOR OR 9,951
financial institution, the employer that is paying the obligor's 9,953
workers' compensation benefits, the public employees retirement 9,954
board, the board, board of trustees, or other governing entity of 9,955
the municipal retirement system, the board of trustees of the 9,956
police and firemen's disability and pension fund, the state 9,957
teachers retirement board, the school employees retirement board, 9,958
240
the state highway patrol retirement board, the person paying or 9,959
otherwise distributing an obligor's income, or the bureau of 9,960
workers' compensation does not comply with the withholding, 9,961
deduction, or other appropriate order of the agency that is the 9,962
subject of the court order immediately, it is in contempt of 9,963
court. 9,964
Sec. 3113.213. (A)(1) For purposes of this section, a 9,973
withholding or deduction order that was issued prior to December 9,974
31, 1993, under division (D)(1), (2), (4), or (5) of section 9,975
3113.21 of the Revised Code as the division existed prior to that 9,976
date and that has not been terminated on or after December 31, 9,977
1993, shall be considered to be a withholding or deduction notice 9,978
issued under division (D)(1), OR (2), (4), or (5) of section 9,980
3113.21 of the Revised Code. 9,981
(2) The failure of any person to send any notification 9,983
required by division (D) or (H) of section 3113.21 of the Revised 9,984
Code shall be considered as contempt of court. 9,985
(B) An employer A PAYOR that fails to withhold an amount 9,987
from an obligor's personal earnings INCOME for support in 9,989
accordance with a withholding requirement included in a 9,991
withholding notice issued under division (D)(1) of section 9,992
3113.21 of the Revised Code, an employer that is paying an 9,993
obligor's workers' compensation benefits and that fails to 9,994
withhold the obligor's workers' compensation benefits for support 9,995
in accordance with a withholding requirement included in a 9,996
withholding notice issued under division (D)(2) of section 9,997
3113.21 of the Revised Code, OR a financial institution that 9,998
fails to deduct funds from an obligor's account for support in 9,999
accordance with a deduction requirement included in a deduction 10,000
notice issued under division (D)(5)(2) of section 3113.21 of the 10,001
Revised Code, or any other person that fails to withhold or 10,003
deduct an amount from the income of an obligor in accordance with 10,004
a withholding or deduction requirement included in a withholding 10,005
or deduction notice issued under division (D)(4) of section 10,006
241
3113.21 of the Revised Code is liable for the amount that was not 10,007
withheld or deducted, provided that no PAYOR THAT IS AN employer 10,008
whose normal pay and disbursement cycles make it impossible to 10,010
comply with a withholding requirement contained in a withholding 10,011
notice issued under division (D)(1) of section 3113.21 of the 10,012
Revised Code shall be liable for the amount not withheld if the 10,013
employer, as soon as possible after the employer's receipt of the 10,014
withholding notice, provides the court or child support 10,015
enforcement agency that issued the notice with written notice of 10,016
the impossibility and the reasons for the impossibility. An 10,017
employer who is liable under this provision for an amount that 10,018
was not withheld shall be ordered by the court to pay that amount 10,019
to the clerk of the court or the DIVISION OF child support 10,020
enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES, to be 10,021
disbursed in accordance with the support order for the benefit of 10,023
the child or spouse.
(C) The court may fine an employer A PAYOR not more than 10,025
two hundred dollars for failure to withhold personal earnings 10,026
INCOME or to notify the court or child support enforcement agency 10,028
that an obligor has terminated employment, has been laid off, has 10,029
taken a leave of absence without pay, has entered into another A 10,030
situation in which HAS OCCURRED CAUSING the employer has ceased 10,031
PAYOR to pay personal earnings CEASE PAYING INCOME in an amount 10,033
sufficient to comply with the order to the obligor, or, IN CASES 10,034
IN WHICH THE OBLIGOR IS AN EMPLOYER, THE OBLIGOR is receiving or 10,035
is eligible to receive a benefit of employment other than 10,036
personal earnings, as required by a withholding notice issued 10,037
under division (D)(1) of section 3113.21 of the Revised Code. 10,038
The court may fine an employer that is paying an obligor's
workers' compensation benefits not more than two hundred dollars 10,039
for failure to withhold an obligor's workers' compensation 10,040
benefits or to notify the court or child support enforcement 10,041
agency of any termination in the payment of the obligor's 10,042
workers' compensation benefits, as required by a withholding 10,043
242
notice issued under division (D)(2) of section 3113.21 of the 10,044
Revised Code. The court may fine a person who is paying or 10,045
otherwise distributing the income of an obligor not more than two 10,046
hundred dollars for failure to withhold or deduct an amount from 10,047
the income of the obligor or to notify the court or child support 10,048
enforcement agency of the termination of that income, as required 10,049
by a withholding or deduction notice issued under division (D)(4) 10,050
of section 3113.21 of the Revised Code. The court may fine a 10,051
financial institution not more than two hundred dollars for 10,052
failure to deduct funds from an account or to notify the court or 10,053
child support enforcement agency of the termination of an account 10,054
from which funds are being deducted or the opening of a new 10,055
account, as required by a deduction notice issued under division 10,056
(D)(5)(2) of section 3113.21 of the Revised Code. 10,057
(D) No PAYOR THAT IS AN employer may use a requirement to 10,059
withhold personal earnings contained in a withholding notice 10,061
issued under division (D)(1) of section 3113.21 of the Revised 10,062
Code, as a basis for a discharge of, or for any disciplinary 10,063
action against, an employee, or as a basis for a refusal to 10,064
employ a person. The court may fine an employer who so 10,065
discharges or takes disciplinary action against an employee, or 10,066
refuses to employ a person, not more than five hundred dollars. 10,067
Sec. 3113.214. (A) Every court and child support 10,076
enforcement agency shall give full faith and credit to any order 10,077
of a court or authorized administrative agency of another state 10,078
that requires the payment of any form of support, including any 10,079
order of a type that may be issued pursuant to Chapter 3115. or 10,080
section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 10,081
3109.05, 3109.19, 3111.13, 3111.20, 3111.21, 3111.22, 3113.04, 10,083
3113.07, 3113.21, or 3113.31 of the Revised Code or pursuant to 10,085
any similar provision of law.
(B)(1) Upon receiving a request for interstate income 10,087
withholding from a A Title IV-D agency of another state that is 10,088
based upon MAY SEND A REQUEST FOR INTERSTATE INCOME WITHHOLDING 10,089
243
TO THE DEPARTMENT OF HUMAN SERVICES. THE REQUEST SHALL CONTAIN 10,090
an order of a court or authorized administrative agency of the 10,092
other state that requires the payment of any form of support and 10,093
is the type of order described in division (A) of this section 10,094
and upon. THE REQUEST SHALL ALSO CONTAIN INFORMATION THAT 10,095
PERMITS THE DEPARTMENT TO MAKE INFORMATION COMPARISONS WITH THE 10,096
INFORMATION THE DEPARTMENT MAINTAINS PURSUANT TO SECTIONS 10,097
5101.312, 5101.314, AND 5101.319 OF THE REVISED CODE AND ANY 10,100
OTHER SUPPORTING DOCUMENTS REQUIRED BY FEDERAL CHILD SUPPORT LAW 10,101
AND REGULATIONS. THE REQUEST CONSTITUTES A CERTIFICATION BY THE 10,102
REQUESTING STATE OF THE AMOUNTS OF ARREARAGES DUE UNDER THE ORDER 10,103
AND THAT THE REQUESTING STATE HAS COMPLIED WITH PROCEDURAL DUE 10,104
PROCESS REQUIREMENTS WITH RESPECT TO THE ENFORCEMENT OF THE 10,105
ORDER. NO LATER THAN FIVE DAYS AFTER receiving the support order 10,107
and other supporting documents relative to the request, the state 10,109
department of human services shall examine the REQUEST, order, 10,111
INFORMATION, and the supporting documents in accordance with 10,112
federal child support regulations. If the department determines, 10,113
upon completion of the examination, that the REQUEST, order, 10,114
INFORMATION, and documents are in compliance with those federal 10,116
regulations, the department shall COMPARE THE INFORMATION 10,117
PROVIDED IN THE REQUEST WITH THE INFORMATION MAINTAINED BY THE
DEPARTMENT PURSUANT TO SECTIONS 5101.312, 5101.314, AND 5101.319 10,118
OF THE REVISED CODE. AFTER MAKING THE COMPARISON, THE DEPARTMENT 10,119
SHALL prepare findings to that THE effect THAT THE REQUEST, 10,120
ORDER, INFORMATION, AND DOCUMENTS ARE IN COMPLIANCE WITH THOSE 10,121
FEDERAL REGULATIONS and shall transmit a copy of the findings and 10,123
a copy of the REQUEST, order, INFORMATION, and documents to the 10,124
child support enforcement agency in the appropriate county, as 10,125
determined in accordance with THE RESULTS OF THE INFORMATION 10,126
COMPARISONS MADE PURSUANT TO THIS DIVISION AND THE rules adopted 10,127
under division (C) of this section.
A child support enforcement agency that receives a copy of 10,129
the findings of the department and a copy of the related support 10,130
244
order and supporting documents pursuant to this division shall 10,131
treat the order in the same manner as it would treat any support 10,132
order issued by a court of this state. The agency shall proceed 10,133
in accordance with division (B)(1)(b) of section 3113.21 of the 10,134
Revised Code to conduct an investigation relative to the support 10,135
order issued by a court or authorized administrative agency of 10,136
another state and to issue a recommendation to the appropriate 10,137
court in this state, as determined in accordance with rules 10,138
adopted under division (C) of this section, that the court issue 10,139
a separate order containing a general requirement of the type 10,140
described in division (B)(2) of this section and a recommendation 10,141
of one or more types of withholding or deduction requirements 10,142
described in division (D) of section 3113.21 of the Revised Code 10,143
that should be imposed to provide for the payment of support by 10,144
the obligor under the support order that was issued by a court or 10,145
authorized administrative agency of another state. 10,146
(2) When the child support enforcement agency issues its 10,148
recommendations to the court, it shall file with the court its 10,149
findings and its recommendations and shall file with the court at 10,150
the same time a certified copy of the support order of the court 10,151
or authorized administrative agency of the other state that 10,152
requires the payment of the support and an advance notice of the 10,153
type described in divisions (B)(1) and (2) of section 3113.21 of 10,154
the Revised Code. Upon receipt of the agencies recommendations, 10,155
the court shall issue an order, separate and apart from the 10,156
support order of the court or authorized administrative agency of 10,157
the other state, requiring the withholding or deduction of wages 10,158
INCOME or assets of the obligor in accordance with division (D) 10,160
of section 3113.21 of the Revised Code or requiring the issuance 10,161
of another type of appropriate order in accordance with division 10,162
(D)(6)(3), (D)(7)(4), or (H) of that section to ensure that 10,164
withholding or deduction from the wages INCOME or assets is 10,165
available from the commencement of the support order of the court 10,167
or authorized administrative agency of the other state for the 10,168
245
collection of the support and any arrearages that occur. The 10,169
court or agency shall determine the specific withholding or 10,170
deduction requirements or other appropriate requirements 10,171
applicable to the obligor under the support order in accordance 10,172
with divisions (D) and (H) of section 3113.21 of the Revised Code 10,173
and section 2301.371 of the Revised Code and shall include the 10,174
specific requirements in the notices described in division (A)(2) 10,175
of section 3113.21 of the Revised Code or in the court orders 10,176
described in divisions (A)(2), (D)(6)(3) or (7)(4), and (H) of 10,178
that section. Any person required to comply with the withholding 10,179
or deduction requirements shall determine the manner of 10,180
withholding or deducting an amount of the wages INCOME or assets 10,181
of the obligor in accordance with the specific requirements 10,183
included in the notices described in those divisions without the 10,184
need for any amendment to the support order, and any person 10,185
required to comply with a court order described in division 10,186
(D)(6)(3), (D)(7)(4), or (H) of section 3113.21 of the Revised 10,188
Code shall comply with the court order without the need for any 10,189
amendment to the support order. The notices issued under this 10,190
division, and the notices provided by the court or child support 10,191
enforcement agency that require the obligor to notify the agency 10,192
of any change in the obligor's employment status or of any other 10,193
change in the status of the obligor's assets, are final and are 10,194
enforceable by the court. If the obligor fails to request a 10,195
hearing pursuant to divisions (B)(2)(d) and (3) of section 10,196
3113.21 of the Revised Code to determine whether, because of a 10,197
mistake of fact, it is not proper to include an amount to pay 10,198
arrearages in the withholding or deduction notice recommended by 10,199
the agency pursuant to division (B)(1) of this section, the court 10,200
or the child support enforcement agency, as determined by 10,201
agreement of the court and the agency, shall issue one or more 10,202
notices containing one or more of the withholding or deduction 10,203
requirements described in division (D) of section 3113.21 of the 10,204
Revised Code or one or more court orders containing other 10,205
246
appropriate requirements described in division (D)(6)(3) or 10,207
(7)(4) or (H) of that section, for the payment of support and 10,208
arrearages by the obligor under the support order. If the 10,209
obligor fails to timely request a hearing pursuant to divisions 10,210
(B)(2)(d) and (3) of section 3113.21 of the Revised Code to 10,211
determine whether, because of a mistake of fact, it is not proper 10,212
to include an amount to pay arrearages in the withholding or 10,213
deduction notices issued under this division, the notices or 10,214
court orders shall include an amount for arrearages. If the 10,215
obligor timely requests a hearing pursuant to those divisions to 10,216
determine whether, because of a mistake of fact, it is not proper 10,217
to include an amount to pay arrearages in the withholding or 10,218
deduction notices or court orders issued under this division, the 10,219
court shall conduct the hearing and shall include in the notices 10,220
and court orders an amount for arrearages as it determines 10,221
appropriate at the hearing. The court shall issue and enforce 10,222
the notices and court orders described in this division in 10,223
accordance with section 3113.21 of the Revised Code as if the 10,224
support order to which they pertain had been issued in this state 10,225
on or after the effective date of this amendment. 10,226
(3) The order that a court is required to issue under 10,228
division (B)(2) of this section, separate and apart from the 10,229
support order of the court or authorized administrative agency of 10,230
the other state, specifically shall include the following 10,231
statement: 10,232
"All child support and spousal support that is ordered by 10,234
the support order of a state other than Ohio and to which this 10,235
order pertains shall be withheld or deducted from the wages 10,236
INCOME or assets of the obligor pursuant to a withholding or 10,239
deduction notice or appropriate court order issued in accordance 10,240
with section 3113.21 of the Revised Code and shall be forwarded 10,241
to the obligee in accordance with sections 3113.21 to 3113.214 of 10,243
the Revised Code."
(4) IF THE DEPARTMENT PROVIDES ASSISTANCE PURSUANT TO THIS 10,246
247
SECTION TO ANOTHER STATE, THE SUPPORT ORDER SHALL NOT BE AND THE 10,247
DEPARTMENT SHALL NOT CONSIDER IT TO BE TRANSFERRED TO THE 10,248
DEPARTMENT TO BE ADMINISTERED. THE DEPARTMENT SHALL MAINTAIN 10,249
RECORDS OF THE NUMBER OF REQUESTS MADE PURSUANT TO THIS SECTION, 10,250
THE NUMBER OF SUPPORT ORDERS FOR WHICH THE DEPARTMENT COLLECTED 10,251
SUPPORT PURSUANT TO A REQUEST, AND THE AMOUNT OF THE SUPPORT 10,252
COLLECTED.
(C) The state department of human services shall adopt 10,254
rules in accordance with Chapter 119. of the Revised Code to aid 10,255
in the implementation of this section. 10,256
(D) As used in this section: 10,258
(1) "Authorized administrative agency of another state" 10,260
means an administrative agency of the state in question that is 10,261
authorized by the law of that state to issue an order requiring 10,262
the payment of any form of support, including any order of a type 10,263
that may be issued pursuant to Chapter 3115. or section 2151.23, 10,264
2151.33, 2151.36, 2151.49, 3105.08, 3105.21, 3109.05, 3109.19, 10,266
3111.13, 3111.20, 3111.21, 3111.22, 3113.04, 3113.07, 3113.21, 10,268
3113.216, or 3113.31 of the Revised Code or pursuant to any 10,269
similar provision of law.
(2) "Title IV-D agency of another state" means the state 10,271
department, agency, or other governmental entity of the state in 10,272
question that administers the state's program of child support 10,273
enforcement that meets the requirements of Title IV-D of the 10,274
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as 10,275
amended. 10,276
Sec. 3113.215. (A) As used in this section: 10,286
(1) "Income" means either of the following: 10,288
(a) For a parent who is employed to full capacity, the 10,290
gross income of the parent; 10,291
(b) For a parent who is unemployed or underemployed, the 10,293
sum of the gross income of the parent, and any potential income 10,294
of the parent. 10,295
(2) "Gross income" means, except as excluded in this 10,297
248
division, the total of all earned and unearned income from all 10,298
sources during a calendar year, whether or not the income is 10,299
taxable, and includes, but is not limited to, income from 10,300
salaries, wages, overtime pay and bonuses to the extent described 10,301
in division (B)(5)(d) of this section, commissions, royalties, 10,302
tips, rents, dividends, severance pay, pensions, interest, trust 10,303
income, annuities, social security benefits, workers' 10,304
compensation benefits, unemployment insurance benefits, 10,305
disability insurance benefits, benefits received by and in the 10,306
possession of the veteran who is the beneficiary for any 10,307
service-connected disability under a program or law administered 10,308
by the United States department of veterans' affairs or veterans' 10,309
administration, spousal support actually received from a person 10,310
not a party to the support proceeding for which actual gross 10,311
income is being determined, and all other sources of income; 10,312
income of members of any branch of the United States armed 10,313
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 10,314
basic allowance for subsistence, supplemental subsistence 10,315
allowance, cost of living adjustment, specialty pay, variable 10,316
housing allowance, and pay for training or other types of 10,317
required drills; self-generated income; and potential cash flow 10,318
from any source. 10,319
"Gross income" does not include any benefits received from 10,321
means-tested public assistance programs, including, but not 10,322
limited to, aid to families with dependent children, supplemental 10,323
security income, food stamps, or disability assistance, does not 10,325
include any benefits for any service-connected disability under a 10,326
program or law administered by the United States department of 10,327
veterans' affairs or veterans' administration that have not been 10,328
distributed to the veteran who is the beneficiary of the benefits 10,329
and that are in the possession of the United States department of 10,330
veterans' affairs or veterans' administration, does not include 10,331
any child support received for children who were not born or 10,332
249
adopted during the marriage at issue, does not include amounts 10,333
paid for mandatory deductions from wages other than taxes, social 10,334
security, or retirement in lieu of social security, including, 10,335
but not limited to, union dues, and does not include nonrecurring 10,336
or unsustainable income or cash flow items. 10,337
(3) "Self-generated income" means gross receipts received 10,339
by a parent from self-employment, proprietorship of a business, 10,340
joint ownership of a partnership or closely held corporation, and 10,341
rents minus ordinary and necessary expenses incurred by the 10,342
parent in generating the gross receipts. "Self-generated income" 10,343
includes expense reimbursements or in-kind payments received by a 10,344
parent from self-employment, the operation of a business, or 10,345
rents, including, but not limited to, company cars, free housing, 10,346
reimbursed meals, and other benefits, if the reimbursements are 10,347
significant and reduce personal living expenses. 10,348
(4)(a) "Ordinary and necessary expenses incurred in 10,350
generating gross receipts" means actual cash items expended by 10,351
the parent or the parent's business and includes depreciation 10,353
expenses of replacement business equipment as shown on the books 10,354
of a business entity. 10,355
(b) Except as specifically included in "ordinary and 10,357
necessary expenses incurred in generating gross receipts" by 10,358
division (A)(4)(a) of this section, "ordinary and necessary 10,359
expenses incurred in generating gross receipts" does not include 10,360
depreciation expenses and other noncash items that are allowed as 10,361
deductions on any federal tax return of the parent or the 10,362
parent's business. 10,363
(5) "Potential income" means both of the following for a 10,365
parent that the court, or a child support enforcement agency 10,366
pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised 10,368
Code, determines is voluntarily unemployed or voluntarily
underemployed: 10,369
(a) Imputed income that the court or agency determines the 10,371
parent would have earned if fully employed as determined from the 10,372
250
parent's employment potential and probable earnings based on the 10,373
parent's recent work history, the parent's occupational 10,374
qualifications, and the prevailing job opportunities and salary 10,375
levels in the community in which the parent resides; 10,376
(b) Imputed income from any nonincome-producing assets of 10,378
a parent, as determined from the local passbook savings rate or 10,379
another appropriate rate as determined by the court or agency, 10,380
not to exceed the rate of interest specified in division (A) of 10,381
section 1343.03 of the Revised Code, if the income is 10,382
significant. 10,383
(6) "Child support order" means an order for the payment 10,385
of child support. 10,386
(7) "Combined gross income" means the combined gross 10,388
income of both parents. 10,389
(8) "Split parental rights and responsibilities" means a 10,391
situation in which there is more than one child who is the 10,392
subject of an allocation of parental rights and responsibilities 10,393
and each parent is the residential parent and legal custodian of 10,394
at least one of those children. 10,395
(9) "Schedule" means the basic child support schedule set 10,397
forth in division (D) of this section. 10,398
(10) "Worksheet" means the applicable worksheet that is 10,400
used to calculate a parent's child support obligation and that is 10,401
set forth in divisions (E) and (F) of this section. 10,402
(11) "Nonrecurring or unsustainable income or cash flow 10,404
item" means any income or cash flow item that the parent receives 10,405
in any year or for any number of years not to exceed three years 10,406
and that the parent does not expect to continue to receive on a 10,407
regular basis. "Nonrecurring or unsustainable income or cash 10,408
flow item" does not include a lottery prize award that is not 10,409
paid in a lump sum or any other item of income or cash flow that 10,410
the parent receives or expects to receive for each year for a 10,411
period of more than three years or that the parent receives and 10,412
invests or otherwise utilizes to produce income or cash flow for 10,413
251
a period of more than three years. 10,414
(12) "Extraordinary medical expenses" means any uninsured 10,416
medical expenses that are incurred for a child during a calendar 10,417
year and that exceed one hundred dollars for that child during 10,418
that calendar year. 10,419
(B)(1) In any action in which a child support order is 10,421
issued or modified under Chapter 3115. or section 2151.23, 10,422
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 10,423
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 10,424
Code, in any other proceeding in which the court determines the 10,425
amount of child support that will be ordered to be paid pursuant 10,426
to a child support order, or when a child support enforcement 10,427
agency determines the amount of child support that will be paid 10,428
pursuant to an administrative child support order issued pursuant 10,429
to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, 10,430
the court or agency shall calculate the amount of the obligor's 10,431
child support obligation in accordance with the basic child 10,432
support schedule in division (D) of this section, the applicable 10,433
worksheet in division (E) or (F) of this section, and the other 10,434
provisions of this section, shall specify the support obligation 10,435
as a monthly amount due, and shall order the support obligation 10,436
to be paid in periodic increments as it determines to be in the 10,437
best interest of the children. In performing its duties under 10,438
this section, the court or agency is not required to accept any 10,439
calculations in a worksheet prepared by any party to the action 10,440
or proceeding. In any action or proceeding in which the court 10,441
determines the amount of child support that will be ordered to be 10,442
paid pursuant to a child support order or when a child support 10,443
enforcement agency determines the amount of child support that 10,444
will be paid pursuant to an administrative child support order 10,445
issued pursuant to sections 3111.20, 3111.21, and 3111.22 of the 10,446
Revised Code, the amount of child support that would be payable 10,447
under a child support order, as calculated pursuant to the basic 10,448
child support schedule in division (D) of this section and 10,449
252
pursuant to the applicable worksheet in division (E) of this 10,450
section, through line 24, or in division (F) of this section, 10,451
through line 23, is rebuttably presumed to be the correct amount 10,452
of child support due, and the court or agency shall order that 10,453
amount to be paid as child support unless both of the following 10,454
apply with respect to an order issued by a court: 10,455
(a) The court, after considering the factors and criteria 10,457
set forth in division (B)(3) of this section, determines that the 10,458
amount calculated pursuant to the basic child support schedule 10,459
and pursuant to the applicable worksheet in division (E) of this 10,460
section, through line 24, or in division (F) of this section, 10,461
through line 23, would be unjust or inappropriate and would not 10,462
be in the best interest of the child. 10,463
(b) The court enters in the journal the amount of child 10,465
support calculated pursuant to the basic child support schedule 10,466
and pursuant to the applicable worksheet in division (E) of this 10,467
section, through line 24, or in division (F) of this section, 10,468
through line 23, its determination that that amount would be 10,469
unjust or inappropriate and would not be in the best interest of 10,470
the child, and findings of fact supporting that determination. 10,471
(2) In determining the amount of child support to be paid 10,473
under any child support order, the court, upon its own 10,474
recommendation or upon the recommendation of the child support 10,475
enforcement agency, shall or the child support enforcement 10,476
agency, pursuant to sections 3111.20, 3111.21, and 3111.22 of the 10,478
Revised Code, shall do all of the following: 10,479
(a) If the combined gross income of both parents is less 10,481
than six thousand six hundred dollars per year, the court or 10,482
agency shall determine the amount of the obligor's child support 10,483
obligation on a case-by-case basis using the schedule as a 10,484
guideline. The court or agency shall review the obligor's gross 10,485
income and living expenses to determine the maximum amount of 10,486
child support that it reasonably can order without denying the 10,487
obligor the means for self-support at a minimum subsistence level 10,488
253
and shall order a specific amount of child support, unless the 10,489
obligor proves to the court or agency that the obligor is totally 10,490
unable to pay child support and the court or agency determines 10,491
that it would be unjust or inappropriate to order the payment of 10,492
child support and enters its determination and supporting 10,493
findings of fact in the journal. 10,494
(b) If the combined gross income of both parents is 10,496
greater than one hundred fifty thousand dollars per year, the 10,497
court or agency shall determine the amount of the obligor's child 10,498
support obligation on a case-by-case basis and shall consider the 10,499
needs and the standard of living of the children who are the 10,500
subject of the child support order and of the parents. When the 10,501
court or agency determines the amount of the obligor's child 10,502
support obligation for parents with a combined gross income 10,503
greater than one hundred fifty thousand dollars, the court or 10,504
agency shall compute a basic combined child support obligation 10,505
that is no less than the same percentage of the parents' combined 10,506
annual income that would have been computed under the basic child 10,507
support schedule and under the applicable worksheet in division 10,508
(E) of this section, through line 24, or in division (F) of this 10,509
section, through line 23, for a combined gross income of one 10,510
hundred fifty thousand dollars, unless the court or agency 10,511
determines that it would be unjust or inappropriate and would not 10,512
be in the best interest of the child, obligor, or obligee to 10,513
order that amount and enters in the journal the figure, 10,514
determination, and findings. 10,515
(c) The court shall not order an amount of child support 10,517
that deviates from the amount of child support that would 10,518
otherwise result from the use of the basic child support schedule 10,519
and the applicable worksheet in division (E) of this section, 10,520
through line 24, or in division (F) of this section, through line 10,521
23, unless both of the following apply: 10,522
(i) The court, after considering the factors and criteria 10,524
set forth in division (B)(3) of this section, determines that the 10,525
254
amount calculated pursuant to the basic child support schedule 10,526
and pursuant to the applicable worksheet in division (E) of this 10,527
section, through line 24, or in division (F) of this section, 10,528
through line 23, would be unjust or inappropriate and would not 10,529
be in the best interest of the child; 10,530
(ii) The court enters in the journal the amount of child 10,532
support calculated pursuant to the basic child support schedule 10,533
and pursuant to the applicable worksheet in division (E) of this 10,534
section, through line 24, or in division (F) of this section, 10,535
through line 23, its determination that that amount would be 10,536
unjust or inappropriate and would not be in the best interest of 10,537
the child, and findings of fact supporting that determination. 10,538
(3) The court, in accordance with divisions (B)(1) and 10,540
(2)(c) of this section, may deviate from the amount of support 10,541
that otherwise would result from the use of the schedule and the 10,542
applicable worksheet in division (E) of this section, through 10,543
line 24, or in division (F) of this section, through line 23, in 10,544
cases in which the application of the schedule and the applicable 10,545
worksheet in division (E) of this section, through line 24, or in 10,546
division (F) of this section, through line 23, would be unjust or 10,547
inappropriate and would not be in the best interest of the child. 10,548
In determining whether that amount would be unjust or 10,549
inappropriate and would not be in the best interest of the child, 10,550
the court may consider any of the following factors and criteria: 10,551
(a) Special and unusual needs of the children; 10,553
(b) Extraordinary obligations for minor children or 10,555
obligations for handicapped children who are not stepchildren and 10,556
who are not offspring from the marriage or relationship that is 10,557
the basis of the immediate child support determination; 10,558
(c) Other court-ordered payments; 10,560
(d) Extended times of visitation or extraordinary costs 10,562
associated with visitation, provided that this division does not 10,563
authorize and shall not be construed as authorizing any deviation 10,564
from the schedule and the applicable worksheet in division (E) of 10,565
255
this section, through line 24, or in division (F) of this 10,566
section, through line 23, or any escrowing, impoundment, or 10,567
withholding of child support because of a denial of or 10,568
interference with a right of companionship or visitation granted 10,569
by court order; 10,570
(e) The obligor obtains additional employment after a 10,572
child support order is issued in order to support a second 10,573
family; 10,574
(f) The financial resources and the earning ability of the 10,576
child; 10,577
(g) Disparity in income between parties or households; 10,579
(h) Benefits that either parent receives from remarriage 10,581
or sharing living expenses with another person; 10,582
(i) The amount of federal, state, and local taxes actually 10,584
paid or estimated to be paid by a parent or both of the parents; 10,585
(j) Significant in-kind contributions from a parent, 10,587
including, but not limited to, direct payment for lessons, sports 10,588
equipment, schooling, or clothing; 10,589
(k) The relative financial resources, other assets and 10,591
resources, and needs of each parent; 10,592
(l) The standard of living and circumstances of each 10,594
parent and the standard of living the child would have enjoyed 10,595
had the marriage continued or had the parents been married; 10,596
(m) The physical and emotional condition and needs of the 10,598
child; 10,599
(n) The need and capacity of the child for an education 10,601
and the educational opportunities that would have been available 10,602
to the child had the circumstances requiring a court order for 10,603
support not arisen; 10,604
(o) The responsibility of each parent for the support of 10,606
others; 10,607
(p) Any other relevant factor. 10,609
The court may accept an agreement of the parents that 10,611
assigns a monetary value to any of the factors and criteria 10,612
256
listed in division (B)(3) of this section that are applicable to 10,613
their situation. 10,614
(4) If an obligor or obligee under a child support order 10,616
requests the court to modify the amount of support required to be 10,617
paid pursuant to the child support order, the court shall 10,618
recalculate the amount of support that would be required to be 10,619
paid under the support order in accordance with the schedule and 10,620
pursuant to the applicable worksheet in division (E) of this 10,621
section, through line 24, or in division (F) of this section, 10,622
through line 23, and if that amount as recalculated is more than 10,623
ten per cent greater than or more than ten per cent less than the 10,624
amount of child support that is required to be paid pursuant to 10,625
the existing child support order, the deviation from the 10,626
recalculated amount that would be required to be paid under the 10,627
schedule and the applicable worksheet in division (E) of this 10,628
section, through line 24, or in division (F) of this section, 10,629
through line 23, shall be considered by the court as a change of 10,630
circumstance that is substantial enough to require a modification 10,631
of the amount of the child support order. In determining 10,632
pursuant to this division the recalculated amount of support that 10,633
would be required to be paid under the support order for purposes 10,634
of determining whether that recalculated amount is more than ten 10,635
per cent greater than or more than ten per cent less than the 10,636
amount of child support that is required to be paid pursuant to 10,637
the existing child support order, the court shall consider, in 10,638
addition to all other factors required by law to be considered, 10,639
the cost of health insurance which the obligor, the obligee, or 10,640
both the obligor and the obligee have been ordered to obtain for 10,641
the children specified in the order. Additionally, if an obligor 10,642
or obligee under a child support order requests the court to 10,643
modify the amount of support required to be paid pursuant to the 10,644
child support order and if the court determines that the amount 10,645
of support does not adequately meet the medical needs of the 10,646
child, the inadequate coverage shall be considered by the court 10,647
257
as a change of circumstance that is substantial enough to require 10,648
a modification of the amount of the child support order. If the 10,649
court determines that the amount of child support required to be 10,650
paid under the child support order should be changed due to a 10,651
substantial change of circumstances that was not contemplated at 10,652
the time of the issuance of the original child support order or 10,653
the last modification of the child support order, the court shall 10,654
modify the amount of child support required to be paid under the 10,655
child support order to comply with the schedule and the 10,656
applicable worksheet in division (E) of this section, through 10,657
line 24, or in division (F) of this section, through line 23, 10,658
unless the court determines that the amount calculated pursuant 10,659
to the basic child support schedule and pursuant to the 10,660
applicable worksheet in division (E) of this section, through 10,661
line 24, or in division (F) of this section, through line 23, 10,662
would be unjust or inappropriate and would not be in the best 10,663
interest of the child and enters in the journal the figure, 10,664
determination, and findings specified in division (B)(2)(c) of 10,665
this section. 10,666
(5) When a court computes the amount of child support 10,668
required to be paid under a child support order or a child 10,669
support enforcement agency computes the amount of child support 10,670
to be paid pursuant to an administrative child support order 10,671
issued pursuant to section 3111.20, 3111.21, or 3111.22 of the 10,672
Revised Code, all of the following apply: 10,674
(a) The parents shall verify current and past income and 10,676
personal earnings with suitable documents, including, but not 10,677
limited to, paystubs, employer statements, receipts and expense 10,678
vouchers related to self-generated income, tax returns, and all 10,679
supporting documentation and schedules for the tax returns. 10,680
(b) The amount of any pre-existing child support 10,682
obligation of a parent under a child support order and the amount 10,683
of any court-ordered spousal support paid to a former spouse 10,684
shall be deducted from the gross income of that parent to the 10,685
258
extent that payment under the child support order or that payment 10,686
of the court-ordered spousal support is verified by supporting 10,687
documentation. 10,688
(c) If other minor children who were born to the parent 10,691
and a person other than the other parent who is involved in the 10,693
immediate child support determination live with the parent, the 10,694
court or agency shall deduct an amount from that parent's gross 10,695
income that equals the number of such minor children times the 10,696
federal income tax exemption for such children less child support 10,697
received for them for the year, not exceeding the federal income 10,698
tax exemption. 10,699
(d) When the court or agency calculates the gross income 10,701
of a parent, it shall include the lesser of the following as 10,702
income from overtime and bonuses: 10,703
(i) The yearly average of all overtime and bonuses 10,705
received during the three years immediately prior to the time 10,706
when the person's child support obligation is being computed; 10,707
(ii) The total overtime and bonuses received during the 10,709
year immediately prior to the time when the person's child 10,710
support obligation is being computed. 10,711
(e) When the court or agency calculates the gross income 10,713
of a parent, it shall not include any income earned by the spouse 10,714
of that parent. 10,715
(f) The court shall not order an amount of child support 10,718
for reasonable and ordinary uninsured medical or dental expenses 10,719
in addition to the amount of the child support obligation 10,720
determined in accordance with the schedule. The court shall 10,721
issue a separate order for extraordinary medical or dental 10,722
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 10,723
and may consider the expenses in adjusting a child support order. 10,724
(g) When a court or agency calculates the amount of child 10,726
support to be paid pursuant to a child support order or an 10,727
administrative child support order, if the combined gross income 10,728
259
of both parents is an amount that is between two amounts set 10,729
forth in the first column of the schedule, the court or agency 10,730
may use the basic child support obligation that corresponds to 10,731
the higher of the two amounts in the first column of the 10,732
schedule, use the basic child support obligation that corresponds 10,733
to the lower of the two amounts in the first column of the 10,734
schedule, or calculate a basic child support obligation that is 10,735
between those two amounts and corresponds proportionally to the 10,736
parents' actual combined gross income. 10,737
(h) When the court or agency calculates gross income, the 10,739
court or agency, when appropriate, may average income over a 10,740
reasonable period of years. 10,741
(6)(a) If the court issues a shared parenting order in 10,743
accordance with section 3109.04 of the Revised Code, the court 10,744
shall order an amount of child support to be paid under the child 10,745
support order that is calculated in accordance with the schedule 10,746
and with the worksheet set forth in division (E) of this section, 10,747
through line 24, except that, if the application of the schedule 10,748
and the worksheet, through line 24, would be unjust or 10,749
inappropriate to the children or either parent and would not be 10,750
in the best interest of the child because of the extraordinary 10,751
circumstances of the parents or because of any other factors or 10,752
criteria set forth in division (B)(3) of this section, the court 10,753
may deviate from the amount of child support that would be 10,754
ordered in accordance with the schedule and worksheet, through 10,755
line 24, shall consider those extraordinary circumstances and 10,756
other factors or criteria if it deviates from that amount, and 10,757
shall enter in the journal the amount of child support calculated 10,758
pursuant to the basic child support schedule and pursuant to the 10,759
applicable worksheet, through line 24, its determination that 10,760
that amount would be unjust or inappropriate and would not be in 10,761
the best interest of the child, and findings of fact supporting 10,762
that determination. 10,763
(b) For the purposes of this division, "extraordinary 10,765
260
circumstances of the parents" includes, but is not limited to, 10,766
all of the following: 10,767
(i) The amount of time that the children spend with each 10,769
parent; 10,770
(ii) The ability of each parent to maintain adequate 10,772
housing for the children; 10,773
(iii) Each parent's expenses, including, but not limited 10,775
to, child care expenses, school tuition, medical expenses, and 10,776
dental expenses. 10,777
(7)(a) In any action in which a child support order is 10,779
issued or modified under Chapter 3115. or section 2151.23, 10,780
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 10,781
3111.13, 3113.04, or 3113.31 of the Revised Code or in any other 10,783
proceeding in which the court determines the amount of child 10,784
support that will be ordered to be paid pursuant to a child 10,785
support order and except as otherwise provided in this division, 10,786
the court shall issue a minimum support order requiring the 10,787
obligor to pay a minimum amount of fifty dollars a month for 10,788
child support under the child support order. The court, in its 10,789
discretion and in appropriate circumstances, may issue a minimum 10,790
support order requiring the obligor to pay an amount of child 10,791
support that is less than fifty dollars a month or not requiring 10,792
the obligor to pay an amount for support. The appropriate 10,793
circumstances for which a court may issue a minimum support order 10,794
requiring an obligor to pay an amount of child support that is 10,795
less than fifty dollars a month or not requiring the obligor to 10,796
pay an amount for support include, but are not limited to, the 10,797
nonresidential parent's medically verified or documented physical 10,798
or mental disability or institutionalization in a facility for 10,799
persons with a mental illness. If the court issues a minimum 10,800
support order pursuant to this division and the obligor under the 10,801
support order is the recipient of need-based public assistance, 10,802
any unpaid amounts of support due under the support order shall 10,803
accrue as arrearages from month to month, the obligor's current 10,804
261
obligation to pay the support due under the support order is 10,805
suspended during any period of time that the obligor is receiving 10,806
need-based public assistance and is complying with any seek work 10,807
orders issued pursuant to division (D)(7)(4) of section 3113.21 10,808
of the Revised Code, and the court, obligee, and child support 10,810
enforcement agency shall not enforce the obligation of the 10,811
obligor to pay the amount of support due under the support order 10,812
during any period of time that the obligor is receiving 10,813
need-based public assistance and is complying with any seek work 10,814
orders issued pursuant to division (D)(7)(4) of section 3113.21 10,815
of the Revised Code. 10,817
(b) Notwithstanding division (B)(7)(a) of this section, if 10,819
the amount of support payments that federal law requires or 10,820
permits to be disregarded in determining eligibility for aid 10,821
under Chapter 5107. of the Revised Code exceeds fifty dollars, 10,822
instead of fifty dollars the amount of a minimum support order 10,823
described in division (B)(7)(a) of this section shall be the 10,824
amount federal law requires or permits to be disregarded. 10,825
(C) Except when the parents have split parental rights and 10,827
responsibilities, a parent's child support obligation for a child 10,828
for whom the parent is the residential parent and legal custodian 10,829
shall be presumed to be spent on that child and shall not become 10,830
part of a child support order, and a parent's child support 10,831
obligation for a child for whom the parent is not the residential 10,832
parent and legal custodian shall become part of a child support 10,833
order. If the parents have split parental rights and 10,834
responsibilities, the child support obligations of the parents 10,835
shall be offset, and the court shall issue a child support order 10,836
requiring the parent with the larger child support obligation to 10,837
pay the net amount pursuant to the child support order. If 10,838
neither parent of a child who is the subject of a child support 10,839
order is the residential parent and legal custodian of the child 10,840
and the child resides with a third party who is the legal 10,841
custodian of the child, the court shall issue a child support 10,842
262
order requiring each parent to pay that parent's child support 10,844
obligation pursuant to the child support order. 10,845
Whenever a court issues a child support order, it shall 10,847
include in the order specific provisions for regular, holiday, 10,848
vacation, and special visitation in accordance with section 10,849
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 10,850
with any other applicable section of the Revised Code. The court 10,851
shall not authorize or permit the escrowing, impoundment, or 10,852
withholding of any child support payment because of a denial of 10,853
or interference with a right of visitation included as a specific 10,854
provision of the child support order or as a method of enforcing 10,855
the specific provisions of the child support order dealing with 10,856
visitation. 10,857
(D)(1) Except as provided in divisions (D)(2) and (3) of 10,859
this section, the THE following basic child support schedule 10,860
shall be used by all courts and child support enforcement 10,862
agencies when calculating the amount of child support that will 10,863
be paid pursuant to a child support order or an administrative 10,864
child support order, unless the combined gross income of the 10,865
parents is less than sixty-six hundred dollars or more than one 10,866
hundred fifty thousand dollars: 10,867
Basic Child Support Schedule 10,868
Combined 10,870
Gross Number of Children 10,872
INCOME One Two Three Four Five Six 10,875
6600 600 600 600 600 600 600 10,876
7200 600 600 600 600 600 600 10,877
7800 600 600 600 600 600 600 10,878
8400 600 600 600 600 600 600 10,879
9000 849 859 868 878 887 896 10,880
9600 1259 1273 1287 1301 1315 1329 10,881
10200 1669 1687 1706 1724 1743 1761 10,882
10800 2076 2099 2122 2145 2168 2192 10,883
11400 2331 2505 2533 2560 2588 2616 10,884
263
12000 2439 2911 2943 2975 3007 3039 10,885
12600 2546 3318 3354 3390 3427 3463 10,886
13200 2654 3724 3765 3806 3846 3887 10,887
13800 2761 4029 4175 4221 4266 4311 10,888
14400 2869 4186 4586 4636 4685 4735 10,889
15000 2976 4342 4996 5051 5105 5159 10,890
15600 3079 4491 5321 5466 5524 5583 10,891
16200 3179 4635 5490 5877 5940 6003 10,892
16800 3278 4780 5660 6254 6355 6423 10,893
17400 3378 4924 5830 6442 6771 6843 10,894
18000 3478 5069 5999 6629 7186 7262 10,895
18600 3578 5213 6169 6816 7389 7682 10,896
19200 3678 5358 6339 7004 7592 8102 10,897
19800 3778 5502 6508 7191 7796 8341 10,898
20400 3878 5647 6678 7378 7999 8558 10,899
21000 3977 5790 6847 7565 8201 8774 10,900
21600 4076 5933 7015 7750 8402 8989 10,901
22200 4176 6075 7182 7936 8602 9204 10,902
22800 4275 6216 7345 8116 8798 9413 10,903
23400 4373 6357 7509 8297 8994 9623 10,904
24000 4471 6498 7672 8478 9190 9832 10,905
24600 4570 6639 7836 8658 9386 10042 10,906
25200 4668 6780 8000 8839 9582 10251 10,907
25800 4767 6920 8163 9020 9778 10461 10,908
26400 4865 7061 8327 9200 9974 10670 10,909
27000 4963 7202 8490 9381 10170 10880 10,910
27600 5054 7332 8642 9548 10351 11074 10,911
28200 5135 7448 8776 9697 10512 11246 10,912
28800 5216 7564 8911 9845 10673 11418 10,913
29400 5297 7678 9045 9995 10833 11592 10,914
30000 5377 7792 9179 10143 10994 11764 10,915
30600 5456 7907 9313 10291 11154 11936 10,916
31200 5535 8022 9447 10439 11315 12107 10,917
31800 5615 8136 9581 10587 11476 12279 10,918
264
32400 5694 8251 9715 10736 11636 12451 10,919
33000 5774 8366 9849 10884 11797 12623 10,920
33600 5853 8480 9983 11032 11957 12794 10,921
34200 5933 8595 10117 11180 12118 12966 10,922
34800 6012 8709 10251 11328 12279 13138 10,923
35400 6091 8824 10385 11476 12439 13310 10,924
36000 6171 8939 10519 11624 12600 13482 10,925
36600 6250 9053 10653 11772 12761 13653 10,926
37200 6330 9168 10787 11920 12921 13825 10,927
37800 6406 9275 10913 12058 13071 13988 10,928
38400 6447 9335 10984 12137 13156 14079 10,929
39000 6489 9395 11055 12215 13242 14170 10,930
39600 6530 9455 11126 12294 13328 14261 10,931
40200 6571 9515 11197 12373 13413 14353 10,932
40800 6613 9575 11268 12451 13499 14444 10,933
41400 6653 9634 11338 12529 13583 14534 10,934
42000 6694 9693 11409 12607 13667 14624 10,935
42600 6735 9752 11479 12684 13752 14714 10,936
43200 6776 9811 11549 12762 13836 14804 10,937
43800 6817 9871 11619 12840 13921 14894 10,938
44400 6857 9930 11690 12917 14005 14985 10,939
45000 6898 9989 11760 12995 14090 15075 10,940
45600 6939 10049 11830 13073 14174 15165 10,941
46200 6978 10103 11897 13146 14251 15250 10,942
46800 7013 10150 11949 13203 14313 15316 10,943
47400 7048 10197 12000 13260 14375 15382 10,944
48000 7083 10245 12052 13317 14437 15448 10,945
48600 7117 10292 12103 13374 14498 15514 10,946
49200 7152 10339 12155 13432 14560 15580 10,947
49800 7187 10386 12206 13489 14622 15646 10,948
50400 7222 10433 12258 13546 14684 15712 10,949
51000 7257 10481 12309 13603 14745 15778 10,950
51600 7291 10528 12360 13660 14807 15844 10,951
52200 7326 10575 12412 13717 14869 15910 10,952
265
52800 7361 10622 12463 13774 14931 15976 10,953
53400 7396 10669 12515 13832 14992 16042 10,954
54000 7431 10717 12566 13889 15054 16108 10,955
54600 7468 10765 12622 13946 15120 16178 10,956
55200 7524 10845 12716 14050 15232 16298 10,957
55800 7582 10929 12814 14159 15350 16425 10,958
56400 7643 11016 12918 14273 15474 16558 10,959
57000 7704 11104 13021 14388 15598 16691 10,960
57600 7765 11192 13125 14502 15722 16824 10,961
58200 7825 11277 13225 14613 15842 16953 10,962
58800 7883 11361 13324 14723 15961 17079 10,963
59400 7941 11445 13423 14832 16079 17206 10,964
60000 8000 11529 13522 14941 16197 17333 10,965
60600 8058 11612 13620 15050 16315 17460 10,966
61200 8116 11696 13719 15160 16433 17587 10,967
61800 8175 11780 13818 15269 16552 17714 10,968
62400 8233 11864 13917 15378 16670 17840 10,969
63000 8288 11945 14011 15481 16783 17958 10,970
63600 8344 12024 14102 15582 16893 18075 10,971
64200 8399 12103 14194 15683 17002 18193 10,972
64800 8454 12183 14285 15784 17111 18310 10,973
65400 8510 12262 14376 15885 17220 18427 10,974
66000 8565 12341 14468 15986 17330 18544 10,975
66600 8620 12421 14559 16087 17439 18661 10,976
67200 8676 12500 14650 16188 17548 18778 10,977
67800 8731 12579 14741 16289 17657 18895 10,978
68400 8786 12659 14833 16390 17767 19012 10,979
69000 8842 12738 14924 16491 17876 19129 10,980
69600 8897 12817 15015 16592 17985 19246 10,981
70200 8953 12897 15107 16693 18094 19363 10,982
70800 9008 12974 15196 16791 18201 19476 10,983
71400 9060 13047 15281 16885 18302 19585 10,984
72000 9111 13120 15366 16979 18404 19694 10,985
72600 9163 13194 15451 17073 18506 19803 10,986
266
73200 9214 13267 15536 17167 18608 19912 10,987
73800 9266 13340 15621 17261 18709 20021 10,988
74400 9318 13413 15706 17355 18811 20130 10,989
75000 9369 13487 15791 17449 18913 20239 10,990
75600 9421 13560 15876 17543 19015 20347 10,991
76200 9473 13633 15961 17636 19116 20456 10,992
76800 9524 13707 16046 17730 19218 20565 10,993
77400 9576 13780 16131 17824 19320 20674 10,994
78000 9627 13853 16216 17918 19422 20783 10,995
78600 9679 13927 16300 18012 19523 20892 10,996
79200 9731 14000 16385 18106 19625 21001 10,997
79800 9782 14073 16470 18200 19727 21109 10,998
80400 9834 14147 16555 18294 19829 21218 10,999
81000 9885 14220 16640 18387 19930 21326 11,000
81600 9936 14292 16723 18480 20030 21434 11,001
82200 9987 14364 16807 18573 20131 21541 11,002
82800 10038 14439 16891 18665 20235 21651 11,003
83400 10090 14514 16979 18762 20340 21763 11,004
84000 10142 14589 17066 18859 20444 21875 11,005
84600 10194 14663 17154 18956 20549 21987 11,006
85200 10246 14738 17241 19052 20653 22099 11,007
85800 10298 14813 17329 19149 20758 22211 11,008
86400 10350 14887 17417 19246 20863 22323 11,009
87000 10403 14962 17504 19343 20967 22435 11,010
87600 10455 15037 17592 19440 21072 22547 11,011
88200 10507 15111 17679 19537 21176 22659 11,012
88800 10559 15186 17767 19633 21281 22771 11,013
89400 10611 15261 17855 19730 21386 22883 11,014
90000 10663 15335 17942 19827 21490 22995 11,015
90600 10715 15410 18030 19924 21595 23107 11,016
91200 10767 15485 18118 20021 21700 23219 11,017
91800 10819 15559 18205 20118 21804 23331 11,018
92400 10872 15634 18293 20215 21909 23443 11,019
93000 10924 15709 18380 20311 22013 23555 11,020
267
93600 10976 15783 18468 20408 22118 23667 11,021
94200 11028 15858 18556 20505 22223 23779 11,022
94800 11080 15933 18643 20602 22327 23891 11,023
95400 11132 16007 18731 20699 22432 24003 11,024
96000 11184 16082 18818 20796 22536 24115 11,025
96600 11236 16157 18906 20892 22641 24227 11,026
97200 11289 16231 18994 20989 22746 24339 11,027
97800 11341 16306 19081 21086 22850 24451 11,028
98400 11393 16381 19169 21183 22955 24563 11,029
99000 11446 16450 19255 21279 23062 24676 11,030
99600 11491 16516 19334 21366 23156 24777 11,031
100200 11536 16583 19413 21453 23250 24878 11,032
100800 11581 16649 19491 21539 23345 24978 11,033
101400 11625 16714 19569 21625 23437 25077 11,034
102000 11670 16779 19646 21710 23530 25177 11,035
102600 11714 16844 19724 21796 23623 25276 11,036
103200 11759 16909 19801 21881 23715 25375 11,037
103800 11803 16974 19879 21967 23808 25475 11,038
104400 11847 17039 19956 22052 23901 25574 11,039
105000 11892 17104 20034 22138 23994 25673 11,040
105600 11934 17167 20108 22220 24083 25769 11,041
106200 11979 17232 20186 22305 24176 25868 11,042
106800 12023 17297 20263 22391 24269 25968 11,043
107400 12068 17362 20341 22476 24361 26067 11,044
108000 12110 17425 20415 22559 24451 26162 11,045
108600 12155 17490 20493 22644 24543 26262 11,046
109200 12199 17555 20570 22730 24636 26361 11,047
109800 12243 17620 20648 22815 24729 26460 11,048
110400 12286 17683 20722 22897 24818 26556 11,049
111000 12331 17748 20800 22983 24911 26655 11,050
111600 12375 17813 20877 23068 25004 26755 11,051
112200 12419 17878 20955 23154 25096 26854 11,052
112800 12462 17941 21029 23236 25186 26949 11,053
113400 12506 18006 21107 23322 25278 27049 11,054
268
114000 12551 18071 21184 23407 25371 27148 11,055
114600 12595 18136 21262 23493 25464 27247 11,056
115200 12640 18202 21339 23578 25557 27347 11,057
115800 12682 18264 21414 23660 25646 27442 11,058
116400 12727 18329 21491 23746 25739 27542 11,059
117000 12771 18394 21569 23831 25832 27641 11,060
117600 12815 18460 21646 23917 25924 27740 11,061
118200 12858 18522 21721 23999 26013 27836 11,062
118800 12902 18587 21798 24084 26106 27935 11,063
119400 12947 18652 21876 24170 26199 28034 11,064
120000 12991 18718 21953 24256 26292 28134 11,065
120600 13034 18780 22028 24338 26381 28229 11,066
121200 13078 18845 22105 24423 26474 28329 11,067
121800 13123 18910 22183 24509 26567 28428 11,068
122400 13167 18976 22260 24594 26659 28527 11,069
123000 13210 19038 22335 24676 26749 28623 11,070
123600 13254 19103 22412 24762 26841 28722 11,071
124200 13299 19168 22490 24847 26934 28821 11,072
124800 13343 19234 22567 24933 27027 28921 11,073
125400 13386 19296 22642 25015 27116 29016 11,074
126000 13430 19361 22719 25101 27209 29115 11,075
126600 13474 19426 22797 25186 27302 29215 11,076
127200 13519 19492 22874 25272 27395 29314 11,077
127800 13561 19554 22949 25354 27484 29410 11,078
128400 13606 19619 23026 25439 27576 29509 11,079
129000 13650 19684 23104 25525 27669 29608 11,080
129600 13695 19750 23181 25610 27762 29708 11,081
130200 13739 19815 23259 25696 27855 29807 11,082
130800 13783 19879 23335 25780 27946 29905 11,083
131400 13828 19945 23414 25868 28041 30007 11,084
132000 13874 20012 23494 25955 28136 30108 11,085
132600 13919 20079 23573 26043 28231 30210 11,086
133200 13963 20143 23649 26127 28323 30308 11,087
133800 14008 20210 23729 26215 28418 30410 11,088
269
134400 14054 20276 23808 26302 28513 30511 11,089
135000 14099 20343 23887 26390 28608 30613 11,090
135600 14143 20407 23964 26474 28699 30711 11,091
136200 14188 20474 24043 26561 28794 30813 11,092
136800 14234 20541 24123 26649 28889 30914 11,093
137400 14279 20607 24202 26737 28984 31016 11,094
138000 14323 20671 24278 26821 29075 31114 11,095
138600 14368 20738 24358 26908 29170 31215 11,096
139200 14414 20805 24437 26996 29265 31317 11,097
139800 14459 20872 24516 27083 29361 31419 11,098
140400 14503 20936 24593 27168 29452 31517 11,099
141000 14549 21002 24672 27255 29547 31618 11,100
141600 14594 21069 24751 27343 29642 31720 11,101
142200 14639 21136 24831 27430 29737 31822 11,102
142800 14683 21200 24907 27515 29828 31920 11,103
143400 14729 21267 24986 27602 29923 32021 11,104
144000 14774 21333 25066 27690 30018 32123 11,105
144600 14820 21400 25145 27777 30113 32225 11,106
145200 14865 21467 25225 27865 30208 32327 11,107
145800 14909 21531 25301 27949 30300 32424 11,108
146400 14963 21596 25377 28041 30396 32526 11,109
147000 15006 21659 25452 28124 30486 32622 11,110
147600 15049 21722 25527 28207 30576 32718 11,111
148200 15090 21782 25599 28286 30662 32810 11,112
148800 15133 21845 25674 28369 30752 32907 11,113
149400 15176 21908 25749 28452 30842 33003 11,114
150000 15218 21971 25823 28534 30931 33099 11,115
(2) Until July 1, 1994, or a later date specified pursuant 11,118
to division (D)(3) of this section, the following basic child 11,119
support schedule shall be used by all courts and child support 11,120
enforcement agencies to calculate the amount of child support 11,121
that will be paid pursuant to a child support order or an 11,122
administrative child support order when combined gross income is 11,123
at least six thousand dollars but not more than twenty-one 11,124
270
thousand six hundred dollars: 11,125
Basic Child Support Schedule 11,126
Gross Number of Children 11,128
Income One Two Three Four Five Six 11,131
6000 240 372 468 528 576 612 11,132
7200 1068 1308 1428 1608 1656 1692 11,133
8400 1884 2244 2388 2688 2736 2784 11,134
9600 2052 3180 3348 3768 3816 3876 11,135
10800 2208 3432 4308 4848 4896 4968 11,136
12000 2439 3684 4620 5208 5676 6060 11,137
13200 2654 3924 4920 5556 6048 6456 11,138
14400 2869 4186 5208 5880 6408 6840 11,139
15600 3079 4491 5508 6204 6756 7224 11,140
16800 3278 4780 5796 6528 7116 7608 11,141
18000 3478 5069 6072 6840 7464 7980 11,142
19200 3678 5358 6339 7140 7788 8352 11,143
20400 3878 5647 6678 7440 8112 8688 11,144
21600 4078 5935 7018 7755 8448 9036 11,145
(3) The office of budget and management and the department 11,148
of human services shall conduct a study of the impact on the 11,149
general revenue fund of implementing the basic child support 11,150
schedule in division (D)(1) of this section for combined gross 11,151
incomes of at least six thousand dollars but not more than 11,152
twenty-one thousand six hundred dollars. If, prior to July 1, 11,153
1994, the department and the office conclude from the study that 11,154
implementing the basic child support schedule in division (D)(1) 11,155
of this section for those incomes will have a negative impact on 11,156
the general revenue fund, the department shall inform the 11,157
controlling board of the impact and recommend to the board 11,158
continued use of the schedule in division (D)(2) until a date 11,159
which the department shall specify. On receipt of the 11,160
department's recommendation, the board shall specify a date for 11,161
discontinuance of the schedule in division (D)(2), which may be 11,162
the date recommended by the department or any other date 11,163
271
considered appropriate by the board. On the date specified by 11,164
the board, the schedule in division (D)(2) shall cease to be used 11,165
and child support shall be calculated pursuant to the schedule in 11,166
division (D)(1) of this section. 11,167
(E) When a court or child support enforcement agency 11,169
calculates the amount of child support that will be required to 11,170
be paid pursuant to a child support order or an administrative 11,171
child support order in a proceeding in which one parent is the 11,172
residential parent and legal custodian of all of the children who 11,173
are the subject of the child support order or the court issues a 11,174
shared parenting order, the court or child support enforcement 11,175
agency shall use a worksheet that is identical in content and 11,176
form to the following worksheet: 11,177
"Worksheet 11,178
............... County Domestic Relations Court (or) 11,179
............... County Child Support Enforcement Agency 11,180
Child Support Computation 11,181
Sole Residential Parent or 11,182
Shared Parenting Order 11,183
Name of parties ................................................. 11,185
Case No. .......... 11,187
Number of minor children ...... The following parent was 11,189
designated as the residential parent and legal custodian 11,190
(disregard if shared parenting order): 11,191
............. mother; ............ father. 11,193
Father has ..... pay periods annually; mother has ..... pay 11,195
periods annually. 11,196
Column I Column II Column III 11,198
Father Mother Combined
1a. Annual gross income from 11,201
employment or, when
determined appropriate by 11,202
the court or agency,
average annual gross income
272
from employment over a
reasonable period of years 11,203
(exclude overtime and
bonuses)................... $...... $...... 11,205
b. Amount of overtime and 11,206
bonuses Father Mother 11,207
Yr. 3 11,208
(Three years ago) $...... $...... 11,210
Yr. 2 11,211
(Two years ago) $...... $...... 11,213
Yr. 1 11,214
(Last calendar year) $...... $...... 11,216
Average: $...... $...... 11,218
(Include in Column I and/or 11,219
Column II the average of
the three years or the year 11,220
1 amount, whichever is
less, if there exists a
reasonable expectation that 11,221
the total earnings from
overtime and/or bonuses
during the current calendar 11,222
year will meet or exceed
the amount that is the
lower of the average of the 11,223
three years or the year 1
amount. If, however, there
exists a reasonable 11,224
expectation that the total
earnings from
overtime/bonuses during the 11,225
current calendar year will
be less than the lower of
the average of the three 11,226
273
years or the year 1 amount,
include only the amount
reasonably expected to be 11,227
earned this year.)......... $...... $...... 11,228
2. Annual income from interest 11,229
and dividends (whether or
not taxable)............... $...... $...... 11,231
3. Annual income from 11,232
unemployment compensation.. $...... $...... 11,233
4. Annual income from workers' 11,234
compensation or disability
insurance benefits......... $...... $...... 11,236
5. Other annual income 11,237
(identify)................. $...... $...... 11,238
6. Total annual gross income 11,239
(add lines 1-5)............ $...... $...... 11,240
7. Annual court-ordered support 11,241
paid for other children.... $...... $...... 11,242
8. Adjustment for minor 11,243
children born to either
parent and another parent, 11,244
which children are living
with this parent (number of
children times federal 11,245
income tax exemption less
child support received for
the year, not to exceed the 11,246
federal tax exemption)..... $...... $...... 11,247
9. Annual court-ordered spousal 11,248
support paid to a former
spouse..................... $...... $...... 11,250
10. Amount of local income taxes 11,251
actually paid or estimated
to be paid................. $...... $...... 11,253
274
11. For self-employed 11,254
individuals, deduct 5.6% of
adjusted gross income or 11,255
the actual marginal
difference between the
actual rate paid by the
self-employed individual 11,256
and the F.I.C.A. rate...... $...... $...... 11,257
12. For self-employed 11,258
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 11,260
13. Total gross income 11,261
adjustments (add lines
7-12)...................... $...... $...... 11,262
14. Adjusted annual gross income 11,263
(subtract line 13 from line
6)......................... $...... $...... 11,265
15. Combined annual income that 11,266
is basis for child support
order (add line 14, Col. I 11,267
and Col. II)......................... $......
16. Percentage parent's income 11,268
to total income
a. Father (divide line 14, Col. 11,269
I by line 15, Col. III) .........% 11,270
b. Mother (divide line 14, Col. 11,271
II by line 15, Col. III) .......... + .......% = 100% 11,272
17. Basic combined child support 11,273
obligation (Refer to basic
child support schedule in 11,274
division (D) of section
3113.215 of the Revised
Code; in the first column 11,275
275
of the schedule, locate the
sum that is nearest to the
combined annual income 11,276
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 11,277
schedule that corresponds
to the number of children
in this family. If the 11,278
income of the parents is
more than one sum, and less
than another sum, in the 11,279
first column of the
schedule, you may calculate
the basic combined child 11,280
support obligation based
upon the obligation for
those two sums.)........... $...... 11,282
18. Annual child care expenses 11,283
for the children who are
the subject of this order 11,284
that are work, employment
training, or education 11,285
related, as approved by the
court or agency (deduct the
tax credit from annual 11,286
cost, whether or not
claimed)................... $...... $...... 11,287
19. Marginal, out-of-pocket 11,288
costs, necessary to provide
for health insurance for 11,289
the children who are the
subject of this order...... $...... $...... 11,290
20. Total child care and medical 11,291
276
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 11,293
21. Combined annual child 11,294
support obligation for this
family (add lines 17 and 11,295
20, Column I and Column II). ....... $...... 11,296
22. Annual support 11,297
obligation/parent
a. Father (multiply line 21, 11,298
Col. III, by line 16a)..... $...... 11,299
b. Mother (multiply line 21, 11,300
Col. III, by line 16b)..... $...... 11,301
23. Adjustment for actual 11,302
expenses paid for annual
child care expenses and 11,303
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 11,304
number from line 18 or 19
if applicable)............. $...... $...... 11,305
24. Actual annual obligation 11,306
(subtract line 23 from line
22a or 22b)................ $...... $...... 11,308
25. GROSS HOUSEHOLD INCOME PER 11,309
PARTY AFTER EXCHANGE OF
CHILD SUPPORT (ADD LINES 14 11,311
AND 24 COLUMN I OR II FOR
RESIDENTIAL PARENT OR, IN 11,312
THE CASE OF SHARED 11,313
PARENTING ORDER, THE PARENT
TO WHOM CHILD SUPPORT WILL
BE PAID; SUBTRACT LINE 24 11,314
COLUMN I OR II FROM LINE 14
FOR PARENT WHO IS NOT THE 11,315
277
RESIDENTIAL PARENT OR, IN 11,316
THE CASE OF SHARED
PARENTING ORDER, THE PARENT
WHO WILL PAY CHILD SUPPORT). $...... $...... 11,318
26. Comments, rebuttal, or 11,319
adjustments to correct
figures in lines 24, Column 11,320
I and 24, Column II if they
would be unjust or
inappropriate and would not 11,321
be in best interest of the
child or children (specific
facts to support
adjustments must be 11,322
included).................. $...... $...... 11,323
................................................................. 11,325
................................................................. 11,326
................................................................. 11,327
(Addendum sheet may be attached) 11,328
27. Final figure (this amount 11,330
reflects final annual child
support obligation)........ $...... father/mother 11,332
obligor
28. For decree: child support 11,335
per child per week or per
month (divide obligor's 11,336
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 11,338
29. For deduction order: child 11,339
support per pay period
(calculate support per pay 11,340
period from figure on line
28) plus appropriate
278
poundage................... $...... 11,342
Calculations have been reviewed. 11,345
Signatures .............................. 11,347
Father 11,348
I do/do not consent. 11,349
Sworn to before me and suscribed SUBSCRIBED in my presence, 11,351
this ..... day of .........., 19... 11,352
.............................. 11,354
Notary Public 11,355
.............................. 11,356
Mother 11,357
I do/do not consent. 11,358
Sworn to before me and suscribed SUBSCRIBED in my presence, 11,361
this ..... day of .........., 19... 11,362
.............................. 11,363
Notary Public 11,364
.............................. .............................. 11,365
Attorney for father Attorney for mother" 11,367
(F) When a court or child support enforcement agency 11,370
calculates the amount of child support that will be required to 11,371
be paid pursuant to a child support order in a proceeding in 11,372
which both parents have split parental rights and 11,373
responsibilities with respect to the children who are the subject 11,374
of the child support order, the court or child support 11,375
enforcement agency shall use a worksheet that is identical in 11,376
content and form to the following worksheet: 11,377
"Worksheet 11,378
............... County Domestic Relations Court (or) 11,379
............... County Child Support Enforcement Agency 11,380
Child Support Computation 11,381
Split Parental Rights and Responsibilities 11,382
Name of parties ............................. 11,384
Case No. .......... 11,386
Number of minor children ...... The following parent was 11,388
279
designated residential parent and legal custodian: 11,389
............ mother; ............ father. 11,391
Father has ..... pay periods annually; mother has ..... pay 11,393
periods annually.
Column I Column II Column III 11,395
Father Mother Combined
1a. Annual gross income from 11,398
employment or, when
determined to be
appropriate by the court or 11,399
agency, average annual
gross income from
employment over a 11,400
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 11,402
b. Amount of overtime and 11,403
bonuses Father Mother 11,404
Yr. 3 11,405
(Three years ago) $...... $...... 11,406
Yr. 2 11,407
(Two years ago) $...... $...... 11,408
Yr. 1 11,409
(Last calendar year) $...... $...... 11,410
Average: $...... $...... 11,411
(Include in Column I and/or 11,412
Column II the average of
the three years or the year 11,413
1 amount, whichever is
less, if there exists a
reasonable expectation that 11,414
the total earnings from
overtime and/or bonuses 11,415
during the current calendar
280
year will meet or exceed
the amount that is the 11,416
lower of the average of the
three years or the year 1
amount. If, however, there 11,417
exists a reasonable 11,418
expectation that the total
earnings from
overtime/bonuses during the 11,419
current calendar year will
be less than the lower of
the average of the three 11,420
years or the year 1 amount,
include only the amount
reasonably expected to be 11,422
earned this year.)......... $...... $....... 11,423
2. Annual income from interest 11,424
and dividends (whether or
not taxable)............... $...... $...... 11,426
3. Annual income from 11,427
unemployment compensation.. $...... $...... 11,428
4. Annual income from workers' 11,429
compensation or disability
insurance benefits......... $...... $...... 11,431
5. Other annual income 11,432
(identify)................. $...... $...... 11,433
6. Total annual gross income 11,434
(add lines 1-5)............ $...... $...... 11,435
7. Annual court-ordered support 11,436
paid for other children.... $...... $...... 11,437
8. Adjustment for minor 11,438
children born to either
parent and another parent, 11,439
which children are living
281
with this parent (number of
children times federal 11,440
income tax exemption less
child support received for
the year, not to exceed the 11,441
federal tax exemption)..... $...... $...... 11,442
9. Annual court-ordered spousal 11,443
support paid to a former
spouse..................... $...... $...... 11,445
10. Amount of local income taxes 11,446
actually paid or estimated
to be paid................. $...... $...... 11,448
11. For self-employed 11,449
individuals, deduct 5.6% of
adjusted gross income or 11,450
the actual marginal
difference between the
actual rate paid by the
self-employed individual 11,451
and the F.I.C.A. rate...... $...... $...... 11,452
12. For self-employed 11,453
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 11,455
13. Total gross income 11,456
adjustments (add lines
7-12)...................... $...... $...... 11,457
14. Adjusted annual gross income 11,458
(subtract line 13 from line
6)......................... $...... $...... 11,460
15. Combined annual income that 11,461
is basis for child support
order (add line 14, Col. I 11,462
and Col. II)............... $..... 11,463
282
16. Percentage parent's income 11,464
to total income
a. Father (divide line 14, Col. 11,465
I by line 15, Col. III) .........% 11,466
b. Mother (divide line 14, Col. 11,467
II by line 15, Col. III)... + .......% = 100% 11,468
17. Basic combined child support 11,469
obligation/household
a. For children for whom the 11,470
father is the residential
parent and legal custodian 11,471
(Refer to basic child
support schedule in
division (D) of section 11,472
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 11,473
sum that is nearest to the
combined annual income
listed in line 15, Col. III 11,474
of this worksheet, then
refer to the column of the
schedule that corresponds 11,475
to the number of children
for whom the father is the
residential parent and 11,476
legal custodian. If the
income of the parents is
more than one sum, and less 11,477
than another sum, in the
first column of the
schedule, you may calculate 11,478
the basic combined child
support obligation based
283
upon the obligation for 11,479
those two sums.)........... $...... 11,480
b. For children for whom the 11,481
mother is the RESIDENTIAL
parent and the legal 11,482
custodian. (Refer to basic
child support schedule in
division (D) of section 11,483
3313.215 3113.215 of the
Revised Code; in the first 11,484
column of the schedule,
locate the sum that is
nearest to the combined
annual income listed in 11,485
line 15, Col. III of this
worksheet, then refer to
the column of the schedule 11,486
that corresponds to the
number of children for whom
the mother is the 11,487
residential parent and the 11,488
legal custodian. If the
income of the parents is
more than one sum, and less 11,489
than another sum, in the
first column of the
schedule, you may calculate 11,490
the basic combined child
support obligation based
upon the obligation for 11,491
those two sums.)........... $...... 11,492
18. Annual child care expenses 11,493
for the children who are
the subject of this order 11,494
284
that are work, employment
training, or education 11,495
related, as approved by the
court or agency (deduct the
as approved by the court or 11,496
agency (deduct the tax
credit from annual cost, 11,497
whether or not claimed)
a. Expenses paid by the father. $...... 11,499
b. Expenses paid by the mother. $...... 11,501
19. Marginal, out-of-pocket 11,502
costs, necessary to provide
for health insurance for 11,503
the children who are the
subject of this order
a. Costs paid by the father.... $...... 11,505
b. Costs paid by the mother.... $...... 11,507
20. Total annual child care and 11,508
medical expenses
a. Of father (add lines 18a and 11,509
19a)....................... $...... 11,510
b. Of mother (add lines 18b and 11,511
19b)....................... $...... 11,512
21. Total annual child support 11,513
obligation
a. Of father for child(ren) for 11,514
whom the mother is the
residential parent and 11,515
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... 11,517
b. Of mother for child(ren) for 11,518
whom the father is the
residential parent and 11,519
285
legal custodian (add lines
20b and 17b 17a and
multiply by line 16b)...... $...... 11,521
22. Adjustment for actual 11,522
expenses paid for annual
child care expenses, and 11,523
marginal, out-of-pocket
costs, necessary to provide
for health insurance
a. For father (enter number 11,524
from line 20a)............. $...... 11,525
b. For mother (enter number 11,526
from line 20b)............. $...... 11,527
23. Actual annual obligation 11,528
(subtract line 22a from
line 21a and insert in 11,529
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 11,531
24. Net annual support 11,532
obligation (greater amount
on line 23 Column I or line 11,533
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 11,535
25. Gross household income per 11,536
party after exchange of
child support.............. $...... $...... 11,538
(add line 14 and line 24 11,539
for the parent receiving a
child support payment; 11,540
subtract line 24 from line
14 for the parent making a
child support payment) 11,541
286
26. Comments, rebuttal, or 11,542
adjustments to correct
figures in lines 24, Column 11,543
I and 24, Column II if they
would be unjust or
inappropriate and would not 11,544
be in best interest of the
children (specific facts to
support adjustments must be 11,545
included).................. $...... $...... 11,546
................................................................. 11,548
................................................................. 11,549
................................................................. 11,550
(Addendum sheet may be attached) 11,551
27. Final figure (this amount 11,553
reflects final annual child
support obligation)........ $...... father/mother 11,555
obligor
28. For decree: child support 11,558
per child per week or per
month (divide obligor's 11,559
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 11,561
29. For deduction order: child 11,562
support per day (calculate
support per pay period from 11,563
figure on line 28) and add
appropriate poundage....... $...... 11,564
Calculations have been reviewed. 11,567
Signatures .............................. 11,569
Father 11,570
I do/do not consent. 11,571
Sworn to before me and suscribed SUBSCRIBED in my presence, 11,574
287
this ..... day of .........., 19... 11,575
.............................. 11,577
Notary Public 11,578
.............................. 11,579
Mother 11,580
I do/do not consent. 11,581
Sworn to before me and suscribed SUBSCRIBED in my presence, 11,584
this ..... day of .........., 19... 11,585
.............................. 11,587
Notary Public 11,588
.............................. .............................. 11,589
Attorney for father Attorney for mother" 11,590
(G) At least once every four years, the department of 11,593
human services shall review the basic child support schedule set 11,594
forth in division (D) of this section to determine whether 11,595
support orders issued in accordance with the schedule and the 11,596
applicable worksheet in division (E) of this section, through 11,597
line 24, or in division (F) of this section, through line 23, 11,598
adequately provide for the needs of the children who are subject 11,599
to the support orders, prepare a report of its review, and submit 11,600
a copy of the report to both houses of the general assembly. For 11,601
each review, the department shall establish a child support 11,602
guideline advisory council to assist the department in the 11,604
completion of its reviews and reports. Each council shall be 11,606
composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys 11,607
whose practice includes a significant number of domestic 11,608
relations cases, representatives of child support enforcement 11,609
agencies, other persons interested in the welfare of children, 11,610
three members of the senate appointed by the president of the 11,611
senate, no more than two of whom are members of the same party, 11,612
and three members of the house of representatives appointed by 11,613
the speaker of the house, no more than two of whom are members of 11,614
the same party. The department shall consider input from the 11,615
288
council prior to the completion of any report under this section. 11,617
The advisory council shall cease to exist at the time that it 11,621
submits its report to the general assembly. Any expenses 11,622
incurred by an advisory council shall be paid by the department. 11,623
On or before March 1, 1993, the department shall submit its 11,625
initial report under this division to both houses of the general 11,626
assembly. On or before the first day of March of every fourth 11,627
year after 1993, the department shall submit a report under this 11,628
division to both houses of the general assembly. 11,629
Sec. 3113.216. (A) As used in this section, "obligor," 11,638
"obligee," and "child support enforcement agency" have the same 11,639
meanings as in section 3113.21 of the Revised Code. 11,640
(B) No later than October 13, 1990, the department of 11,642
human services shall adopt rules pursuant to Chapter 119. of the 11,643
Revised Code establishing a procedure for determining when 11,644
existing child support orders should be reviewed to determine 11,645
whether it is necessary and in the best interest of the children 11,646
who are the subject of the child support order to change the 11,647
child support order. The rules shall include, but are not 11,648
limited to, all of the following: 11,649
(1) Any procedures necessary to comply with section 11,651
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 11,652
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any 11,653
regulations adopted pursuant to, or to enforce, that section; 11,654
(2) Procedures for determining what child support orders 11,656
are to be subject to review upon the request of either the 11,657
obligor or the obligee or periodically by the child support 11,658
enforcement agency administering the child support order; 11,659
(3) Procedures for the child support enforcement agency to 11,661
periodically review and to review, upon the request of the 11,662
obligor or the obligee, any child support order that is subject 11,663
to review to determine whether the amount of child support paid 11,664
under the child support order should be adjusted in accordance 11,665
with the basic child support schedule set forth in division (D) 11,666
289
of section 3113.215 of the Revised Code OR WHETHER THE PROVISIONS 11,667
FOR THE CHILD'S HEALTH CARE NEEDS UNDER THE CHILD SUPPORT ORDER 11,668
SHOULD BE MODIFIED IN ACCORDANCE WITH SECTION 3113.217 OF THE 11,669
REVISED CODE;
(4) Procedures for giving obligors and obligees notice of 11,671
their right to request a review of a child support order that is 11,672
determined to be subject to review, notice of any proposed 11,673
revision of the amount of child support to be paid under the 11,674
child support order, notice of the procedures for requesting a 11,675
hearing on any proposed revision of the amount of child support 11,676
to be paid under a child support order, notice of any 11,677
administrative hearing to be held on a proposed revision of the 11,678
amount of child support to be paid under a child support order, 11,679
at least sixty days' prior notice of any review of their child 11,680
support order, and notice that a failure to comply with any 11,681
request for documents or information to be used in the review of 11,682
a child support order is contempt of court; 11,683
(5) Procedures for obtaining the necessary documents and 11,685
information necessary to review child support orders and for 11,686
holding administrative hearings on a proposed revision of the 11,687
amount of child support to be paid under a child support order; 11,688
(6) Procedures for adjusting child support orders in 11,690
accordance with the basic child support schedule set forth in 11,691
division (D) of section 3113.215 of the Revised Code and the 11,692
applicable worksheet in division (E) of that section, through 11,693
line 24 or in division (F) of that section, through line 23; 11,694
(7) PROCEDURES FOR ADJUSTING THE PROVISIONS OF THE CHILD 11,696
SUPPORT ORDER GOVERNING THE HEALTH CARE NEEDS OF THE CHILD 11,697
PURSUANT TO SECTION 3113.217 OF THE REVISED CODE. 11,698
(C)(1) If a child support enforcement agency, periodically 11,700
or upon request of an obligor or obligee, plans to review a child 11,701
support order in accordance with the rules adopted pursuant to 11,702
division (B) of this section or otherwise plans to review a child 11,703
support order, it shall do all of the following prior to formally 11,704
290
beginning the review: 11,705
(a) Establish a date certain upon which the review will 11,707
formally begin; 11,708
(b) At least sixty days before formally beginning the 11,710
review, send the obligor and the obligee notice of the planned 11,711
review and of the date when the review will formally begin; 11,712
(c) Request the obligor to provide the agency, no later 11,714
than the scheduled date for formally beginning the review, with a 11,715
copy of the obligor's federal income tax return from the previous 11,716
year, a copy of all pay stubs obtained by the obligor within the 11,717
preceding six months, a copy of all other records evidencing the 11,718
receipt of any other salary, wages, or compensation by the 11,719
obligor within the preceding six months, A LIST OF THE GROUP 11,720
HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS 11,721
AVAILABLE TO THE OBLIGOR AND THEIR COSTS, THE CURRENT HEALTH 11,722
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH 11,723
THE OBLIGOR IS ENROLLED AND ITS COST, and any other information 11,725
necessary to properly review the child support order, and request 11,726
the obligee to provide the agency, no later than the scheduled 11,727
date for formally beginning the review, with a copy of the 11,728
obligee's federal income tax return from the previous year, a
copy of all pay stubs obtained by the obligee within the 11,729
preceding six months, a copy of all other records evidencing the 11,730
receipt of any other salary, wages, or compensation by the 11,731
obligee within the preceding six months, A LIST OF THE GROUP 11,732
HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS 11,733
AVAILABLE TO THE OBLIGEE AND THEIR COSTS, THE CURRENT HEALTH 11,734
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH 11,735
THE OBLIGEE IS ENROLLED AND ITS COST, and any other information 11,737
necessary to properly review the child support order;
(d) Include in the notice sent pursuant to division 11,739
(C)(1)(b) of this section, a notice that a willful failure to 11,740
provide the documents and other information requested pursuant to 11,741
division (C)(1)(c) of this section is contempt of court. 11,742
291
(2) If either the obligor or the obligee fails to comply 11,744
with a request for information made pursuant to division 11,745
(C)(1)(c) of this section, it is contempt of court, and the 11,746
agency shall notify the court of the failure to comply with the 11,747
request for information. The agency may request the court to 11,748
issue an order requiring the obligor or the obligee to provide 11,749
the information as requested or take whatever action is necessary 11,750
to obtain the information and make any reasonable assumptions 11,751
necessary with respect to the income of INFORMATION the person in 11,753
contempt of court DID NOT PROVIDE to ensure a fair and equitable 11,754
review of the child support order. If the agency decides to 11,756
conduct the review based upon ON reasonable assumptions with 11,758
respect to the income of INFORMATION the person in contempt of 11,760
court DID NOT PROVIDE, it shall proceed under division (C)(3) of 11,761
this section in the same manner as if all requested information 11,762
has been received. 11,763
(3) Upon the date established pursuant to division 11,765
(C)(1)(a) of this section for formally beginning the review of a 11,766
child support order, the agency shall review the child support 11,767
order and shall do all of the following: 11,768
(a) Calculate a revised amount of child support to be paid 11,770
under the child support order; 11,771
(b) Give the obligor and obligee notice of the revised 11,773
amount of child support to be paid under the child support order, 11,774
of their right to request an administrative hearing on the 11,775
revised amount of child support, of the procedures and time 11,776
deadlines for requesting the hearing, and that the revised amount 11,777
of child support will be submitted to the court for inclusion in 11,778
a revised child support order unless the obligor or obligee 11,779
requests an administrative hearing on the proposed change within 11,780
thirty days after receipt of the notice under this division; 11,781
(c) If neither the obligor nor the obligee timely requests 11,783
an administrative hearing on the revised amount of child support 11,784
to be paid under the child support order, submit the revised 11,785
292
amount of child support to the court for inclusion in a revised 11,786
child support order; 11,787
(d) If the obligor or the obligee timely requests an 11,789
administrative hearing on the revised amount of child support to 11,790
be paid under the child support order, the agency shall schedule 11,791
a hearing on the issue, give the obligor and obligee notice of 11,792
the date, time, and location of the hearing, conduct the hearing 11,793
in accordance with the rules adopted under division (B) of this 11,794
section, redetermine at the hearing a revised amount of child 11,795
support to be paid under the child support order, and give notice 11,796
of all of the following to the obligor and obligee: 11,797
(i) The revised amount of child support to be paid under 11,799
the child support order; 11,800
(ii) That they may request a court hearing on the revised 11,802
amount of child support; 11,803
(iii) That the agency will submit the revised amount of 11,805
child support to the court for inclusion in a revised child 11,806
support order, if neither the obligor nor the obligee requests a 11,807
court hearing on the revised amount of child support. 11,808
(e) If neither the obligor nor the obligee requests a 11,810
court hearing on the revised amount of child support to be paid 11,811
under the child support order, submit the revised amount of child 11,812
support to the court for inclusion in a revised child support 11,813
order. 11,814
(4) In calculating a revised amount of child support to be 11,816
paid under a child support order under division (C)(3)(a) of this 11,817
section, and in redetermining, at an administrative hearing 11,818
conducted under division (C)(3)(d) of this section, a revised 11,819
amount of child support to be paid under a child support order, 11,820
the child support enforcement agency shall consider, in addition 11,821
to all other factors required by law to be considered, the THE 11,822
FOLLOWING: 11,823
(a) THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR, 11,825
OBLIGEE, OR BOTH, TO BE REQUIRED IN ACCORDANCE WITH SECTION 11,826
293
3113.217 OF THE REVISED CODE TO PROVIDE HEALTH INSURANCE COVERAGE 11,827
FOR THE CHILDREN SPECIFIED IN THE ORDER;
(b) THE cost of health insurance COVERAGE which the 11,830
obligor, the obligee, or both the obligor and the obligee have 11,832
been ordered to obtain IN ACCORDANCE WITH SECTION 3113.217 OF THE 11,833
REVISED CODE for the children specified in the order. 11,834
(D) If an obligor or obligee files a request for a court 11,836
hearing on a revised amount of child support to be paid under a 11,837
child support order in accordance with division (C) of this 11,838
section and the rules adopted under division (B) of this section, 11,839
the court shall conduct a hearing in accordance with division 11,840
(C)(1)(c) of section 3113.21 of the Revised Code. 11,841
(E) A child support enforcement agency is not required to 11,843
review a child support order pursuant to this section if the 11,844
review is not otherwise required by section 666(a)(10) of Title 11,845
42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 11,846
2346, 42 U.S.C. 666(a)(10), as amended, and any regulations 11,847
adopted pursuant to, or to enforce, that section and if either of 11,848
the following apply: 11,849
(1) The obligee has made an assignment under section 11,851
5107.07 of the Revised Code of his THE right to receive child 11,852
support payments, the agency determines that the review would not 11,854
be in the best interest of the children who are the subject of 11,855
the child support order, and neither the obligor nor the obligee 11,856
has requested that the review be conducted; 11,857
(2) The obligee has not made an assignment under section 11,859
5107.07 of the Revised Code of his THE right to receive child 11,860
support payments, neither the obligor nor the obligee has 11,862
requested that the review be conducted. 11,863
Sec. 3113.217. (A) As used in this section: 11,872
(1) "Obligor," "obligee," and "child support enforcement 11,874
agency" have the same meanings as in section 3113.21 of the 11,875
Revised Code. 11,876
(2) "Insurer" means any person that is authorized to 11,878
294
engage in the business of insurance in this state under Title 11,879
XXXIX of the Revised Code; any prepaid dental plan, medical care 11,880
corporation, health care corporation, dental care corporation, or 11,881
health maintenance organization; and any legal entity that is 11,882
self-insured and provides benefits to its employees or members. 11,883
(B) In any action or proceeding in which a child support 11,885
order is issued or modified on or after July 1, 1990, under 11,886
Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36, 11,887
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 11,889
3113.07, 3113.216, or 3113.31 of the Revised Code, the child 11,891
support enforcement agency shall determine whether the obligor or 11,892
obligee has satisfactory health insurance coverage, other than 11,893
medical assistance under Title XIX of the "Social Security Act," 11,894
49 Stat. 620 (1935), 42 U.S.C. 301, as amended, for the children 11,895
who are the subject of the child support order. If the agency 11,896
determines that neither the obligor nor the obligee has 11,897
satisfactory health insurance coverage for the children, it shall 11,898
file a motion with the court requesting the court to issue an 11,899
order in accordance with divisions (C) to (K) of this section. 11,900
(C) In any action or proceeding in which a child support 11,902
order is issued or modified on or after July 1, 1990, under 11,903
Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36, 11,904
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 11,906
3113.07, 3113.216, or 3113.31 of the Revised Code, in addition to 11,908
any requirements in those sections, the court also shall issue a 11,909
separate order that includes all DETERMINE THE PARENT RESPONSIBLE 11,910
FOR THE HEALTH CARE OF THE CHILDREN SUBJECT TO THE CHILD SUPPORT 11,911
ORDER AND SHALL INCLUDE IN THE ORDER ONE of the following: 11,912
(1) A requirement that the obligor under the child support 11,914
order obtain health insurance coverage for the children who are 11,915
the subject of the child support order from an insurer that 11,916
provides a group health insurance or health care policy, 11,917
contract, or plan that is specified in the order and a 11,918
requirement that the obligor, no later than thirty days after the 11,919
295
issuance of the order under division (C)(1) of this section, 11,920
furnish written proof to the child support enforcement agency 11,921
that the required health insurance coverage has been obtained, if 11,922
that coverage is available at a reasonable cost through a group 11,923
health insurance or health care policy, contract, or plan offered 11,924
by the obligor's employer or through any other group health 11,925
insurance or health care policy, contract, or plan available to 11,926
the obligor and if health insurance coverage for the children IT 11,927
is not available for a more reasonable cost through a group 11,929
health insurance or health care policy, contract, or plan 11,930
available to the obligee under the child support order; 11,931
(2) If the obligor is required under division (C)(1) of 11,933
this section to obtain health insurance coverage for the children 11,934
who are the subject of the child support order, a requirement 11,935
that the obligor supply the obligee with information regarding 11,936
the benefits, limitations, and exclusions of the health insurance 11,937
coverage, copies of any insurance forms necessary to receive 11,938
reimbursement, payment, or other benefits under the health 11,939
insurance coverage, and a copy of any necessary insurance cards, 11,940
a requirement that the obligor submit a copy of the court order 11,941
issued pursuant to division (C) of this section to the insurer at 11,942
the time that the obligor makes application to enroll the 11,943
children in the health insurance or health care policy, contract, 11,944
or plan, and a requirement that the obligor, no later than thirty 11,945
days after the issuance of the order under division (C)(2) of 11,946
this section, furnish written proof to the child support 11,947
enforcement agency that division (C)(2) of this section has been 11,948
complied with; 11,949
(3) A requirement that the obligee under the child support 11,951
order obtain health insurance coverage for the children who are 11,952
the subject of the child support order from an insurer that 11,953
provides a group health insurance or health care policy, 11,954
contract, or plan that is specified in the order and a 11,955
requirement that the obligee, no later than thirty days after the 11,956
296
issuance of the order under division (C)(1) of this section, 11,957
furnish written proof to the child support enforcement agency 11,958
that the required health insurance coverage has been obtained, if 11,959
that coverage is available through a group health insurance or 11,960
health care policy, contract, or plan offered by the obligee's 11,961
employer or through any other group health insurance or health 11,962
care policy, contract, or plan available to the obligee and if 11,963
that coverage IT is available at a more reasonable cost than 11,964
health insurance SUCH coverage for the children through a group 11,966
health insurance or health care policy, contract, or plan IS 11,967
available to the obligor; 11,968
(4) If the obligee is required under division (C)(3) of 11,970
this section to obtain health insurance coverage for the children 11,971
who are the subject of the child support order, a requirement 11,972
that the obligee submit a copy of the court order issued pursuant 11,973
to division (C) of this section to the insurer at the time that 11,974
the obligee makes application to enroll the children in the 11,975
health insurance or health care policy, contract, or plan; 11,976
(5) A list of the group health insurance and health care 11,978
policies, contracts, and plans that the court determines are 11,979
available at a reasonable cost to the obligor or to the obligee 11,980
and the name of the insurer that issues each policy, contract, or 11,981
plan; 11,982
(6) A statement setting forth the name, address, and 11,984
telephone number of the individual who is to be reimbursed for 11,985
out-of-pocket medical, optical, hospital, dental, or prescription 11,986
expenses paid for each child who is the subject of the support 11,987
order and a statement that the insurer that provides the health 11,988
insurance coverage for the children may continue making payment 11,989
for medical, optical, hospital, dental, or prescription services 11,990
directly to any health care provider in accordance with the 11,991
applicable health insurance or health care policy, contract, or 11,992
plan; 11,993
(7) A requirement that the obligor and the obligee 11,995
297
designate the children who are the subject of the child support 11,996
order as covered dependents under any health insurance or health 11,997
care policy, contract, or plan for which they contract; 11,998
(8) A requirement that the obligor, the obligee, or both 12,000
of them under a formula established by the court pay co-payment 12,001
or deductible costs required under the health insurance or health 12,002
care policy, contract, or plan that covers the children; 12,003
(9)(3) If health insurance coverage for the children who 12,005
are the subject of the order is not available at a reasonable 12,007
cost through a group health insurance or health care policy, 12,008
contract, or plan offered by the obligor's employer or through 12,009
any other group health insurance or health care policy, contract, 12,010
or plan available to the obligor and is not available at a 12,011
reasonable cost through a group health insurance or health care 12,012
policy, contract, or plan offered by the obligee's employer or 12,013
through any other group health insurance or health care policy, 12,014
contract, or plan available to OR the obligee, a requirement that 12,015
the obligor and the obligee share liability for the cost of the 12,016
medical and health care needs of the children who are the subject 12,017
of the order, under an equitable formula established by the 12,018
court, and a requirement that if, after the issuance of the 12,019
order, health insurance coverage for the children who are the 12,020
subject of the order becomes available at a reasonable cost 12,021
through a group health insurance or health care policy, contract, 12,022
or plan offered by the obligor's or obligee's employer or through 12,023
any other group health insurance or health care policy, contract, 12,024
or plan available to the obligor or obligee, the obligor or 12,025
obligee to whom the coverage becomes available immediately inform 12,026
the court of that fact. 12,027
(10) A notice that, if the obligor is required under 12,029
divisions (C)(1) and (2) of this section to obtain health 12,030
insurance coverage for the children who are the subject of the 12,031
child support order and if the obligor fails to comply with the 12,032
requirements of those divisions, the court immediately shall 12,033
298
issue an order to the employer of the obligor, upon written 12,034
notice from the child support enforcement agency, requiring the 12,035
employer to take whatever action is necessary to make application 12,036
to enroll the obligor in any available group health insurance or 12,037
health care policy, contract, or plan with coverage for the 12,038
children who are the subject of the child support order, to 12,039
submit a copy of the court order issued pursuant to division (C) 12,040
of this section to the insurer at the time that the employer 12,041
makes application to enroll the children in the health insurance 12,042
or health care policy, contract, or plan, and, if the obligor's 12,043
application is accepted, to deduct any additional amount from the 12,044
obligor's earnings necessary to pay any additional cost for that 12,045
health insurance coverage; 12,046
(11) A notice that during the time that an order under 12,048
this section is in effect, the employer of the obligor is 12,049
required to release to the obligee or the child support 12,050
enforcement agency upon written request any necessary information 12,051
on the health insurance coverage of the obligor, including, but 12,052
not limited to, the name and address of the insurer and any 12,053
policy, contract, or plan number, and to otherwise comply with 12,054
this section and any court order issued under this section; 12,055
(12) A statement setting forth the full name and date of 12,057
birth of each child who is the subject of the child support 12,058
order; 12,059
(13) A requirement that the obligor and the obligee comply 12,061
with any requirement described in division (C)(1), (2), (3), (4), 12,062
or (7) of this section that is contained in the order issued 12,063
under this section no later than thirty days after the issuance 12,064
of the order. 12,065
(D) In any action in which a child support order is issued 12,067
or modified on or after July 1, 1990, under Chapter 3115. or 12,068
section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 12,069
3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, 12,071
or 3113.31 of the Revised Code, the court, in addition to any 12,072
299
requirements in those sections and in lieu of an order issued 12,073
under division (C) of this section, may issue a separate order 12,074
requiring both;
(4) A REQUIREMENT THAT BOTH the obligor and the obligee to 12,077
obtain health insurance coverage for the children who are the 12,078
subject of the child support order, if health insurance coverage 12,079
is available for the children and if the court determines that 12,080
the coverage is available at a reasonable cost to both the 12,081
obligor and the obligee and that the dual coverage by both 12,082
parents would provide for coordination of medical benefits 12,083
without unnecessary duplication of coverage. If the court issues 12,084
an order under this division, it shall include in the order any 12,085
of the requirements, notices, and information set forth in 12,086
divisions (C)(1) to (13) of this section that are applicable. 12,087
(E) Any 12,089
(C) A CHILD SUPPORT ORDER ISSUED OR MODIFIED PURSUANT TO 12,092
SECTION 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.21, 12,093
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, 3113.31, 12,094
OR 3115.30 OF THE REVISED CODE SHALL CONTAIN ALL OF THE 12,096
FOLLOWING: 12,097
(1) IF THE OBLIGOR IS REQUIRED UNDER DIVISION (B)(1) OF 12,100
THIS SECTION, THE OBLIGEE IS REQUIRED UNDER DIVISION (B)(2) OF 12,102
THIS SECTION, OR BOTH THE OBLIGOR AND OBLIGEE ARE REQUIRED UNDER 12,103
DIVISION (B)(4) OF THIS SECTION, TO PROVIDE HEALTH INSURANCE 12,105
COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT THE OBLIGOR OR 12,106
OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, 12,107
PROVIDE THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS, 12,109
LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE, 12,110
COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT, 12,111
PAYMENT, OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE, 12,112
AND A COPY OF ANY NECESSARY INSURANCE CARDS, A REQUIREMENT THAT 12,113
THE OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH 12,114
INSURANCE COVERAGE SUBMIT A COPY OF THE COURT ORDER ISSUED 12,115
PURSUANT TO DIVISION (B)(1), (2), OR (4) OF THIS SECTION TO THE 12,116
300
INSURER AT THE TIME THAT THE OBLIGOR OR OBLIGEE, WHOEVER IS 12,117
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE MAKES APPLICATION TO 12,118
ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE 12,119
POLICY, CONTRACT, OR PLAN, AND A REQUIREMENT THAT THE OBLIGOR OR 12,120
OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, 12,121
FURNISH WRITTEN PROOF TO THE CHILD SUPPORT ENFORCEMENT AGENCY 12,123
THAT DIVISION (C)(1) OF THIS SECTION HAS BEEN COMPLIED WITH; 12,124
(2) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 12,126
POLICIES, CONTRACTS, AND PLANS THAT THE COURT DETERMINES ARE 12,127
AVAILABLE AT A REASONABLE COST TO THE OBLIGOR OR TO THE OBLIGEE 12,128
AND THE NAME OF THE INSURER THAT ISSUES EACH POLICY, CONTRACT, OR 12,129
PLAN; 12,130
(3) A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND 12,132
TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR 12,133
OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION 12,134
EXPENSES PAID FOR EACH CHILD WHO IS THE SUBJECT OF THE SUPPORT 12,135
ORDER AND A STATEMENT THAT THE INSURER THAT PROVIDES THE HEALTH 12,136
INSURANCE COVERAGE FOR THE CHILDREN MAY CONTINUE MAKING PAYMENT 12,137
FOR MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION SERVICES 12,138
DIRECTLY TO ANY HEALTH CARE PROVIDER IN ACCORDANCE WITH THE 12,139
APPLICABLE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR 12,140
PLAN; 12,141
(4) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE 12,143
DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH 12,145
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN FOR WHICH THEY 12,146
CONTRACT;
(5) A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH 12,148
OF THEM UNDER A FORMULA ESTABLISHED BY THE COURT PAY CO-PAYMENT 12,149
OR DEDUCTIBLE COSTS REQUIRED UNDER THE HEALTH INSURANCE OR HEALTH 12,150
CARE POLICY, CONTRACT, OR PLAN THAT COVERS THE CHILDREN; 12,151
(6) A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE 12,154
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO 12,156
RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT 12,157
AGENCY UPON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE 12,158
301
HEALTH INSURANCE COVERAGE, INCLUDING, BUT NOT LIMITED TO, THE 12,159
NAME AND ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN 12,160
NUMBER, AND TO OTHERWISE COMPLY WITH THIS SECTION AND ANY COURT 12,161
ORDER ISSUED UNDER THIS SECTION;
(7) A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF 12,163
BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE CHILD SUPPORT 12,164
ORDER; 12,165
(8) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY 12,167
WITH ANY REQUIREMENT DESCRIBED IN DIVISION (B)(1), (2), AND (4), 12,168
AND (C)(1) AND (4) OF THIS SECTION THAT IS CONTAINED IN THE ORDER 12,170
ISSUED UNDER THIS SECTION NO LATER THAN THIRTY DAYS AFTER THE 12,171
ISSUANCE OF THE ORDER. 12,172
(9) A NOTICE THAT, IF THE OBLIGOR OR OBLIGEE IS REQUIRED 12,174
TO OBTAIN HEALTH INSURANCE COVERAGE PURSUANT TO THE CHILD SUPPORT 12,176
ORDER FOR THE CHILDREN AND IF THE OBLIGOR OR OBLIGEE FAILS TO 12,177
OBTAIN THE HEALTH INSURANCE COVERAGE, THE CHILD SUPPORT
ENFORCEMENT AGENCY SHALL COMPLY WITH DIVISION (D) OF THIS SECTION 12,179
TO OBTAIN A COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO 12,180
OBTAIN THE HEALTH INSURANCE COVERAGE; 12,181
(10) A NOTICE THAT STATES THE FOLLOWING: "IF THE PERSON 12,183
REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE 12,184
CHILDREN SUBJECT TO THIS CHILD SUPPORT ORDER OBTAINS NEW 12,185
EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS 12,186
PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY 12,187
WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION 3113.217 OF THE 12,189
REVISED CODE WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE 12,192
REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY 12,193
TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED 12,194
BY THE NEW EMPLOYER."
(D) IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH 12,196
INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER ISSUED IN 12,198
ACCORDANCE WITH THIS SECTION DOES NOT OBTAIN THE REQUIRED HEALTH 12,199
INSURANCE COVERAGE WITHIN THIRTY DAYS AFTER THE CHILD SUPPORT 12,200
ORDER IS ISSUED, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 12,201
302
NOTIFY THE COURT IN WRITING OF THE FAILURE OF THE OBLIGOR TO 12,202
COMPLY WITH THE CHILD SUPPORT ORDER. ON RECEIPT OF THE NOTICE 12,203
FROM THE AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE EMPLOYER 12,204
OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE 12,205
COVERAGE REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION IS 12,206
NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE 12,207
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE 12,208
GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN 12,209
WITH COVERAGE FOR THE CHILDREN, TO SUBMIT A COPY OF THE CHILD 12,211
SUPPORT ORDER TO THE INSURER AT THE TIME THAT THE EMPLOYER MAKES 12,212
APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR 12,213
HEALTH CARE POLICY, CONTRACT, OR PLAN, AND, IF THE APPLICATION IS 12,214
ACCEPTED, TO DEDUCT FROM THE WAGES OR OTHER INCOME OF THE OBLIGOR 12,215
OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE THE COST 12,216
OF THE COVERAGE FOR THE CHILDREN. UPON RECEIPT OF ANY ORDER 12,218
UNDER THIS DIVISION, THE EMPLOYER SHALL TAKE WHATEVER ACTION IS 12,219
NECESSARY TO COMPLY WITH THE ORDER.
(E)(1) IF AN OBLIGOR OR OBLIGEE IS REQUIRED TO OBTAIN 12,222
HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER 12,223
ISSUED IN ACCORDANCE WITH THIS SECTION AND THE OBLIGOR OR OBLIGEE 12,224
OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN 12,225
EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD 12,226
SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE WHETHER THE NEW 12,227
EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT WOULD COVER THE 12,228
CHILDREN. IF THE AGENCY DETERMINES THAT THE NEW EMPLOYER 12,229
PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD COVER THE CHILDREN, 12,230
THE AGENCY SHALL SEND A NOTICE DESCRIBED IN DIVISION (E)(2) OF 12,232
THIS SECTION AND A COPY OF THE CHILD SUPPORT ORDER TO THE NEW 12,233
EMPLOYER AND SHALL SEND A COPY OF THE NOTICE TO THE OBLIGOR OR 12,234
OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE UNDER THE 12,235
CHILD SUPPORT ORDER. ON RECEIPT OF THE NOTICE, THE NEW EMPLOYER 12,236
SHALL COMPLY WITH ITS PROVISIONS. 12,237
(2) THE NOTICE REQUIRED BY DIVISION (E)(1) SHALL CONTAIN 12,240
THE FOLLOWING: 12,241
303
(a) A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER 12,244
ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR 12,245
OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY 12,246
AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, 12,247
OR PLAN WITH COVERAGE FOR THE CHILDREN;
(b) A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF 12,250
THE CHILD SUPPORT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO 12,251
OBTAIN HEALTH CARE INSURANCE FOR THE CHILDREN TO THE INSURER AT 12,252
THE TIME THAT THE EMPLOYER MAKES APPLICATION TO ENROLL THE
CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, 12,254
OR PLAN;
(c) A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED, 12,257
THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE 12,258
OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN THE HEALTH INSURANCE 12,259
COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN. 12,260
(d) A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE 12,263
FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE 12,264
CHILD SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE REQUIRED TO 12,265
OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS AFTER THE DATE 12,266
ON WHICH THE NOTICE IS SENT, FILES A WRITTEN REQUEST WITH THE 12,267
AGENCY REQUESTING MODIFICATION OF THE CHILD SUPPORT ORDER
PURSUANT TO SECTION 3113.216 OF THE REVISED CODE. 12,270
(F) A CHILD SUPPORT order issued under IN ACCORDANCE WITH, 12,273
OR ANY ORDER ISSUED UNDER DIVISION (D) OF, this section shall be 12,274
binding upon the obligor and the obligee, their employers, and 12,275
any insurer that provides health insurance coverage for either of 12,276
them or their children. The court shall send a copy of any THE 12,277
CHILD SUPPORT OR OTHER order issued under this section that 12,279
contains any requirement or notice described in division (C)(1), 12,280
(2), (3), (4), (7), (8), or (10) of this section by ordinary mail 12,281
to the obligor, the obligee, and any employer that is subject to 12,282
the order. The court shall send a copy of any order issued under 12,283
this section that contains any requirement contained in division 12,284
(C)(9) of this section by ordinary mail to the obligor and 12,285
304
obligee.
(F) If an obligor does not comply with any order issued 12,287
under this section that contains any requirement or notice 12,288
described in division (C)(1), (2), (4), (7), (8), or (10) of this 12,289
section within thirty days after the order is issued, the child 12,290
support enforcement agency shall notify the court in writing of 12,291
the failure of the obligor to comply with the order. Upon 12,292
receipt of the notice from the agency, the court shall issue an 12,293
order to the employer of the obligor requiring the employer to 12,294
take whatever action is necessary to make application to enroll 12,295
the obligor in any available group health insurance or health 12,296
care policy, contract, or plan with coverage for the children who 12,297
are the subject of the child support order, to submit a copy of 12,298
the court order issued pursuant to division (C) of this section 12,299
to the insurer at the time that the employer makes application to 12,300
enroll the children in the health insurance or health care 12,301
policy, contract, or plan, and, if the obligor's application is 12,302
accepted, to deduct from the wages or other income of the obligor 12,303
the cost of the coverage for the children. Upon receipt of any 12,304
order under this division, the employer shall take whatever 12,305
action is necessary to comply with the order. 12,306
(G)(1) During the time that any CHILD SUPPORT order issued 12,308
under IN ACCORDANCE WITH, OR ORDER ISSUED UNDER DIVISION (D) OF, 12,310
this section is in effect and after the employer has received a 12,311
copy of the order, the employer of the obligor who is the subject 12,312
of OR OBLIGEE REQUIRED TO COMPLY WITH the order shall comply with 12,314
the order and, upon request from the obligee OTHER PARENT or THE 12,315
agency, shall release to the obligee THAT PARENT and the child 12,316
support enforcement agency all information about the obligor's 12,317
health insurance coverage that is necessary to ensure compliance 12,318
with this section or any THE order issued under this section, 12,320
including, but not limited to, the name and address of the 12,321
insurer and any policy, contract, or plan number. Any 12,322
information provided by an employer pursuant to this division 12,323
305
shall be used only for the purpose of the enforcement of an THE 12,324
order issued under this section. 12,326
(2) Any employer who receives a copy of an order issued 12,328
under DESCRIBED IN DIVISION (G)(1) OF this section shall notify 12,330
the child support enforcement agency of any change in or the 12,331
termination of the obligor's health insurance coverage that is 12,332
maintained pursuant to an THE order issued under this section. 12,334
(G)(3) Any insurer that receives a copy of an order issued 12,336
under DESCRIBED IN DIVISION (G)(1) OF this section shall comply 12,338
with this section and any order issued under this section, 12,339
regardless of the residence of the children. If an insurer 12,340
provides health insurance coverage for the children who are the 12,341
subject of a child support order in accordance with an THE CHILD 12,342
SUPPORT order OR AN ORDER issued under DIVISION (D) OF this 12,343
section, the insurer shall reimburse the parent, who is 12,344
designated to receive reimbursement in the CHILD SUPPORT order 12,345
issued under this section, for covered out-of-pocket medical, 12,347
optical, hospital, dental, or prescription expenses incurred on 12,348
behalf of the children subject to the order.
(H) If an obligee under a child support order ISSUED IN 12,350
ACCORDANCE WITH SECTION 2151.23, 2151.231, 2151.33, 2151.36, 12,351
2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 12,352
3113.216, 3113.31, OR 3115.30 is eligible for medical assistance 12,354
under Chapter 5111. or 5115. of the Revised Code and the obligor 12,355
has obtained health insurance coverage pursuant to an order 12,356
issued under division (C) of this section, the obligee shall 12,357
notify any physician, hospital, or other provider of medical 12,358
services for which medical assistance is available of the name 12,359
and address of the obligor's insurer and of the number of the 12,360
obligor's health insurance or health care policy, contract, or 12,361
plan. Any physician, hospital, or other provider of medical 12,362
services for which medical assistance is available under Chapter 12,363
5111. or 5115. of the Revised Code who is notified under this 12,364
division of the existence of a health insurance or health care 12,365
306
policy, contract, or plan with coverage for children who are 12,366
eligible for medical assistance first shall bill the insurer for 12,367
any services provided for those children. If the insurer fails 12,368
to pay all or any part of a claim filed under this division by 12,369
the physician, hospital, or other medical services provider and 12,370
the services for which the claim is filed are covered by Chapter 12,371
5111. or 5115. of the Revised Code, the physician, hospital, or
other medical services provider shall bill the remaining unpaid 12,372
costs of the services in accordance with Chapter 5111. or 5115. 12,373
of the Revised Code. 12,374
(I) Any obligor who fails to comply with an A CHILD 12,376
SUPPORT order issued under IN ACCORDANCE WITH, OR AN ORDER ISSUED 12,378
UNDER DIVISION (D) OF, this section is liable to the obligee for 12,379
any medical expenses incurred as a result of the failure to 12,381
comply with the order. AN OBLIGEE WHO FAILS TO COMPLY WITH A 12,383
CHILD SUPPORT ORDER ISSUED IN ACCORDANCE WITH, OR AN ORDER ISSUED 12,384
UNDER DIVISION (D) OF, THIS SECTION IS LIABLE TO THE OBLIGOR FOR 12,386
ANY MEDICAL EXPENSES INCURRED AS A RESULT OF THE FAILURE TO 12,387
COMPLY WITH THE ORDER.
(J) Whoever violates an A CHILD SUPPORT order issued under 12,390
IN ACCORDANCE WITH, OR AN ORDER ISSUED UNDER DIVISION (D) OF, 12,391
this section may be punished as for contempt under Chapter 2705. 12,392
of the Revised Code. If an obligor is found in contempt under 12,393
that chapter for failing to comply with an A CHILD SUPPORT order 12,394
issued under IN ACCORDANCE WITH, OR AN ORDER ISSUED UNDER 12,395
DIVISION (D) OF, this section and if the obligor previously has 12,397
been found in contempt under that chapter, the court shall 12,398
consider the obligor's failure to comply with the court's order 12,399
as a change in circumstances for the purpose of modification of 12,400
the amount of support due under the child support order that is 12,401
the basis of the order issued under this section. 12,402
(K) Nothing in this section shall be construed to require 12,404
an insurer to accept for enrollment any child who does not meet 12,405
the underwriting standards of the health insurance or health care 12,406
307
policy, contract, or plan for which application is made. 12,407
(L) Notwithstanding section 3109.01 of the Revised Code, 12,409
if a court issues an order under this section requiring a parent 12,410
to obtain health insurance coverage for the children who are the 12,411
subject of a child support order, the order shall remain in 12,412
effect beyond the child's eighteenth birthday as long as the 12,413
child continuously attends on a full-time basis any recognized 12,414
and accredited high school. Any parent ordered to obtain health 12,415
insurance coverage for the children who are the subject of a 12,416
child support order shall continue to obtain the coverage for the 12,417
children under the order, including during seasonal vacation 12,418
periods, until the order terminates AN ORDER ISSUED PURSUANT TO 12,420
THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT TO 12,422
PROVIDE FOR THE HEALTH CARE NEEDS OF CHILDREN SUBJECT TO A CHILD 12,423
SUPPORT ORDER ISSUED PURSUANT TO SECTION 2151.23, 2151.231, 12,424
2151.33, 2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 12,425
3113.04, 3113.07, 3113.216, 3113.31, OR 3115.30 OF THE REVISED 12,427
CODE, SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL BE 12,428
CONSIDERED A REQUIREMENT INCLUDED AS PART OF THE CHILD SUPPORT 12,429
ORDER. THE CHILD SUPPORT ORDER SHALL BE SUBJECT TO THE 12,430
PROVISIONS OF THIS SECTION ON AND AFTER THE EFFECTIVE DATE OF 12,431
THIS AMENDMENT.
Sec. 3113.31. (A) As used in this section: 12,442
(1) "Domestic violence" means the occurrence of one or 12,444
more of the following acts against a family or household member: 12,445
(a) Attempting to cause or recklessly causing bodily 12,447
injury; 12,448
(b) Placing another person by the threat of force in fear 12,450
of imminent serious physical harm or committing a violation of 12,451
section 2903.211 or 2911.211 of the Revised Code; 12,452
(c) Committing any act with respect to a child that would 12,454
result in the child being an abused child, as defined in section 12,455
2151.031 of the Revised Code. 12,456
(2) "Court" means the domestic relations division of the 12,458
308
court of common pleas in counties that have a domestic relations 12,459
division, and the court of common pleas in counties that do not 12,460
have a domestic relations division. 12,461
(3) "Family or household member" means any of the 12,463
following: 12,464
(a) Any of the following who is residing with or has 12,466
resided with the respondent: 12,467
(i) A spouse, a person living as a spouse, or a former 12,469
spouse of the respondent; 12,470
(ii) A parent or a child of the respondent, or another 12,472
person related by consanguinity or affinity to the respondent; 12,473
(iii) A parent or a child of a spouse, person living as a 12,475
spouse, or former spouse of the respondent, or another person 12,476
related by consanguinity or affinity to a spouse, person living 12,477
as a spouse, or former spouse of the respondent. 12,478
(b) The natural parent of any child of whom the respondent 12,480
is the other natural parent. 12,481
(4) "Person living as a spouse" means a person who is 12,483
living or has lived with the respondent in a common law marital 12,484
relationship, who otherwise is cohabiting with the respondent, or 12,486
who otherwise has cohabited with the respondent within one year
prior to the date of the alleged occurrence of the act in 12,487
question. 12,488
(5) "Victim advocate" means a person who provides support 12,490
and assistance for a person who files a petition under this 12,491
section.
(B) The court has jurisdiction over all proceedings under 12,493
this section. The petitioner's right to relief under this 12,494
section is not affected by the petitioner's leaving the residence 12,495
or household to avoid further domestic violence. 12,496
(C) A person may seek relief under this section the person 12,498
on the person's own behalf, or any parent or adult household 12,499
member may seek relief under this section on behalf of any other 12,500
family or household member, by filing a petition with the court. 12,501
309
The petition shall contain or state: 12,502
(1) An allegation that the respondent engaged in domestic 12,504
violence against a family or household member of the respondent, 12,505
including a description of the nature and extent of the domestic 12,506
violence; 12,507
(2) The relationship of the respondent to the petitioner, 12,509
and to the victim if other than the petitioner; 12,510
(3) A request for relief under this section. 12,512
(D) If a person who files a petition pursuant to this 12,514
section requests an ex parte order, the court shall hold an ex 12,515
parte hearing on the same day that the petition is filed. The 12,516
court may, for good cause shown at the ex parte hearing, enter 12,517
any temporary orders, with or without bond, including, but not 12,518
limited to, an order described in division (E)(1)(a), (b), or (c) 12,519
of this section, that the court finds necessary to protect the 12,520
family or household member from domestic violence. Immediate and 12,521
present danger of domestic violence to the family or household 12,522
member constitutes good cause for purposes of this section. 12,523
Immediate and present danger includes, but is not limited to, 12,524
situations in which the respondent has threatened the family or 12,525
household member with bodily harm or in which the respondent has 12,526
previously engaged in domestic violence against the family or 12,527
household member. 12,528
If the court, after an ex parte hearing, issues an order 12,530
described in division (E)(1)(b) or (c) of this section, the court 12,531
shall schedule a full hearing that shall be held within seven 12,532
court days after the ex parte hearing. If any other type of 12,533
protection order that is authorized under division (E) of this 12,534
section is issued by the court after an ex parte hearing, the 12,535
full hearing shall be held within ten days after the ex parte 12,536
hearing. The respondent shall be given notice of, and an 12,537
opportunity to be heard at, the full hearing. 12,538
If a person who files a petition pursuant to this section 12,540
does not request an ex parte order, or if a person requests an ex 12,541
310
parte order but the court does not issue an ex parte order after 12,542
an ex parte hearing, the court shall proceed as in a normal civil 12,543
action and grant a full hearing on the matter. 12,544
(E)(1) After an ex parte or full hearing, the court may 12,546
grant any protection order, with or without bond, or approve any 12,547
consent agreement to bring about a cessation of domestic violence 12,548
against the family or household members. The order or agreement 12,549
may: 12,550
(a) Direct the respondent to refrain from abusing the 12,552
family or household members; 12,553
(b) Grant possession of the residence or household to the 12,555
petitioner or other family or household member, to the exclusion 12,556
of the respondent, by evicting the respondent, when the residence 12,557
or household is owned or leased solely by the petitioner or other 12,558
family or household member, or by ordering the respondent to 12,559
vacate the premises, when the residence or household is jointly 12,560
owned or leased by the respondent, and the petitioner or other 12,561
family or household member; 12,562
(c) When the respondent has a duty to support the 12,564
petitioner or other family or household member living in the 12,565
residence or household and the respondent is the sole owner or 12,566
lessee of the residence or household, grant possession of the 12,567
residence or household to the petitioner or other family or 12,568
household member, to the exclusion of the respondent, by ordering 12,569
the respondent to vacate the premises, or, in the case of a 12,570
consent agreement, allow the respondent to provide suitable, 12,571
alternative housing; 12,572
(d) Temporarily allocate parental rights and 12,574
responsibilities for the care of, or establish temporary 12,576
visitation rights with regard to, minor children, if no other 12,577
court has determined, or is determining, the allocation of 12,578
parental rights and responsibilities for the minor children or 12,579
visitation rights; 12,580
(e) Require the respondent to maintain support, if the 12,582
311
respondent customarily provides for or contributes to the support 12,583
of the family or household member, or if the respondent has a 12,584
duty to support the petitioner or family or household member; 12,585
(f) Require the respondent, petitioner, victim of domestic 12,587
violence, or any combination of those persons, to seek 12,588
counseling; 12,589
(g) Require the respondent to refrain from entering the 12,591
residence, school, business, or place of employment of the 12,592
petitioner or family or household member; 12,593
(h) Grant other relief that the court considers equitable 12,595
and fair, including, but not limited to, ordering the respondent 12,596
to permit the use of a motor vehicle by the petitioner or other 12,597
family or household member and the apportionment of household and 12,598
family personal property. 12,599
(2) If a protection order has been issued pursuant to this 12,601
section in a prior action involving the respondent and the 12,602
petitioner or one or more of the family or household members, the 12,603
court may include in a protection order that it issues a 12,604
prohibition against the respondent returning to the residence or 12,605
household and a prohibition against the petitioner inviting or 12,606
admitting the respondent to the residence or household while the 12,607
order is in effect. 12,608
(3)(a) Any protection order or approved consent agreement 12,610
shall be valid until a date certain, but not later than two years 12,611
from the date of its issuance or approval. 12,612
(b) Subject to the limitation on the duration of an order 12,614
or agreement set forth in division (E)(3)(a) of this section, any 12,615
order under division (E)(1)(d) of this section shall terminate on 12,616
the date that a court in an action for divorce, dissolution of 12,618
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and 12,619
responsibilities for the care of children or on the date that a 12,620
juvenile court in an action brought by the petitioner or 12,621
respondent issues an order awarding legal custody of minor 12,622
312
children. Subject to the limitation on the duration of an order
or agreement set forth in division (E)(3)(a) of this section, any 12,623
order under division (E)(1)(e) of this section shall terminate on 12,624
the date that a court in an action for divorce, dissolution of 12,625
marriage, or legal separation brought by the petitioner or 12,626
respondent issues a support order or on the date that a juvenile 12,627
court in an action brought by the petitioner or respondent issues
a support order. 12,628
(c) Any protection order issued or consent agreement 12,631
approved pursuant to this section may be renewed in the same 12,632
manner as the original order or agreement was issued or approved. 12,633
(4) A court may not issue a protection order that requires 12,635
a petitioner to do or to refrain from doing an act that the court 12,636
may require a respondent to do or to refrain from doing under 12,637
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 12,638
section unless all of the following apply:
(a) The respondent files a separate petition for a 12,640
protection order in accordance with this section. 12,641
(b) The petitioner is served notice of the respondent's 12,643
petition at least forty-eight hours before the court holds a 12,644
hearing with respect to the respondent's petition, or the 12,645
petitioner waives the right to receive this notice. 12,646
(c) If the petitioner has requested an ex parte order 12,648
pursuant to division (D) of this section, the court does not 12,649
delay any hearing required by that division beyond the time 12,650
specified in that division in order to consolidate the hearing 12,651
with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents 12,653
evidence in support of the request for a protection order and the 12,654
petitioner is afforded an opportunity to defend against that 12,655
evidence, the court determines that the petitioner has committed 12,656
an act of domestic violence or has violated a temporary 12,657
protection order issued pursuant to section 2919.26 of the
Revised Code, that both the petitioner and the respondent acted 12,658
313
primarily as aggressors, and that neither the petitioner nor the 12,659
respondent acted primarily in self-defense. 12,660
(5) No order or agreement under this section shall in any 12,662
manner affect title to any real property. 12,663
(6)(a) If a petitioner, or the child of a petitioner, who 12,665
obtains a protection order or consent agreement pursuant to 12,666
division (E)(1) of this section or a temporary protection order 12,667
pursuant to section 2919.26 of the Revised Code and is the 12,668
subject of a visitation or companionship order issued pursuant to 12,669
section 3109.051, 3109.11, or 3109.12 of the Revised Code or 12,670
division (E)(1)(d) of this section granting visitation or 12,671
companionship rights to the respondent, the court may require the 12,672
public children services agency of the county in which the court 12,673
is located to provide supervision of the respondent's exercise of
visitation or companionship rights with respect to the child for 12,674
a period not to exceed nine months, if the court makes the 12,675
following findings of fact: 12,676
(i) The child is in danger from the respondent; 12,678
(ii) No other person or agency is available to provide the 12,680
supervision or other services. 12,681
(b) A court that requires an agency to provide supervision 12,683
or other services pursuant to division (E)(6)(a) of this section 12,685
shall order the respondent to reimburse the agency for the cost 12,686
of providing the supervision or other services, if it determines
that the respondent has sufficient income or resources to pay 12,687
that cost.
(F)(1) A copy of any protection order, or consent 12,689
agreement, that is issued or approved under this section shall be 12,690
issued by the court to the petitioner, to the respondent, and to 12,691
all law enforcement agencies that have jurisdiction to enforce 12,692
the order or agreement. The court shall direct that a copy of an 12,693
order be delivered to the respondent on the same day that the 12,694
order is entered. 12,695
(2) All law enforcement agencies shall establish and 12,697
314
maintain an index for the protection orders and the approved 12,698
consent agreements delivered to the agencies pursuant to division 12,699
(F)(1) of this section. With respect to each order and consent 12,700
agreement delivered, each agency shall note on the index, the 12,701
date and time that it received the order or consent agreement. 12,702
(3) Regardless of whether the petitioner has registered 12,704
the order or agreement in the county in which the officer's 12,705
agency has jurisdiction pursuant to division (N) of this section, 12,706
any officer of a law enforcement agency shall enforce a 12,708
protection order issued or consent agreement approved by any
court in this state in accordance with the provisions of the 12,710
order or agreement, including removing the respondent from the 12,711
premises, if appropriate.
(G) Any proceeding under this section shall be conducted 12,713
in accordance with the Rules of Civil Procedure, except that an 12,714
order under this section may be obtained with or without bond. 12,715
The remedies and procedures provided in this section are in 12,716
addition to, and not in lieu of, any other available civil or 12,717
criminal remedies. 12,718
(H) The filing of proceedings under this section does not 12,720
excuse a person from filing any report or giving any notice 12,721
required by section 2151.421 of the Revised Code or by any other 12,722
law. When a petition under this section alleges domestic 12,723
violence against minor children, the court shall report the fact, 12,724
or cause reports to be made, to a county, township, or municipal 12,725
peace officer under section 2151.421 of the Revised Code. 12,726
(I) Any law enforcement agency that investigates a 12,728
domestic dispute shall provide information to the family or 12,729
household members involved regarding the relief available under 12,730
this section and section 2919.26 of the Revised Code. 12,731
(J) Notwithstanding any provision of law to the contrary, 12,733
no court shall charge a fee for the filing of a petition pursuant 12,734
to this section. 12,735
(K)(1) Each order for support made or modified under this 12,737
315
section on or after December 31, 1993, shall include as part of 12,738
the order a general provision, as described in division (A)(1) of 12,739
section 3113.21 of the Revised Code, requiring the withholding or 12,740
deduction of wages INCOME or assets of the obligor under the 12,741
order as described in division (D) of section 3113.21 of the 12,743
Revised Code or another type of appropriate requirement as 12,744
described in division (D)(6)(3), (D)(7)(4), or (H) of that 12,745
section, to ensure that withholding or deduction from the wages 12,747
INCOME or assets of the obligor is available from the 12,749
commencement of the support order for collection of the support 12,750
and of any arrearages that occur; a statement requiring all 12,751
parties to the order to notify the child support enforcement 12,752
agency in writing of their current mailing address, their current 12,753
residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT 12,755
DRIVER'S LICENSE NUMBER, and any changes in either address TO 12,756
THAT INFORMATION; and a notice that the requirement to notify the 12,757
agency of all changes in either address TO THAT INFORMATION 12,758
continues until further notice from the court. The court shall 12,760
comply with sections 3113.21 to 3113.219 of the Revised Code when 12,761
it makes or modifies an order for child support under this 12,762
section on or after April 12, 1990. 12,763
If any person required to pay child support under an order 12,765
made under this section on or after April 15, 1985, or modified 12,766
under this section on or after December 31, 1986, is found in 12,767
contempt of court for failure to make support payments under the 12,768
order, the court that makes the finding, in addition to any other 12,769
penalty or remedy imposed, shall assess all court costs arising 12,770
out of the contempt proceeding against the person and require the 12,771
person to pay any reasonable attorney's fees of any adverse 12,772
party, as determined by the court, that arose in relation to the 12,773
act of contempt. 12,774
(2) Notwithstanding section 3109.01 of the Revised Code, 12,776
if a court issues a child support order under this section, the 12,777
order shall remain in effect beyond the child's eighteenth 12,778
316
birthday as long as the child continuously attends on a full-time 12,779
basis any recognized and accredited high school. Any parent 12,780
ordered to pay support under a child support order issued under 12,781
this section shall continue to pay support under the order, 12,782
including during seasonal vacation periods, until the order 12,783
terminates. 12,784
(L)(1) A person who violates a protection order issued or 12,786
a consent agreement approved under this section is subject to the 12,787
following sanctions: 12,788
(a) Criminal prosecution for a violation of section 12,790
2919.27 of the Revised Code, if the violation of the protection 12,791
order or consent agreement constitutes a violation of that 12,792
section; 12,793
(b) Punishment for contempt of court. 12,795
(2) The punishment of a person for contempt of court for 12,797
violation of a protection order issued or a consent agreement 12,798
approved under this section does not bar criminal prosecution of 12,799
the person for a violation of section 2919.27 of the Revised 12,800
Code. However, a person punished for contempt of court is 12,801
entitled to credit for the punishment imposed upon conviction of 12,802
a violation of that section, and a person convicted of a 12,803
violation of that section shall not subsequently be punished for 12,804
contempt of court arising out of the same activity. 12,805
(M) In all stages of a proceeding under this section, a 12,807
petitioner may be accompanied by a victim advocate. 12,808
(N)(1) A petitioner who obtains a protection order or 12,810
consent agreement under this section or a temporary protection 12,811
order under section 2919.26 of the Revised Code may provide 12,812
notice of the issuance or approval of the order or agreement to 12,813
the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is 12,814
approved by registering that order or agreement in the other 12,815
county pursuant to division (N)(2) of this section and filing a 12,816
copy of the registered order or registered agreement with a law 12,817
317
enforcement agency in the other county in accordance with that 12,818
division.
(2) A petitioner may register a temporary protection 12,820
order, protection order, or consent agreement in a county other 12,821
than the county in which the court that issued the order or 12,822
approved the agreement is located in the following manner: 12,823
(a) The petitioner shall obtain a certified copy of the 12,825
order or agreement from the clerk of the court that issued the 12,826
order or approved the agreement and present that certified copy 12,827
to the clerk of the court of common pleas or the clerk of a 12,828
municipal court or county court in the county in which the order 12,829
or agreement is to be registered. 12,830
(b) Upon accepting the certified copy of the order or 12,832
agreement for registration, the clerk of the court of common 12,833
pleas, municipal court, or county court shall place an 12,834
endorsement of registration on the order or agreement and give 12,835
the petitioner a copy of the order or agreement that bears that 12,836
proof of registration. 12,837
(3) The clerk of each court of common pleas, the clerk of 12,839
each municipal court, and the clerk of each county court shall 12,840
maintain a registry of certified copies of temporary protection 12,841
orders, protection orders, or consent agreements that have been 12,842
issued or approved by courts in other counties and that have been 12,843
registered with the clerk. 12,844
(4) If a petitioner who obtains a protection order or 12,846
consent agreement under this section or a temporary protection 12,847
order under section 2919.26 of the Revised Code wishes to 12,848
register the order or agreement in any county other than the 12,849
county in which the order was issued or the agreement was
approved, pursuant to divisions (N)(1) to (3) of this section, 12,850
and if the petitioner is indigent, both of the following apply: 12,851
(a) If the petitioner submits to the clerk of the court 12,853
that issued the order or approved the agreement satisfactory 12,854
proof that the petitioner is indigent, the clerk may waive any 12,855
318
fee that otherwise would be required for providing the petitioner 12,856
with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section; 12,857
(b) If the petitioner submits to the clerk of the court of 12,859
common pleas or the clerk of a municipal court or county court in 12,860
the county in which the order or agreement is to be registered 12,862
satisfactory proof that the petitioner is indigent, the clerk may 12,863
waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for 12,864
placing an endorsement of registration on the order or agreement, 12,865
or for giving the petitioner a copy of the order or agreement 12,866
that bears the proof of registration. 12,867
Sec. 3113.99. (A) For purposes of this section: 12,877
(1) "Child support order" means an order for support 12,879
issued or modified under Chapter 3115. or section 2151.23, 12,880
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3111.13, 3113.04, 12,881
3113.07, 3113.216, or 3113.31 of the Revised Code. 12,882
(2) "Obligor" means a person who is required to pay 12,884
support under a child support order. 12,885
(B) Whoever violates section 3113.06 of the Revised Code 12,887
is guilty of a misdemeanor of the first degree. If the offender 12,888
previously has been convicted of or pleaded guilty to a violation 12,889
of section 3113.06 of the Revised Code or if the court finds that 12,890
the offender has failed to pay the cost of child maintenance 12,891
under section 3113.06 of the Revised Code for a total accumulated 12,892
period of twenty-six weeks out of one hundred four consecutive 12,893
weeks, whether or not the twenty-six weeks were consecutive, a
violation of section 3113.06 of the Revised Code is a felony of 12,894
the fifth degree. 12,895
(C) An obligor who violates division (D)(1)(c) of section 12,898
3113.21 of the Revised Code shall be fined not more than fifty 12,899
dollars for a first offense, not more than one hundred dollars 12,900
for a second offense, and not more than five hundred dollars for 12,901
each subsequent offense.
319
(D) An obligor who violates division (G)(2) of section 12,903
3113.21 of the Revised Code shall be fined not more than fifty 12,904
dollars for a first offense, not more than one hundred dollars 12,906
for a second offense, and not more than five hundred dollars for 12,907
each subsequent offense.
(E) A fine amount imposed pursuant to division (C) or (D) 12,910
of this section shall be paid to the DIVISION OF child support
enforcement agency administering the obligor's child support 12,912
order IN THE DEPARTMENT OF HUMAN SERVICES. The amount of the 12,913
fine that does not exceed the amount of arrearage under the child 12,914
support order shall be disbursed in accordance with the child 12,915
support order. The amount of the fine that exceeds the amount of 12,916
the arrearage order shall be used by the agency for the 12,918
administration of its program for child support enforcement 12,919
TREATED AS AN ADMINISTRATIVE FEE COLLECTED IN ACCORDANCE WITH 12,920
SECTION 5101.325 OF THE REVISED CODE.
Sec. 3115.01. AS USED IN SECTIONS 3115.01 TO 3115.56 OF 12,922
THE REVISED CODE:
(A) "CHILD" MEANS AN INDIVIDUAL UNDER THE AGE OF MAJORITY, 12,924
WHO IS OR IS ALLEGED TO BE OWED A DUTY OF SUPPORT BY THE 12,925
INDIVIDUAL'S PARENT OR WHO IS OR IS ALLEGED TO BE THE BENEFICIARY 12,926
OF A SUPPORT ORDER DIRECTED TO THE PARENT. 12,927
(B) "CHILD-SUPPORT ORDER" MEANS AN ORDER FOR THE SUPPORT 12,929
OF A CHILD THAT PROVIDES FOR MONETARY SUPPORT, WHETHER CURRENT OR 12,930
IN ARREARS, HEALTH CARE, OR REIMBURSEMENTS, AND MAY INCLUDE 12,931
RELATED COSTS AND FEES, INTEREST, INCOME WITHHOLDING 12,932
REQUIREMENTS, ATTORNEY FEES, AND OTHER RELIEF. "CHILD-SUPPORT 12,933
ORDER" INCLUDES ORDERS UNDER WHICH THE CHILD HAS ATTAINED THE AGE 12,934
OF MAJORITY UNDER THE LAW OF THE ISSUING STATE AND ARREARAGES ARE
OWED UNDER THE ORDER. 12,935
(C) "DUTY OF SUPPORT" MEANS AN OBLIGATION IMPOSED OR THAT 12,937
MAY BE IMPOSED UNDER LAW TO PROVIDE SUPPORT FOR A CHILD, SPOUSE, 12,938
OR FORMER SPOUSE, INCLUDING AN UNSATISFIED OBLIGATION TO PROVIDE 12,939
SUPPORT.
320
(D) "HOME STATE" MEANS THE STATE IN WHICH A CHILD LIVED 12,941
WITH A PARENT OR A PERSON ACTING AS A PARENT FOR AT LEAST SIX 12,942
CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE TIME OF FILING OF A 12,943
COMPLAINT OR COMPARABLE PLEADING FOR SUPPORT AND, IF A CHILD IS 12,944
LESS THAN SIX MONTHS OLD, THE STATE IN WHICH THE CHILD LIVED FROM 12,945
BIRTH WITH ANY OF THEM A PERIOD OF TEMPORARY ABSENCE OF ANY OF 12,946
THEM IS COUNTED AS PART OF THE SIX-MONTH OR OTHER PERIOD.
(E) "INCOME" INCLUDES EARNINGS OR OTHER PERIODIC 12,948
ENTITLEMENTS TO MONEY FROM ANY SOURCE AND ANY OTHER PROPERTY 12,949
SUBJECT TO WITHHOLDING FOR SUPPORT UNDER THE LAW OF THIS STATE. 12,950
(F) "INCOME-WITHHOLDING ORDER" MEANS AN ORDER OR OTHER 12,952
LEGAL PROCESS THAT REQUIRES SUPPORT AMOUNTS UNDER A SUPPORT ORDER 12,953
TO BE WITHHELD FROM THE INCOME OF THE OBLIGOR. 12,954
(G) "INITIATING STATE" MEANS A STATE FROM WHICH A 12,956
PROCEEDING IS FORWARDED OR IN WHICH A PROCEEDING IS FILED FOR 12,957
FORWARDING TO A RESPONDING STATE UNDER SECTIONS 3115.01 TO 12,958
3115.56 OF THE REVISED CODE OR A LAW OR PROCEDURE SUBSTANTIALLY 12,959
SIMILAR TO THOSE SECTIONS, THE UNIFORM RECIPROCAL ENFORCEMENT OF
SUPPORT ACT, OR THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF 12,960
SUPPORT ACT.
(H) "INITIATING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN 12,962
AN INITIATING STATE. 12,963
(I) "ISSUING STATE" MEANS THE STATE IN WHICH A TRIBUNAL 12,965
ISSUES A SUPPORT ORDER OR RENDERS A JUDGMENT DETERMINING 12,966
PARENTAGE.
(J) "ISSUING TRIBUNAL" MEANS THE TRIBUNAL THAT ISSUES A 12,968
SUPPORT ORDER OR RENDERS A JUDGMENT DETERMINING THE EXISTENCE OR 12,969
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP. 12,970
(K) "LAW" INCLUDES DECISIONAL AND STATUTORY LAW AND RULES 12,972
AND REGULATIONS HAVING THE FORCE OF LAW. 12,973
(L) "OBLIGEE" MEANS ANY OF THE FOLLOWING: 12,975
(1) AN INDIVIDUAL TO WHOM A DUTY OF SUPPORT IS OR IS 12,977
ALLEGED TO BE OWED OR IN WHOSE FAVOR A SUPPORT ORDER HAS BEEN 12,978
ISSUED OR A JUDGMENT DETERMINING PARENTAGE HAS BEEN RENDERED; 12,979
321
(2) A STATE OR POLITICAL SUBDIVISION TO WHICH THE RIGHTS 12,981
UNDER A DUTY OF SUPPORT OR SUPPORT ORDER HAVE BEEN ASSIGNED OR 12,982
WHICH HAS INDEPENDENT CLAIMS BASED ON FINANCIAL ASSISTANCE 12,983
PROVIDED TO AN INDIVIDUAL OBLIGEE;
(3) AN INDIVIDUAL SEEKING A JUDGMENT DETERMINING PARENTAGE 12,985
OF THE INDIVIDUAL'S CHILD. 12,986
(M) "OBLIGOR" MEANS AN INDIVIDUAL, OR THE ESTATE OF A 12,988
DECEDENT TO WHICH ANY OF THE FOLLOWING APPLIES: 12,989
(1) OWES OR IS ALLEGED TO OWE A DUTY OF SUPPORT; 12,991
(2) IS ALLEGED BUT HAS NOT BEEN ADJUDICATED TO BE A PARENT 12,993
OF A CHILD;
(3) IS LIABLE UNDER A SUPPORT ORDER. 12,995
(N) "REGISTER" MEANS TO FILE A SUPPORT ORDER OR JUDGMENT 12,997
DETERMINING THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD 12,998
RELATIONSHIP IN A REGISTERING TRIBUNAL. 12,999
(O) "REGISTERING TRIBUNAL" MEANS A TRIBUNAL IN WHICH A 13,001
SUPPORT ORDER IS REGISTERED. 13,002
(P) "RESPONDING STATE" MEANS A STATE IN WHICH A PROCEEDING 13,004
IS FILED OR TO WHICH A PROCEEDING IS FORWARDED FOR FILING FROM AN 13,005
INITIATING STATE UNDER SECTIONS 3115.01 TO 3115.56 OF THE REVISED 13,006
CODE OR A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR TO THOSE 13,007
SECTIONS, THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR 13,008
THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
(Q) "RESPONDING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN 13,010
A RESPONDING STATE. 13,011
(R) "REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT 13,013
ACT" MEANS THE ACT ADDRESSING INTERSTATE ENFORCEMENT OF SUPPORT 13,014
ORDERS ADOPTED IN 1968 BY THE NATIONAL CONFERENCE OF 13,015
COMMISSIONERS ON UNIFORM STATE LAWS OR ANY LAW SUBSTANTIALLY 13,016
SIMILAR TO THE ACT ADOPTED BY ANOTHER STATE. 13,017
(S) "SPOUSAL-SUPPORT ORDER" MEANS AN ORDER FOR THE SUPPORT 13,019
OF A SPOUSE OR FORMER SPOUSE THAT PROVIDES FOR MONETARY SUPPORT, 13,020
WHETHER CURRENT OR IN ARREARS, HEALTH CARE, OR REIMBURSEMENTS, 13,021
AND MAY INCLUDE RELATED COSTS AND FEES, INTEREST, INCOME 13,022
322
WITHHOLDING REQUIREMENTS, ATTORNEY FEES, AND OTHER RELIEF. 13,023
(T) "STATE" HAS THE SAME MEANING AS IN SECTION 1.59 OF THE 13,025
REVISED CODE, EXCEPT THAT IT ALSO INCLUDES BOTH OF THE FOLLOWING: 13,026
(1) AN INDIAN TRIBE; 13,028
(2) A FOREIGN JURISDICTION THAT HAS ENACTED A LAW OR 13,030
ESTABLISHED PROCEDURES FOR ISSUANCE AND ENFORCEMENT OF SUPPORT 13,031
ORDERS THAT ARE SUBSTANTIALLY SIMILAR TO THE PROCEDURES UNDER 13,032
SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE, THE UNIFORM 13,033
RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM 13,034
RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
(U) "SUPPORT ENFORCEMENT AGENCY" MEANS A PUBLIC OFFICIAL 13,036
OR AGENCY AUTHORIZED TO DO ANY OF THE FOLLOWING: 13,037
(1) SEEK ENFORCEMENT OF SUPPORT ORDERS OR LAWS RELATING TO 13,039
THE DUTY OF SUPPORT; 13,040
(2) SEEK ESTABLISHMENT OR MODIFICATION OF CHILD SUPPORT; 13,042
(3) SEEK DETERMINATION OF THE EXISTENCE OR NON-EXISTENCE 13,044
OF A PARENT AND CHILD RELATIONSHIP; 13,045
(4) LOCATE OBLIGORS OR THEIR ASSETS. 13,047
(V) "SUPPORT ORDER" MEANS A SPOUSAL-SUPPORT ORDER OR 13,049
CHILD-SUPPORT ORDER. 13,050
(W) "TRIBUNAL" MEANS ANY TRIAL COURT OF RECORD OF THIS 13,052
STATE AND WHEN THE CONTEXT REQUIRES, A COURT, ADMINISTRATIVE 13,053
AGENCY, OR QUASI-JUDICIAL ENTITY OF ANY OTHER STATE AUTHORIZED TO 13,054
ESTABLISH, ENFORCE, OR MODIFY SUPPORT ORDERS OR TO DETERMINE 13,055
PARENTAGE.
(X) "UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT" MEANS 13,057
THE ACT ADDRESSING INTERSTATE ENFORCEMENT OF SUPPORT ORDERS 13,058
ADOPTED IN 1950 AND AMENDED IN 1952 AND 1958 BY THE NATIONAL 13,059
CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS OR ANY LAW 13,061
SUBSTANTIALLY SIMILAR TO THE ACT ADOPTED BY ANOTHER STATE.
Sec. 3115.02. REMEDIES PROVIDED BY SECTIONS 3115.01 TO 13,063
3115.56 OF THE REVISED CODE ARE IN ADDITION TO, NOT IN 13,064
SUBSTITUTION FOR, ANY OTHER REMEDIES.
Sec. 3115.03. IN A PROCEEDING TO ESTABLISH, ENFORCE, OR 13,066
323
MODIFY A SUPPORT ORDER OR TO DETERMINE THE EXISTENCE OR 13,067
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, A TRIBUNAL OF 13,068
THIS STATE MAY EXERCISE PERSONAL JURISDICTION OVER A NONRESIDENT 13,069
INDIVIDUAL IF ANY OF THE FOLLOWING IS THE CASE: 13,070
(A) THE INDIVIDUAL IS PERSONALLY SERVED WITH SUMMONS 13,073
WITHIN THIS STATE;
(B) THE INDIVIDUAL SUBMITS TO THE JURISDICTION OF THIS 13,075
STATE BY CONSENT, BY ENTERING A GENERAL APPEARANCE, OR BY FILING 13,076
A RESPONSIVE PLEADING OR OTHER DOCUMENT HAVING THE EFFECT OF 13,077
WAIVING ANY CONTEST TO PERSONAL JURISDICTION; 13,079
(C) THE INDIVIDUAL RESIDED WITH THE CHILD IN THIS STATE; 13,081
(D) THE INDIVIDUAL RESIDED IN THIS STATE AND PROVIDED 13,083
PRENATAL EXPENSES OR SUPPORT FOR THE CHILD; 13,084
(E) THE CHILD RESIDES IN THIS STATE AS A RESULT OF THE 13,086
ACTS OR DIRECTIVES OF THE INDIVIDUAL; 13,087
(F) THE INDIVIDUAL ENGAGED IN SEXUAL INTERCOURSE IN THIS 13,089
STATE AND THE CHILD MAY HAVE BEEN CONCEIVED BY THAT ACT OF 13,090
INTERCOURSE; 13,091
(G) THE INDIVIDUAL REGISTERED IN THE PUTATIVE FATHER 13,094
REGISTRY MAINTAINED PURSUANT TO SECTION 3107.062 OF THE REVISED
CODE;
(H) THERE IS ANY OTHER BASIS FOR THE STATE TO EXERCISE 13,098
PERSONAL JURISDICTION OVER THE INDIVIDUAL.
Sec. 3115.04. A TRIBUNAL OF THIS STATE EXERCISING PERSONAL 13,100
JURISDICTION OVER A NONRESIDENT UNDER SECTION 3115.03 OF THE 13,101
REVISED CODE MAY APPLY SECTION 3115.27 OF THE REVISED CODE TO 13,102
OBTAIN EVIDENCE FROM ANOTHER STATE AND SECTION 3115.29 OF THE 13,103
REVISED CODE TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF ANOTHER 13,104
STATE. IN ALL OTHER RESPECTS, SECTIONS 3115.12 TO 3115.52 OF THE 13,105
REVISED CODE ARE NOT APPLICABLE AND THE TRIBUNAL SHALL APPLY THE 13,106
PROCEDURAL AND SUBSTANTIVE LAW OF THIS STATE, INCLUDING THE RULES 13,107
ON CHOICE OF LAW OTHER THAN THOSE ESTABLISHED BY SECTIONS 3115.01 13,108
TO 3115.56 OF THE REVISED CODE.
Sec. 3115.05. UNDER SECTIONS 3115.01 TO 3115.56 OF THE 13,110
324
REVISED CODE, A TRIBUNAL OF THIS STATE MAY SERVE AS AN INITIATING 13,112
TRIBUNAL TO FORWARD PROCEEDINGS TO ANOTHER STATE AND AS A 13,113
RESPONDING TRIBUNAL FOR PROCEEDINGS INITIATED IN ANOTHER STATE. 13,114
Sec. 3115.06. (A) A TRIBUNAL OF THIS STATE MAY EXERCISE 13,116
JURISDICTION TO ISSUE A SUPPORT ORDER IF THE COMPLAINT OR 13,118
COMPARABLE PLEADING IS FILED IN THIS STATE AFTER A COMPLAINT OR 13,119
COMPARABLE PLEADING REQUESTING THE ISSUANCE OF A SUPPORT ORDER IS 13,120
FILED IN ANOTHER STATE ONLY IF ALL OF THE FOLLOWING APPLY: 13,121
(1) THE COMPLAINT OR COMPARABLE PLEADING IS FILED IN THIS 13,124
STATE BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THE OTHER
STATE FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE 13,125
OF JURISDICTION BY THE OTHER STATE; 13,126
(2) THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF 13,128
JURISDICTION IN THE OTHER STATE; 13,129
(3) WITH RESPECT TO ACTIONS TO ISSUE CHILD-SUPPORT ORDERS, 13,131
THIS STATE IS THE HOME STATE OF THE CHILD. 13,132
(B) A TRIBUNAL OF THIS STATE MAY NOT EXERCISE JURISDICTION 13,134
TO ISSUE A SUPPORT ORDER IF THE COMPLAINT OR COMPARABLE PLEADING 13,136
IS FILED IN THIS STATE BEFORE A COMPLAINT OR COMPARABLE PLEADING
REQUESTING THE ISSUANCE OF A SUPPORT ORDER IS FILED IN ANOTHER 13,138
STATE IF ANY OF THE FOLLOWING IS THE CASE:
(1) THE COMPLAINT OR COMPARABLE PLEADING IS FILED IN THE 13,141
OTHER STATE BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THIS
STATE FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE 13,143
OF JURISDICTION BY THIS STATE. 13,144
(2) THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF 13,146
JURISDICTION IN THIS STATE. 13,147
(3) WITH RESPECT TO ACTIONS TO ISSUE CHILD-SUPPORT ORDERS, 13,149
THE OTHER STATE IS THE HOME STATE OF THE CHILD. 13,151
Sec. 3115.07. (A) A TRIBUNAL OF THIS STATE HAS 13,154
CONTINUING, EXCLUSIVE JURISDICTION OVER A CHILD-SUPPORT ORDER IT 13,156
ISSUES AS LONG AS THE OBLIGOR, INDIVIDUAL OBLIGEE, OR CHILD 13,158
SUBJECT TO THE CHILD-SUPPORT ORDER IS A RESIDENT OF THIS STATE, 13,159
UNLESS ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED WRITTEN 13,161
325
CONSENTS WITH THE TRIBUNAL OF THIS STATE FOR A TRIBUNAL OF 13,162
ANOTHER STATE TO MODIFY THE ORDER AND ASSUME CONTINUING,
EXCLUSIVE JURISDICTION. 13,163
(B) A TRIBUNAL OF THIS STATE MAY NOT EXERCISE CONTINUING 13,167
JURISDICTION TO MODIFY A CHILD-SUPPORT ORDER IT ISSUES IF THE
ORDER IS MODIFIED BY A TRIBUNAL OF ANOTHER STATE PURSUANT TO A 13,169
LAW ADOPTED BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO
SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE. 13,170
(C) IF A CHILD-SUPPORT ORDER ISSUED BY A TRIBUNAL OF THIS 13,172
STATE IS MODIFIED BY A TRIBUNAL OF ANOTHER STATE PURSUANT TO A 13,174
LAW ADOPTED BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO 13,175
SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE, THE TRIBUNAL OF
THIS STATE LOSES ITS CONTINUING, EXCLUSIVE JURISDICTION WITH 13,177
REGARD TO PROSPECTIVE ENFORCEMENT OF THE ORDER, AND MAY DO ONLY 13,179
THE FOLLOWING:
(1) ORDER COLLECTION OF SUPPORT AMOUNTS ACCRUING BEFORE 13,182
THE MODIFICATION OF THE ORDER;
(2) ENFORCE NONMODIFIABLE ASPECTS OF THAT ORDER; 13,184
(3) PROVIDE OTHER APPROPRIATE RELIEF FOR VIOLATIONS OF THE 13,186
ORDER THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THE 13,187
MODIFICATION. 13,188
(D) A TRIBUNAL OF THIS STATE SHALL RECOGNIZE THE 13,190
CONTINUING, EXCLUSIVE JURISDICTION OF A TRIBUNAL OF ANOTHER STATE 13,191
THAT HAS ISSUED A CHILD-SUPPORT ORDER PURSUANT TO A LAW ADOPTED 13,193
BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO SECTIONS
3115.01 TO 3115.56 OF THE REVISED CODE. 13,194
(E) A TEMPORARY SUPPORT ORDER ISSUED EX PARTE OR PENDING 13,196
RESOLUTION OF A JURISDICTIONAL CONFLICT DOES NOT CREATE 13,197
CONTINUING, EXCLUSIVE JURISDICTION IN THE ISSUING TRIBUNAL. 13,198
(F) A TRIBUNAL OF THIS STATE HAS CONTINUING, EXCLUSIVE 13,201
JURISDICTION OVER A SPOUSAL-SUPPORT ORDER IT ISSUES THROUGHOUT 13,202
THE EXISTENCE OF THE SUPPORT OBLIGATION. A TRIBUNAL OF THIS 13,203
STATE MAY NOT MODIFY A SPOUSAL-SUPPORT ORDER ISSUED BY A TRIBUNAL 13,204
OF ANOTHER STATE HAVING CONTINUING, EXCLUSIVE JURISDICTION OVER 13,205
326
THAT ORDER UNDER THE LAW OF THAT STATE. 13,206
Sec. 3115.08. (A) A TRIBUNAL OF THIS STATE MAY SERVE AS 13,208
AN INITIATING TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO 13,210
ENFORCE OR MODIFY A SUPPORT ORDER ISSUED IN THAT STATE. 13,211
(B) A TRIBUNAL OF THIS STATE HAVING CONTINUING, EXCLUSIVE 13,213
JURISDICTION OVER A SUPPORT ORDER MAY ACT AS A RESPONDING 13,214
TRIBUNAL TO ENFORCE OR MODIFY THE ORDER. IF A PARTY SUBJECT TO 13,215
THE CONTINUING, EXCLUSIVE JURISDICTION OF THE TRIBUNAL NO LONGER 13,216
RESIDES IN THE ISSUING STATE, IN SUBSEQUENT PROCEEDINGS THE 13,217
TRIBUNAL MAY APPLY SECTION 3115.27 OF THE REVISED CODE TO OBTAIN 13,219
EVIDENCE FROM ANOTHER STATE AND SECTION 3115.29 OF THE REVISED 13,220
CODE TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF ANOTHER STATE. 13,221
(C) A TRIBUNAL OF THIS STATE THAT LACKS CONTINUING, 13,223
EXCLUSIVE JURISDICTION OVER A SPOUSAL-SUPPORT ORDER MAY NOT SERVE 13,225
AS A RESPONDING TRIBUNAL TO MODIFY A SPOUSAL SUPPORT-ORDER OF 13,226
ANOTHER STATE.
Sec. 3115.09. (A) IF A PROCEEDING IS BROUGHT UNDER 13,228
SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE, AND ONLY ONE 13,229
TRIBUNAL HAS ISSUED A CHILD-SUPPORT ORDER, THE ORDER OF THAT 13,230
TRIBUNAL SHALL BE RECOGNIZED AS CONTROLLING. 13,231
(B) IF A PROCEEDING IS BROUGHT UNDER SECTIONS 3115.01 TO 13,233
3115.56 OF THE REVISED CODE, AND TWO OR MORE CHILD-SUPPORT ORDERS 13,235
HAVE BEEN ISSUED BY TRIBUNALS OF THIS STATE OR ANOTHER STATE WITH 13,236
REGARD TO THE SAME OBLIGOR AND CHILD, A TRIBUNAL OF THIS STATE 13,237
SHALL DO THE FOLLOWING:
(1) IF ONLY ONE OF THE TRIBUNALS WOULD HAVE CONTINUING, 13,239
EXCLUSIVE JURISDICTION, ISSUE AN ORDER RECOGNIZING THE 13,240
CHILD-SUPPORT ORDER OF THAT TRIBUNAL AS CONTROLLING. 13,242
(2) IF MORE THAN ONE OF THE TRIBUNALS WOULD HAVE 13,244
CONTINUING, EXCLUSIVE JURISDICTION, ISSUE AN ORDER RECOGNIZING 13,245
THE CHILD-SUPPORT ORDER ISSUED BY THE TRIBUNAL IN THE CURRENT 13,247
HOME STATE OF THE CHILD AS CONTROLLING, BUT IF A CHILD-SUPPORT 13,248
ORDER HAS NOT BEEN ISSUED IN THE CURRENT HOME STATE OF THE CHILD, 13,249
ISSUE AN ORDER RECOGNIZING THE CHILD-SUPPORT ORDER MOST RECENTLY 13,250
327
ISSUED AS CONTROLLING. 13,251
(3) IF NONE OF THE TRIBUNALS WOULD HAVE CONTINUING, 13,253
EXCLUSIVE JURISDICTION, ISSUE ITS OWN CHILD-SUPPORT ORDER THAT 13,256
SHALL BE CONTROLLING.
(C) IF TWO OR MORE CHILD-SUPPORT ORDERS HAVE BEEN ISSUED 13,258
FOR THE SAME OBLIGOR AND CHILD AND THE OBLIGOR OR THE INDIVIDUAL 13,259
OBLIGEE RESIDES IN THIS STATE, A PARTY MAY REQUEST A TRIBUNAL OF 13,260
THIS STATE TO DETERMINE WHICH ORDER TO RECOGNIZE AS CONTROLLING 13,261
PURSUANT TO DIVISION (B) OF THIS SECTION. THE REQUEST MUST BE 13,262
ACCOMPANIED BY A CERTIFIED COPY OF EVERY SUPPORT ORDER IN EFFECT. 13,264
THE REQUESTING PARTY SHALL GIVE NOTICE OF THE REQUEST TO EACH 13,265
PARTY WHOSE RIGHTS MAY BE AFFECTED BY THE DETERMINATION.
(D) THE TRIBUNAL THAT ISSUED THE CONTROLLING CHILD-SUPPORT 13,267
ORDER UNDER DIVISION (A), (B), OR (C) OF THIS SECTION IS THE 13,269
TRIBUNAL THAT HAS CONTINUING, EXCLUSIVE JURISDICTION UNDER 13,271
SECTION 3115.07 OF THE REVISED CODE.
(E) A TRIBUNAL OF THIS STATE THAT ISSUES AN ORDER 13,273
RECOGNIZING THE CONTROLLING CHILD-SUPPORT ORDER UNDER DIVISION 13,274
(B)(1) OR (2) OF THIS SECTION OR THAT ISSUES A NEW CONTROLLING 13,275
CHILD-SUPPORT ORDER UNDER DIVISION (B)(3) OF THIS SECTION SHALL 13,277
STATE IN THE ORDER OR CHILD-SUPPORT ORDER THE BASIS UPON WHICH
THE TRIBUNAL MADE ITS DETERMINATION. 13,279
(F) WITHIN THIRTY DAYS AFTER ISSUANCE OF AN ORDER 13,281
RECOGNIZING THE CONTROLLING CHILD-SUPPORT ORDER OR A NEW 13,282
CONTROLLING CHILD-SUPPORT ORDER, THE PARTY OBTAINING THE ORDER 13,284
SHALL FILE A CERTIFIED COPY OF IT WITH EACH TRIBUNAL THAT ISSUED 13,285
OR REGISTERED AN EARLIER CHILD-SUPPORT ORDER. A PARTY WHO 13,286
OBTAINS THE ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT 13,287
TO APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF 13,288
FAILURE TO FILE ARISES. THE FAILURE TO FILE DOES NOT AFFECT THE 13,289
VALIDITY OR ENFORCEABILITY OF THE CONTROLLING ORDER.
Sec. 3115.10. IN RESPONDING TO MULTIPLE REGISTRATIONS OR 13,291
COMPLAINTS FOR ENFORCEMENT OF TWO OR MORE CHILD-SUPPORT ORDERS IN 13,292
EFFECT AT THE SAME TIME WITH REGARD TO THE SAME OBLIGOR AND 13,293
328
DIFFERENT INDIVIDUAL OBLIGEES, AT LEAST ONE OF WHICH WAS ISSUED 13,294
BY A TRIBUNAL OF ANOTHER STATE, A TRIBUNAL OF THIS STATE SHALL 13,295
ENFORCE THOSE ORDERS IN THE SAME MANNER AS IF THE MULTIPLE ORDERS 13,297
HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE.
Sec. 3115.11. AMOUNTS COLLECTED AND CREDITED FOR A 13,299
PARTICULAR PERIOD PURSUANT TO A SUPPORT ORDER ISSUED BY A 13,300
TRIBUNAL OF ANOTHER STATE MUST BE CREDITED AGAINST THE AMOUNTS 13,301
ACCRUING OR ACCRUED FOR THE SAME PERIOD UNDER A SUPPORT ORDER 13,302
COVERING THE SAME PARTIES FOR THE SAME DUTY OF SUPPORT ISSUED BY 13,303
THE TRIBUNAL OF THIS STATE. 13,304
Sec. 3115.12. AN INDIVIDUAL OR A SUPPORT ENFORCEMENT 13,306
AGENCY MAY COMMENCE A PROCEEDING AUTHORIZED UNDER SECTIONS 13,307
3115.01 TO 3115.56 OF THE REVISED CODE BY FILING A COMPLAINT IN 13,309
AN INITIATING TRIBUNAL FOR FORWARDING TO A RESPONDING TRIBUNAL OR 13,310
BY FILING A COMPLAINT OR A COMPARABLE PLEADING DIRECTLY IN A 13,311
TRIBUNAL OF ANOTHER STATE THAT HAS OR CAN OBTAIN PERSONAL 13,312
JURISDICTION OVER THE DEFENDANT.
Sec. 3115.13. A MINOR PARENT, OR A GUARDIAN OR OTHER LEGAL 13,314
REPRESENTATIVE OF A MINOR PARENT, MAY MAINTAIN A PROCEEDING ON 13,315
BEHALF OF OR FOR THE BENEFIT OF THE MINOR'S CHILD. 13,316
Sec. 3115.14. EXCEPT AS OTHERWISE PROVIDED BY SECTIONS 13,318
3115.01 TO 3115.56 OF THE REVISED CODE, A RESPONDING TRIBUNAL OF 13,320
THIS STATE SHALL APPLY THE PROCEDURAL AND SUBSTANTIVE LAW, 13,321
INCLUDING THE RULES ON CHOICE OF LAW, GENERALLY APPLICABLE TO 13,322
SIMILAR PROCEEDINGS ORIGINATING IN THIS STATE AND MAY EXERCISE 13,323
ALL POWERS AND PROVIDE ALL REMEDIES AVAILABLE IN THOSE 13,324
PROCEEDINGS AND SHALL DETERMINE THE DUTY OF SUPPORT AND THE 13,326
AMOUNT OF SUPPORT PAYABLE IN ACCORDANCE WITH SECTIONS 3113.21 TO 13,327
3113.219 AND SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE. 13,328
Sec. 3115.15. (A) ON THE FILING OF A COMPLAINT PURSUANT 13,330
TO SECTION 3115.12 OF THE REVISED CODE, AN INITIATING TRIBUNAL OF 13,331
THIS STATE SHALL FORWARD THREE COPIES OF THE COMPLAINT AND ITS 13,332
ACCOMPANYING DOCUMENTS TO EITHER OF THE FOLLOWING: 13,333
(1) THE RESPONDING TRIBUNAL OR APPROPRIATE SUPPORT 13,335
329
ENFORCEMENT AGENCY IN THE RESPONDING STATE; 13,336
(2) THE STATE INFORMATION AGENCY OF THE RESPONDING STATE 13,338
WITH A REQUEST THAT THEY BE FORWARDED TO THE APPROPRIATE 13,339
TRIBUNAL, IF THE IDENTITY OF THE RESPONDING TRIBUNAL IS UNKNOWN, 13,340
AND THAT RECEIPT BE ACKNOWLEDGED. 13,341
(B) IF A RESPONDING STATE HAS NOT ENACTED A LAW OR 13,344
PROCEDURE SUBSTANTIALLY SIMILAR TO SECTIONS 3115.01 TO 3115.56 OF
THE REVISED CODE, A TRIBUNAL OF THIS STATE MAY ISSUE A 13,346
CERTIFICATE OR OTHER DOCUMENT AND MAKE FINDINGS REQUIRED BY THE 13,347
LAW OF THE RESPONDING STATE. IF THE RESPONDING STATE IS A 13,348
FOREIGN JURISDICTION, THE TRIBUNAL MAY SPECIFY THE AMOUNT OF 13,349
SUPPORT SOUGHT AND PROVIDE OTHER DOCUMENTS NECESSARY TO SATISFY 13,350
THE REQUIREMENTS OF THE RESPONDING STATE.
Sec. 3115.16. (A) WHEN A RESPONDING TRIBUNAL OF THIS 13,352
STATE RECEIVES A COMPLAINT OR COMPARABLE PLEADING FROM AN 13,354
INITIATING TRIBUNAL OR DIRECTLY PURSUANT TO SECTION 3115.12 OF 13,355
THE REVISED CODE, IT SHALL CAUSE THE COMPLAINT OR PLEADING TO BE 13,356
FILED AND NOTIFY THE PLAINTIFF WHERE AND WHEN IT WAS FILED. 13,357
(B) A RESPONDING TRIBUNAL OF THIS STATE, TO THE EXTENT 13,359
OTHERWISE AUTHORIZED BY LAW, MAY DO ONE OR MORE OF THE FOLLOWING 13,361
CONSISTENT WITH APPLICABLE SECTIONS OF CHAPTERS 3105., 3109., 13,362
3111., AND 3113. OF THE REVISED CODE:
(1) ISSUE OR ENFORCE A SUPPORT ORDER, MODIFY A 13,364
CHILD-SUPPORT ORDER, OR DETERMINE THE EXISTENCE OR NONEXISTENCE 13,365
OF A PARENT AND CHILD RELATIONSHIP; 13,366
(2) ORDER AN OBLIGOR TO COMPLY WITH A SUPPORT ORDER, 13,368
SPECIFYING THE AMOUNT AND THE MANNER OF COMPLIANCE; 13,369
(3) ORDER INCOME WITHHOLDING; 13,371
(4) DETERMINE THE AMOUNT OF ANY ARREARAGES, AND SPECIFY A 13,373
METHOD OF PAYMENT; 13,374
(5) ENFORCE ORDERS BY CIVIL OR CRIMINAL CONTEMPT, OR BOTH; 13,376
(6) SET ASIDE PROPERTY FOR SATISFACTION OF THE SUPPORT 13,378
ORDER; 13,379
(7) PLACE LIENS AND ORDER EXECUTION ON THE OBLIGOR'S 13,381
330
PROPERTY; 13,382
(8) ORDER AN OBLIGOR TO KEEP THE TRIBUNAL INFORMED OF THE 13,384
OBLIGOR'S CURRENT RESIDENTIAL ADDRESS, TELEPHONE NUMBER, 13,385
EMPLOYER, ADDRESS OF EMPLOYMENT, AND TELEPHONE NUMBER AT THE 13,386
PLACE OF EMPLOYMENT; 13,387
(9) ISSUE A BENCH WARRANT FOR AN OBLIGOR WHO HAS FAILED 13,390
AFTER PROPER NOTICE TO APPEAR AT A HEARING ORDERED BY THE
TRIBUNAL AND ENTER THE BENCH WARRANT IN ANY LOCAL AND STATE 13,392
COMPUTER SYSTEMS FOR CRIMINAL WARRANTS;
(10) ORDER THE OBLIGOR TO SEEK APPROPRIATE EMPLOYMENT BY 13,394
SPECIFIED METHODS; 13,395
(11) AWARD REASONABLE ATTORNEY'S FEES AND OTHER FEES AND 13,397
COSTS; 13,398
(12) GRANT ANY OTHER AVAILABLE REMEDY. 13,400
(C) A RESPONDING TRIBUNAL OF THIS STATE SHALL INCLUDE IN A 13,402
SUPPORT ORDER ISSUED UNDER SECTIONS 3115.01 TO 3115.56 OF THE 13,403
REVISED CODE, OR IN THE DOCUMENTS ACCOMPANYING THE ORDER, THE 13,405
CALCULATIONS ON WHICH THE SUPPORT ORDER IS BASED. 13,406
(D) A RESPONDING TRIBUNAL OF THIS STATE MAY NOT CONDITION 13,408
THE PAYMENT OF A SUPPORT ORDER ISSUED UNDER SECTIONS 3115.01 TO 13,409
3115.56 OF THE REVISED CODE UPON COMPLIANCE BY A PARTY WITH 13,411
PROVISIONS FOR VISITATION.
(E) IF A RESPONDING TRIBUNAL OF THIS STATE ISSUES AN ORDER 13,413
UNDER SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE, THE 13,414
TRIBUNAL SHALL SEND A COPY OF THE ORDER TO THE PLAINTIFF AND THE 13,416
DEFENDANT AND TO THE INITIATING TRIBUNAL, IF ANY. 13,417
Sec. 3115.17. IF A COMPLAINT OR COMPARABLE PLEADING IS 13,419
RECEIVED BY AN INAPPROPRIATE TRIBUNAL OF THIS STATE, THE TRIBUNAL 13,420
SHALL FORWARD THE PLEADING AND ACCOMPANYING DOCUMENTS TO AN 13,421
APPROPRIATE TRIBUNAL IN THIS STATE OR ANOTHER STATE AND NOTIFY 13,422
THE PLAINTIFF WHERE AND WHEN THE PLEADING WAS SENT. 13,423
Sec. 3115.18. (A) A SUPPORT ENFORCEMENT AGENCY OF THIS 13,425
STATE, UPON REQUEST, SHALL PROVIDE SERVICES TO A PLAINTIFF IN A 13,427
PROCEEDING UNDER SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE. 13,428
331
(B) A SUPPORT ENFORCEMENT AGENCY THAT IS PROVIDING 13,430
SERVICES TO THE PLAINTIFF, AS APPROPRIATE, SHALL DO ALL OF THE 13,431
FOLLOWING:
(1) TAKE ALL STEPS NECESSARY TO ENABLE AN APPROPRIATE 13,433
TRIBUNAL IN THIS STATE OR ANOTHER STATE TO OBTAIN JURISDICTION 13,434
OVER THE DEFENDANT; 13,435
(2) REQUEST AN APPROPRIATE TRIBUNAL TO SET A DATE, TIME, 13,437
AND PLACE FOR A HEARING; 13,438
(3) MAKE A REASONABLE EFFORT TO OBTAIN ALL RELEVANT 13,440
INFORMATION, INCLUDING INFORMATION AS TO INCOME AND PROPERTY OF 13,441
THE PARTIES; 13,442
(4) WITHIN TWO DAYS, NOT INCLUDING SATURDAYS, SUNDAYS, AND 13,445
LEGAL HOLIDAYS, AFTER RECEIPT OF A WRITTEN NOTICE FROM A TRIBUNAL 13,447
PURSUANT TO SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE, SEND
A COPY OF THE NOTICE TO THE PLAINTIFF; 13,448
(5) WITHIN TWO DAYS, NOT INCLUDING SATURDAYS, SUNDAYS, AND 13,451
LEGAL HOLIDAYS, AFTER RECEIPT OF A WRITTEN COMMUNICATION FROM THE 13,453
DEFENDANT OR THE DEFENDANT'S ATTORNEY, SEND A COPY OF THE 13,454
COMMUNICATION TO THE PLAINTIFF;
(6) NOTIFY THE PLAINTIFF IF JURISDICTION OVER THE 13,456
DEFENDANT CANNOT BE OBTAINED. 13,457
(C) SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE DO NOT 13,459
CREATE OR NEGATE A RELATIONSHIP OF ATTORNEY AND CLIENT OR OTHER 13,461
FIDUCIARY RELATIONSHIP BETWEEN A SUPPORT ENFORCEMENT AGENCY OR 13,462
THE ATTORNEY FOR THE AGENCY AND THE INDIVIDUAL BEING ASSISTED BY 13,463
THE AGENCY.
Sec. 3115.19. IF THE ATTORNEY GENERAL DETERMINES THAT THE 13,465
SUPPORT ENFORCEMENT AGENCY IS NEGLECTING OR REFUSING TO PROVIDE 13,466
SERVICES TO AN INDIVIDUAL, THE ATTORNEY GENERAL MAY ORDER THE 13,467
AGENCY TO PERFORM ITS DUTIES PURSUANT TO SECTIONS 3115.01 TO 13,468
3115.56 OF THE REVISED CODE OR MAY PROVIDE THOSE SERVICES 13,470
DIRECTLY TO THE INDIVIDUAL.
Sec. 3115.20. AN INDIVIDUAL MAY EMPLOY PRIVATE COUNSEL TO 13,472
REPRESENT THE INDIVIDUAL IN PROCEEDINGS AUTHORIZED BY SECTIONS 13,473
332
3115.01 TO 3115.56 OF THE REVISED CODE.
Sec. 3115.21. (A) THE STATE DEPARTMENT OF HUMAN SERVICES 13,475
IS THE STATE INFORMATION AGENCY UNDER SECTIONS 3115.01 TO 3115.56 13,477
OF THE REVISED CODE.
(B) THE STATE INFORMATION AGENCY SHALL DO ALL OF THE 13,479
FOLLOWING:
(1) COMPILE A LIST, INCLUDING ADDRESSES, OF THE TRIBUNALS 13,482
IN THIS STATE AND EACH SUPPORT ENFORCEMENT AGENCY IN THIS STATE 13,484
AND TRANSMIT A COPY TO THE STATE INFORMATION AGENCY OF EVERY 13,485
OTHER STATE THAT HAS ADOPTED AN ACT SUBSTANTIALLY SIMILAR TO 13,486
SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE;
(2) MAINTAIN A REGISTER OF TRIBUNALS AND SUPPORT 13,488
ENFORCEMENT AGENCIES RECEIVED FROM OTHER STATES; 13,489
(3) FORWARD TO THE APPROPRIATE TRIBUNAL IN THIS STATE THAT 13,492
HAS JURISDICTION OVER THE INDIVIDUAL OBLIGEE OR THE OBLIGOR OR 13,493
THE OBLIGOR'S PROPERTY, ALL DOCUMENTS CONCERNING A PROCEEDING 13,495
UNDER SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE RECEIVED 13,496
FROM AN INITIATING TRIBUNAL OR THE STATE INFORMATION AGENCY OF 13,497
THE INITIATING STATE; 13,498
(4) OBTAIN INFORMATION CONCERNING THE LOCATION OF THE 13,500
OBLIGOR AND THE OBLIGOR'S PROPERTY WITHIN THIS STATE NOT EXEMPT 13,501
FROM EXECUTION, BY SUCH MEANS AS POSTAL VERIFICATION AND FEDERAL 13,502
OR STATE PARENT LOCATOR SERVICES, EXAMINATION OF TELEPHONE 13,503
DIRECTORIES, REQUESTS FOR THE OBLIGOR'S ADDRESS FROM EMPLOYERS, 13,504
AND EXAMINATION OF GOVERNMENTAL RECORDS, INCLUDING, TO THE EXTENT 13,505
NOT PROHIBITED BY OTHER LAW, THOSE RELATING TO REAL PROPERTY, 13,506
VITAL STATISTICS, LAW ENFORCEMENT, TAXATION, MOTOR VEHICLES, 13,507
DRIVERS' LICENSES, AND SOCIAL SECURITY BENEFITS. 13,508
Sec. 3115.22. (A) A PLAINTIFF SEEKING ISSUANCE OR 13,510
MODIFICATION OF A SUPPORT ORDER OR A DETERMINATION OF THE 13,512
EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP 13,513
UNDER SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE MUST VERIFY 13,514
THE COMPLAINT. UNLESS OTHERWISE ORDERED UNDER SECTION 3115.23 OF 13,515
THE REVISED CODE, THE COMPLAINT OR ACCOMPANYING DOCUMENTS MUST 13,516
333
PROVIDE, SO FAR AS KNOWN, THE NAME, RESIDENTIAL ADDRESS, AND 13,517
SOCIAL SECURITY NUMBERS OF THE OBLIGOR AND THE OBLIGEE, AND THE 13,518
NAME, SEX, RESIDENTIAL ADDRESS, SOCIAL SECURITY NUMBER, AND DATE 13,519
OF BIRTH OF EACH CHILD FOR WHOM SUPPORT IS SOUGHT. THE COMPLAINT 13,521
MUST BE ACCOMPANIED BY A CERTIFIED COPY OF ANY SUPPORT ORDER IN 13,522
EFFECT. THE COMPLAINT MAY INCLUDE ANY OTHER INFORMATION THAT MAY 13,523
ASSIST IN LOCATING OR IDENTIFYING THE DEFENDANT. 13,524
(B) THE COMPLAINT MUST SPECIFY THE RELIEF SOUGHT. THE 13,526
COMPLAINT AND ACCOMPANYING DOCUMENTS MUST CONFORM SUBSTANTIALLY 13,527
WITH THE REQUIREMENTS IMPOSED BY THE FORMS MANDATED BY FEDERAL 13,528
LAW FOR USE IN CASES FILED BY A SUPPORT ENFORCEMENT AGENCY. 13,529
Sec. 3115.23. A TRIBUNAL SHALL ORDER THAT THE ADDRESS OF A 13,532
CHILD OR PARTY OR OTHER IDENTIFYING INFORMATION NOT BE DISCLOSED 13,533
IN A PLEADING OR OTHER DOCUMENT FILED IN A PROCEEDING UNDER 13,534
SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE IF A TRIBUNAL HAS
MADE A FINDING, THAT MAY BE MADE EX PARTE, THAT THE HEALTH, 13,535
SAFETY, OR LIBERTY OF A PARTY OR CHILD WOULD BE UNREASONABLY PUT 13,536
AT RISK BY THE DISCLOSURE OF IDENTIFYING INFORMATION. 13,537
Sec. 3115.24. (A) THE PLAINTIFF UNDER AN ACTION FILED 13,539
PURSUANT TO SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE MAY 13,540
NOT BE REQUIRED TO PAY A FILING FEE OR OTHER COSTS. 13,542
(B) IF AN OBLIGEE PREVAILS, A RESPONDING TRIBUNAL MAY 13,544
ASSESS AGAINST AN OBLIGOR FILING FEES, REASONABLE ATTORNEY'S 13,545
FEES, OTHER COSTS, AND NECESSARY TRAVEL AND OTHER REASONABLE 13,546
EXPENSES INCURRED BY THE OBLIGEE AND THE OBLIGEE'S WITNESSES. 13,547
THE TRIBUNAL MAY NOT ASSESS FEES, COSTS, OR EXPENSES AGAINST THE 13,548
OBLIGEE OR THE SUPPORT ENFORCEMENT AGENCY OF EITHER THE 13,549
INITIATING OR THE RESPONDING STATE, EXCEPT AS PROVIDED BY OTHER 13,550
LAW. ATTORNEY'S FEES MAY BE TAXED AS COSTS, AND MAY BE ORDERED 13,551
PAID DIRECTLY TO THE ATTORNEY, WHO MAY ENFORCE THE ORDER IN THE 13,552
ATTORNEY'S OWN NAME. PAYMENT OF SUPPORT OWED TO THE OBLIGEE HAS 13,553
PRIORITY OVER FEES, COSTS AND EXPENSES. 13,554
(C) THE TRIBUNAL SHALL ORDER THE PAYMENT OF COSTS AND 13,556
REASONABLE ATTORNEY'S FEES IF IT DETERMINES THAT A HEARING WAS 13,557
334
REQUESTED PRIMARILY FOR DELAY. IN A PROCEEDING UNDER SECTIONS 13,558
3115.38 TO 3115.51 OF THE REVISED CODE, A HEARING IS PRESUMED TO 13,560
HAVE BEEN REQUESTED PRIMARILY FOR DELAY IF A REGISTERED SUPPORT 13,561
ORDER IS CONFIRMED OR ENFORCED WITHOUT CHANGE. 13,562
Sec. 3115.25. (A) PARTICIPATION BY A PLAINTIFF IN A 13,564
PROCEEDING BEFORE A RESPONDING TRIBUNAL PURSUANT TO SECTIONS 13,566
3115.01 TO 3115.56 OF THE REVISED CODE, WHETHER IN PERSON, BY 13,567
PRIVATE ATTORNEY, OR THROUGH SERVICES PROVIDED BY THE SUPPORT 13,568
ENFORCEMENT AGENCY, DOES NOT CONFER PERSONAL JURISDICTION OVER 13,569
THE PLAINTIFF IN ANOTHER PROCEEDING. 13,570
(B) A PLAINTIFF IS NOT AMENABLE TO SERVICE OF CIVIL 13,572
PROCESS WHILE PHYSICALLY PRESENT IN THIS STATE TO PARTICIPATE IN 13,573
A PROCEEDING UNDER SECTIONS 3115.01 TO 3115.56 OF THE REVISED 13,574
CODE.
(C) THE IMMUNITY GRANTED BY THIS SECTION DOES NOT EXTEND 13,576
TO CIVIL LITIGATION BASED ON ACTS UNRELATED TO A PROCEEDING UNDER 13,577
SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE COMMITTED BY A 13,578
PARTY WHILE PRESENT IN THIS STATE TO PARTICIPATE IN THE 13,580
PROCEEDING.
Sec. 3115.26. A PARTY WHO HAS BEEN PREVIOUSLY DETERMINED 13,583
PURSUANT TO LAW TO BE THE PARENT OF A CHILD MAY NOT PLEAD THAT 13,584
THE PARTY IS NOT THE PARENT OF THE CHILD AS A DEFENSE TO A 13,585
PROCEEDING UNDER SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE.
Sec. 3115.27. EXCEPT AS PROVIDED IN SECTIONS 3115.04 AND 13,587
3115.50 OF THE REVISED CODE, IN A PROCEEDING UNDER SECTIONS 13,588
3115.01 TO 3115.56 OF THE REVISED CODE ALL THE FOLLOWING APPLY:
(A) THE PHYSICAL PRESENCE OF THE PLAINTIFF IN A RESPONDING 13,591
TRIBUNAL OF THIS STATE IS NOT REQUIRED FOR THE ISSUANCE, 13,592
ENFORCEMENT, OR MODIFICATION OF A SUPPORT ORDER OR THE 13,593
DETERMINATION OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND
CHILD RELATIONSHIP. 13,594
(B) A VERIFIED COMPLAINT, AFFIDAVIT, DOCUMENT 13,596
SUBSTANTIALLY COMPLYING WITH FEDERALLY MANDATED FORMS, AND A 13,597
DOCUMENT INCORPORATED BY REFERENCE IN ANY OF THEM, NOT EXCLUDED 13,598
335
UNDER THE HEARSAY RULE IF GIVEN IN PERSON, IS ADMISSIBLE IN 13,599
EVIDENCE IF GIVEN UNDER OATH BY A PARTY OR WITNESS RESIDING IN 13,600
ANOTHER STATE. 13,601
(C) A COPY OF THE RECORD OF CHILD-SUPPORT PAYMENTS 13,603
CERTIFIED AS A TRUE COPY OF THE ORIGINAL BY THE CUSTODIAN OF THE 13,604
RECORD MAY BE FORWARDED TO A RESPONDING TRIBUNAL. THE COPY IS 13,605
EVIDENCE OF FACTS ASSERTED IN IT, AND IS ADMISSIBLE TO SHOW 13,606
WHETHER PAYMENTS WERE MADE. 13,607
(D) COPIES OF BILLS FOR TESTING FOR PARENTAGE, AND FOR 13,609
PRENATAL AND POSTNATAL HEALTH CARE OF THE MOTHER AND CHILD, 13,610
FURNISHED TO THE ADVERSE PARTY AT LEAST TEN DAYS BEFORE TRIAL, 13,611
ARE ADMISSIBLE IN EVIDENCE TO PROVE THE AMOUNT OF THE CHARGES 13,612
BILLED AND THAT THE CHARGES WERE REASONABLE, NECESSARY, AND 13,613
CUSTOMARY. 13,614
(E) DOCUMENTARY EVIDENCE TRANSMITTED FROM ANOTHER STATE TO 13,616
A TRIBUNAL OF THIS STATE BY TELEPHONE, TELECOPIER, OR OTHER MEANS 13,617
THAT DO NOT PROVIDE AN ORIGINAL WRITING MAY NOT BE EXCLUDED FROM 13,618
EVIDENCE ON AN OBJECTION BASED ON THE MEANS OF TRANSMISSION. 13,619
(F) A TRIBUNAL OF THIS STATE MAY PERMIT A PARTY OR WITNESS 13,622
RESIDING IN ANOTHER STATE TO BE DEPOSED OR TO TESTIFY BY 13,623
TELEPHONE, AUDIOVISUAL MEANS, OR OTHER ELECTRONIC MEANS AT A 13,624
DESIGNATED TRIBUNAL OR OTHER LOCATION IN THAT STATE. A TRIBUNAL 13,625
OF THIS STATE SHALL COOPERATE WITH TRIBUNALS OF OTHER STATES IN 13,626
DESIGNATING AN APPROPRIATE LOCATION FOR THE DEPOSITION OR 13,627
TESTIMONY.
(G) IF A PARTY CALLED TO TESTIFY AT A CIVIL HEARING 13,629
REFUSES TO ANSWER ON THE GROUND THAT THE TESTIMONY MAY BE 13,630
SELF-INCRIMINATING, THE TRIER OF FACT MAY DRAW AN ADVERSE 13,631
INFERENCE FROM THE REFUSAL. 13,632
(H) A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS 13,634
BETWEEN SPOUSES DOES NOT APPLY. 13,635
(I) THE DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF 13,637
HUSBAND AND WIFE OR PARENT AND CHILD DOES NOT APPLY. 13,638
Sec. 3115.28. A TRIBUNAL OF THIS STATE MAY COMMUNICATE 13,640
336
WITH A TRIBUNAL OF ANOTHER STATE IN WRITING, OR BY TELEPHONE OR 13,641
OTHER MEANS, TO OBTAIN INFORMATION CONCERNING THE LAWS OF THAT 13,642
STATE, THE LEGAL EFFECT OF A JUDGMENT, DECREE, OR ORDER OF THAT 13,643
TRIBUNAL, AND THE STATUS OF A PROCEEDING IN THE OTHER STATE. A 13,644
TRIBUNAL OF THIS STATE MAY FURNISH SIMILAR INFORMATION BY SIMILAR 13,645
MEANS TO A TRIBUNAL OF ANOTHER STATE. 13,646
Sec. 3115.29. A TRIBUNAL OF THIS STATE MAY REQUEST A 13,649
TRIBUNAL OF ANOTHER STATE TO ASSIST IN OBTAINING DISCOVERY AND 13,650
MAY, ON THE REQUEST OF A TRIBUNAL OF ANOTHER STATE, COMPEL A 13,652
PERSON OVER WHOM IT HAS JURISDICTION TO RESPOND TO A DISCOVERY 13,653
ORDER ISSUED BY THE REQUESTING TRIBUNAL. 13,654
Sec. 3115.30. A SUPPORT ENFORCEMENT AGENCY OR TRIBUNAL OF 13,656
THIS STATE SHALL DISBURSE PROMPTLY ANY AMOUNTS RECEIVED PURSUANT 13,657
TO A SUPPORT ORDER, AS DIRECTED IN THE ORDER. THE AGENCY OR 13,658
TRIBUNAL SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL OF 13,659
ANOTHER STATE A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE 13,660
RECORD OF THE AMOUNTS AND DATES OF ALL PAYMENTS RECEIVED. 13,661
Sec. 3115.31. (A) IF A SUPPORT ORDER ENTITLED TO 13,663
RECOGNITION UNDER SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE 13,665
HAS NOT BEEN ISSUED, A RESPONDING TRIBUNAL OF THIS STATE MAY 13,667
ISSUE A SUPPORT ORDER IF EITHER OF THE FOLLOWING APPLY:
(1) THE INDIVIDUAL SEEKING THE ORDER RESIDES IN ANOTHER 13,669
STATE; 13,670
(2) THE SUPPORT ENFORCEMENT AGENCY SEEKING THE ORDER IS 13,672
LOCATED IN ANOTHER STATE. 13,673
(B) THE TRIBUNAL MAY ISSUE A TEMPORARY CHILD-SUPPORT ORDER 13,675
IF ANY OF THE FOLLOWING APPLY: 13,676
(1) THE DEFENDANT HAS SIGNED A VERIFIED STATEMENT 13,678
ACKNOWLEDGING THAT THE DEFENDANT IS THE PARENT OF THE CHILD; 13,679
(2) THE DEFENDANT HAS BEEN DETERMINED BY OR PURSUANT TO 13,681
LAW TO BE THE PARENT; 13,682
(3) THERE IS OTHER CLEAR AND CONVINCING EVIDENCE THAT THE 13,684
DEFENDANT IS THE CHILD'S PARENT. 13,685
(C)(1) IF THE RESPONDING TRIBUNAL FINDS, AFTER GIVING 13,687
337
NOTICE AND AN OPPORTUNITY TO BE HEARD TO THE OBLIGOR, THAT THE 13,688
OBLIGOR OWES A DUTY OF SUPPORT, IT SHALL ISSUE A SUPPORT ORDER 13,689
DIRECTED TO THE OBLIGOR AND MAY ISSUE ANY OTHER ORDER UNDER 13,691
SECTION 3115.16 OF THE REVISED CODE. SUPPORT ORDERS MADE
PURSUANT TO SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE SHALL 13,693
REQUIRE THAT PAYMENTS BE MADE TO THE DIVISION OF CHILD SUPPORT IN 13,694
THE DEPARTMENT OF HUMAN SERVICES. 13,695
(2) THE RESPONDING TRIBUNAL SHALL TRANSMIT TO THE 13,697
INITIATING TRIBUNAL A COPY OF ALL ORDERS OF SUPPORT OR FOR 13,698
REIMBURSEMENT OF SUPPORT. 13,699
(3) EACH ORDER FOR SUPPORT MADE OR MODIFIED UNDER THIS 13,701
SECTION AND UNDER FORMER SECTION 3115.22 OF THE REVISED CODE ON 13,702
OR AFTER DECEMBER 31, 1993, SHALL INCLUDE AS PART OF THE ORDER A 13,705
GENERAL PROVISION, AS DESCRIBED IN DIVISION (A)(1) OF SECTION 13,706
3113.21 OF THE REVISED CODE, REQUIRING THE WITHHOLDING OR
DEDUCTION OF INCOME OR ASSETS OF THE OBLIGOR UNDER THE ORDER AS 13,707
DESCRIBED IN DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE 13,708
OR ANOTHER TYPE OF APPROPRIATE REQUIREMENT AS DESCRIBED IN 13,709
DIVISION (D)(3), (D)(4), OR (H) OF THAT SECTION, TO ENSURE THAT 13,711
WITHHOLDING OR DEDUCTION FROM THE INCOME OR ASSETS OF THE OBLIGOR 13,712
IS AVAILABLE FROM THE COMMENCEMENT OF THE SUPPORT ORDER FOR 13,713
COLLECTION OF THE SUPPORT AND OF ANY ARREARAGES THAT OCCUR; A 13,714
STATEMENT REQUIRING ALL PARTIES TO THE ORDER TO NOTIFY THE 13,715
SUPPORT ENFORCEMENT AGENCY IN WRITING OF THEIR CURRENT MAILING 13,716
ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE 13,717
NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND ANY CHANGES TO THAT 13,719
INFORMATION; AND A NOTICE THAT THE REQUIREMENT TO NOTIFY THE
AGENCY OF ALL CHANGES TO THAT INFORMATION CONTINUES UNTIL FURTHER 13,721
NOTICE FROM THE TRIBUNAL. ANY TRIBUNAL THAT MAKES OR MODIFIES AN 13,723
ORDER FOR SUPPORT UNDER THIS SECTION OR FORMER SECTION 3115.22 OF 13,724
THE REVISED CODE ON OR AFTER APRIL 12, 1990, SHALL COMPLY WITH 13,726
SECTIONS 3113.21 TO 3113.219 OF THE REVISED CODE. IF ANY PERSON 13,727
REQUIRED TO PAY CHILD SUPPORT UNDER AN ORDER MADE UNDER THIS 13,728
SECTION OR FORMER SECTION 3115.22 OF THE REVISED CODE ON OR AFTER
338
APRIL 15, 1985, OR ANY PERSON REQUIRED TO PAY SUPPORT UNDER AN 13,730
ORDER MADE OR MODIFIED UNDER THIS SECTION OR FORMER SECTION 13,731
3115.22 OF THE REVISED CODE ON OR AFTER DECEMBER 31, 1986, IS 13,732
FOUND IN CONTEMPT OF COURT FOR FAILURE TO MAKE SUPPORT PAYMENTS 13,733
UNDER THE ORDER, THE TRIBUNAL THAT MAKES THE FINDING, IN ADDITION 13,734
TO ANY OTHER PENALTY OR REMEDY IMPOSED, SHALL ASSESS ALL COURT 13,735
COSTS ARISING OUT OF THE CONTEMPT PROCEEDING AGAINST THE PERSON 13,736
AND REQUIRE THE PERSON TO PAY ANY REASONABLE ATTORNEY'S FEES OF 13,737
ANY ADVERSE PARTY, AS DETERMINED BY THE TRIBUNAL, THAT AROSE IN 13,738
RELATION TO THE ACT OF CONTEMPT. 13,739
Sec. 3115.32. AN INCOME-WITHHOLDING ORDER ISSUED IN 13,741
ANOTHER STATE MAY BE SENT TO THE INDIVIDUAL OR ENTITY THAT IS THE 13,742
OBLIGOR'S EMPLOYER WITHOUT FIRST FILING A COMPLAINT OR COMPARABLE 13,744
PLEADING OR REGISTERING THE ORDER WITH A TRIBUNAL OF THIS STATE. 13,745
Sec. 3115.33. (A) UPON RECEIPT OF AN INCOME-WITHHOLDING 13,747
ORDER, THE OBLIGOR'S EMPLOYER SHALL IMMEDIATELY PROVIDE A COPY OF 13,749
THE ORDER TO THE OBLIGOR. 13,750
(B) THE EMPLOYER SHALL TREAT AN INCOME-WITHHOLDING ORDER 13,752
ISSUED IN ANOTHER STATE WHICH APPEARS REGULAR ON ITS FACE AS IF 13,753
IT HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE. 13,754
(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS 13,756
SECTION AND SECTION 3115.34 OF THE REVISED CODE, THE EMPLOYER 13,758
SHALL WITHHOLD AND DISTRIBUTE THE FUNDS AS DIRECTED IN THE 13,759
WITHHOLDING ORDER BY COMPLYING WITH TERMS OF THE ORDER THAT 13,760
SPECIFY ANY OF THE FOLLOWING:
(1) THE DURATION AND AMOUNT OF PERIODIC PAYMENTS OF 13,762
SUPPORT, STATED AS A SUM CERTAIN; 13,763
(2) THE PERSON OR AGENCY DESIGNATED TO RECEIVE PAYMENTS 13,765
AND THE ADDRESS TO WHICH THE PAYMENTS ARE TO BE FORWARDED; 13,766
(3) MEDICAL SUPPORT, WHETHER IN THE FORM OF PERIODIC CASH 13,768
PAYMENT, STATED AS A SUM CERTAIN, OR ORDERING THE OBLIGOR TO 13,769
PROVIDE HEALTH INSURANCE COVERAGE UNDER A POLICY AVAILABLE 13,771
THROUGH THE OBLIGOR'S EMPLOYMENT;
(4) THE AMOUNT OF PERIODIC PAYMENTS OF FEES AND COSTS FOR 13,773
339
A SUPPORT ENFORCEMENT AGENCY, THE ISSUING TRIBUNAL, AND THE 13,774
OBLIGEE'S ATTORNEY, STATED AS A SUM CERTAIN; 13,775
(5) THE AMOUNT OF PERIODIC PAYMENTS OF ARREARAGES AND 13,777
INTEREST ON ARREARAGES, STATED AS A SUM CERTAIN. 13,778
(D) AN EMPLOYER SHALL COMPLY WITH THE LAW OF THE STATE OF 13,780
THE OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT FOR WITHHOLDING FROM 13,781
INCOME WITH RESPECT TO ALL OF THE FOLLOWING: 13,782
(1) THE EMPLOYER'S FEE FOR PROCESSING AN 13,784
INCOME-WITHHOLDING ORDER; 13,785
(2) THE MAXIMUM AMOUNT PERMITTED TO BE WITHHELD FROM THE 13,787
OBLIGOR'S INCOME; 13,788
(3) THE TIMES WITHIN WHICH THE EMPLOYER MUST IMPLEMENT THE 13,790
WITHHOLDING ORDER AND FORWARD THE CHILD SUPPORT PAYMENT. 13,791
Sec. 3115.34. IF AN OBLIGOR'S EMPLOYER RECEIVES MULTIPLE 13,793
INCOME-WITHHOLDING ORDERS WITH RESPECT TO THE EARNINGS OF THE 13,795
SAME OBLIGOR, THE EMPLOYER SATISFIES THE TERMS OF THE MULTIPLE 13,796
ORDERS IF THE EMPLOYER COMPLIES WITH THE LAW OF THE STATE OF THE 13,797
OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT TO ESTABLISH THE 13,798
PRIORITIES FOR WITHHOLDING AND ALLOCATING INCOME WITHHELD FOR 13,799
MULTIPLE CHILD SUPPORT OBLIGEES. 13,800
Sec. 3115.35 AN EMPLOYER WHO COMPLIES WITH AN 13,802
INCOME-WITHHOLDING ORDER ISSUED IN ANOTHER STATE IN ACCORDANCE 13,803
WITH THIS ARTICLE IS NOT SUBJECT TO CIVIL LIABILITY WITH REGARD 13,805
TO THE EMPLOYER'S WITHHOLDING OF SUPPORT FROM THE OBLIGOR'S 13,806
INCOME PURSUANT TO THE SUPPORT ORDER.
Sec. 3115.36. AN EMPLOYER WHO WILLFULLY FAILS TO COMPLY 13,808
WITH AN INCOME-WITHHOLDING ORDER ISSUED BY ANOTHER STATE AND 13,809
RECEIVED FOR ENFORCEMENT IS SUBJECT TO THE SAME PENALTIES THAT 13,810
MAY BE IMPOSED FOR NONCOMPLIANCE WITH AN ORDER ISSUED BY A 13,811
TRIBUNAL OF THIS STATE. 13,812
Sec. 3115.37. (A) AN OBLIGOR MAY CONTEST THE VALIDITY OR 13,814
ENFORCEMENT OF AN INCOME-WITHHOLDING ORDER ISSUED IN ANOTHER 13,816
STATE AND RECEIVED DIRECTLY BY AN EMPLOYER IN THIS STATE BY 13,817
FILING AN ACTION PURSUANT TO SECTION 2151.231 OF THE REVISED 13,818
340
CODE. SECTION 3115.41 OF THE REVISED CODE APPLIES TO THE ACTION.
(B) THE OBLIGOR SHALL GIVE NOTICE OF THE ACTION INITIATED 13,820
PURSUANT TO SECTION 2151.231 OF THE REVISED CODE TO ALL OF THE 13,821
FOLLOWING:
(1) A SUPPORT ENFORCEMENT AGENCY PROVIDING SERVICES TO THE 13,823
OBLIGEE; 13,824
(2) EACH EMPLOYER THAT HAS DIRECTLY RECEIVED AN 13,826
INCOME-WITHHOLDING ORDER; 13,827
(3) THE PERSON OR AGENCY DESIGNATED TO RECEIVE PAYMENTS IN 13,829
THE INCOME-WITHHOLDING ORDER OR, IF NO PERSON OR AGENCY IS 13,830
DESIGNATED, THE OBLIGEE. 13,831
Sec. 3115.38. A PARTY SEEKING TO ENFORCE A SUPPORT ORDER 13,833
OR AN INCOME-WITHHOLDING ORDER, OR BOTH, ISSUED BY A TRIBUNAL OF 13,834
ANOTHER STATE MAY SEND THE DOCUMENTS REQUIRED FOR REGISTERING THE 13,836
ORDER PURSUANT TO SECTIONS 3115.39 TO 3115.51 OF THE REVISED CODE
TO A SUPPORT ENFORCEMENT AGENCY OF THIS STATE. ON RECEIPT OF THE 13,839
DOCUMENTS, THE SUPPORT ENFORCEMENT AGENCY, WITHOUT INITIALLY 13,840
SEEKING TO REGISTER THE ORDER, SHALL CONSIDER AND, IF 13,841
APPROPRIATE, USE ANY ADMINISTRATIVE PROCEDURE AUTHORIZED BY THE 13,842
LAW OF THIS STATE TO ENFORCE A SUPPORT ORDER OR AN 13,843
INCOME-WITHHOLDING ORDER, OR BOTH. IF THE OBLIGOR DOES NOT 13,844
CONTEST ADMINISTRATIVE ENFORCEMENT, THE ORDER NEED NOT BE
REGISTERED. IF THE OBLIGOR CONTESTS THE VALIDITY OR 13,845
ADMINISTRATIVE ENFORCEMENT OF THE ORDER, THE SUPPORT ENFORCEMENT 13,846
AGENCY SHALL REGISTER THE ORDER. 13,847
Sec. 3115.39. (A) A SUPPORT ORDER OR INCOME-WITHHOLDING 13,849
ORDER OF ANOTHER STATE MAY BE REGISTERED IN THIS STATE BY SENDING 13,851
ALL OF THE FOLLOWING DOCUMENTS AND INFORMATION TO THE APPROPRIATE 13,852
TRIBUNAL IN THIS STATE: 13,853
(1) A LETTER OF TRANSMITTAL TO THE TRIBUNAL REQUESTING 13,855
REGISTRATION AND ENFORCEMENT; 13,856
(2) TWO COPIES, INCLUDING ONE CERTIFIED COPY, OF ALL 13,858
ORDERS TO BE REGISTERED, INCLUDING ANY MODIFICATION OF AN ORDER; 13,859
(3) A SWORN STATEMENT BY THE PARTY SEEKING REGISTRATION OR 13,861
341
A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE RECORDS SHOWING THE 13,862
AMOUNT OF ANY ARREARAGE; 13,863
(4) THE NAME OF THE OBLIGOR AND ALL OF THE FOLLOWING, IF 13,865
KNOWN:
(a) THE OBLIGOR'S ADDRESS AND SOCIAL SECURITY NUMBER; 13,867
(b) THE NAME AND ADDRESS OF THE OBLIGOR'S EMPLOYER AND ANY 13,869
OTHER SOURCE OF INCOME OF THE OBLIGOR; 13,870
(c) A DESCRIPTION AND THE LOCATION OF PROPERTY OF THE 13,872
OBLIGOR IN THIS STATE NOT EXEMPT FROM EXECUTION; 13,873
(5) THE NAME AND ADDRESS OF THE OBLIGEE AND, IF 13,875
APPLICABLE, THE AGENCY OR PERSON TO WHOM SUPPORT PAYMENTS ARE TO 13,876
BE REMITTED. 13,877
(B) ON RECEIPT OF A REQUEST FOR REGISTRATION, THE 13,879
REGISTERING TRIBUNAL SHALL CAUSE THE ORDER TO BE FILED, TOGETHER 13,881
WITH ONE COPY OF THE DOCUMENTS AND INFORMATION, REGARDLESS OF 13,882
THEIR FORM.
(C) A COMPLAINT OR COMPARABLE PLEADING SEEKING A REMEDY 13,884
THAT MUST BE AFFIRMATIVELY SOUGHT UNDER OTHER LAW OF THIS STATE 13,885
MAY BE FILED AT THE SAME TIME AS THE REQUEST FOR REGISTRATION OR 13,886
AT A LATER TIME. THE PLEADING MUST SPECIFY THE GROUNDS FOR THE 13,887
REMEDY SOUGHT. 13,888
Sec. 3115.40. A SUPPORT ORDER OR INCOME-WITHHOLDING ORDER 13,890
ISSUED IN ANOTHER STATE IS REGISTERED WHEN THE ORDER IS FILED IN 13,891
THE REGISTERING TRIBUNAL OF THIS STATE PURSUANT TO SECTION 13,892
3115.39 OF THE REVISED CODE. A REGISTERED ORDER ISSUED IN 13,893
ANOTHER STATE THAT IS CONFIRMED PURSUANT TO SECTION 3115.43 OR 13,894
3115.44 OF THE REVISED CODE IS ENFORCEABLE IN THE SAME MANNER AND 13,895
IS SUBJECT TO THE SAME PROCEDURES AS AN ORDER ISSUED BY A 13,896
TRIBUNAL OF THIS STATE. EXCEPT AS PROVIDED IN SECTIONS 3115.39 13,897
TO 3115.51 OF THE REVISED CODE, A TRIBUNAL OF THIS STATE SHALL 13,898
RECOGNIZE AND ENFORCE, BUT MAY NOT MODIFY, A REGISTERED ORDER 13,899
THAT HAS BEEN CONFIRMED IF THE ISSUING TRIBUNAL HAD JURISDICTION. 13,900
Sec. 3115.41. THE LAW OF THE ISSUING STATE GOVERNS THE 13,902
NATURE, EXTENT, AMOUNT, AND DURATION OF CURRENT PAYMENTS AND 13,903
342
OTHER OBLIGATIONS OF SUPPORT AND THE PAYMENT OF ARREARAGES UNDER 13,904
THE ORDER. IN A PROCEEDING FOR ARREARAGES, THE STATUTE OF 13,905
LIMITATION UNDER THE LAWS OF THIS STATE OR OF THE ISSUING STATE, 13,906
WHICHEVER IS LONGER, APPLIES. 13,907
Sec. 3115.42. (A) WHEN A SUPPORT ORDER OR 13,909
INCOME-WITHHOLDING ORDER ISSUED IN ANOTHER STATE IS REGISTERED, 13,911
IMMEDIATELY ON REGISTRATION THE REGISTERING TRIBUNAL SHALL SEND 13,913
NOTICE TO THE NONREGISTERING PARTY OF THE REGISTRATION BY
CERTIFIED MAIL OR BY PERSONAL SERVICE PURSUANT TO THE RULES OF 13,914
CIVIL PROCEDURE. THE NOTICE MUST BE ACCOMPANIED BY A COPY OF THE 13,916
REGISTERED ORDER AND THE DOCUMENTS AND RELEVANT INFORMATION 13,917
DESCRIBED IN DIVISION (A) OF SECTION 3115.39 OF THE REVISED CODE.
(B) THE NOTICE MUST INFORM THE NONREGISTERING PARTY OF ALL 13,919
OF THE FOLLOWING: 13,920
(1) THAT A REGISTERED ORDER THAT IS CONFIRMED PURSUANT TO 13,922
SECTION 3115.43 OR 3115.44 OF THE REVISED CODE IS ENFORCEABLE AS 13,923
OF THE DATE OF REGISTRATION IN THE SAME MANNER AS AN ORDER ISSUED 13,924
BY A TRIBUNAL OF THIS STATE; 13,925
(2) THAT A HEARING TO CONTEST THE VALIDITY OR ENFORCEMENT 13,927
OF THE REGISTERED ORDER MUST BE REQUESTED PURSUANT TO SECTION 13,928
3115.43 OF THE REVISED CODE NO LATER THAN TWENTY DAYS AFTER THE 13,930
DATE OF MAILING OR PERSONAL SERVICE OF THE NOTICE;
(3) THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF 13,932
THE REGISTERED ORDER IN A TIMELY MANNER WILL RESULT IN 13,933
CONFIRMATION OF THE ORDER AND ENFORCEMENT OF THE ORDER AND THE 13,934
ALLEGED ARREARAGES AND PRECLUDES FURTHER CONTEST OF THAT ORDER 13,935
WITH RESPECT TO ANY MATTER THAT COULD HAVE BEEN ASSERTED; 13,936
(4) THE AMOUNT OF ANY ALLEGED ARREARAGES UNDER THE SUPPORT 13,938
ORDER.
(C) ON REGISTRATION OF AN INCOME-WITHHOLDING ORDER FOR 13,940
ENFORCEMENT, THE REGISTERING TRIBUNAL SHALL ISSUE A WITHHOLDING 13,941
NOTICE TO THE OBLIGOR'S EMPLOYER PURSUANT TO SECTIONS 3113.21 TO 13,943
3113.219 OF THE REVISED CODE.
Sec. 3115.43. (A) A NONREGISTERING PARTY SEEKING TO 13,945
343
CONTEST THE VALIDITY OR ENFORCEMENT OF A REGISTERED ORDER IN THIS 13,947
STATE SHALL REQUEST A HEARING NO LATER THAN TWENTY DAYS AFTER THE 13,948
DATE OF MAILING OR PERSONAL SERVICE OF THE NOTICE OF THE 13,949
REGISTRATION BY FILING A MOTION WITH THE REGISTERING TRIBUNAL. 13,950
THE NONREGISTERING PARTY MAY SEEK TO VACATE THE REGISTRATION, TO 13,951
ASSERT ANY DEFENSE TO AN ALLEGATION OF NONCOMPLIANCE WITH THE 13,952
REGISTERED ORDER, OR TO CONTEST THE REMEDIES BEING SOUGHT OR THE 13,953
AMOUNT OF ANY ALLEGED ARREARAGES PURSUANT TO SECTION 3115.44 OF 13,954
THE REVISED CODE.
(B) IF THE NONREGISTERING PARTY FAILS TO MAKE THE REQUEST 13,956
PURSUANT TO DIVISION (A) OF THIS SECTION IN A TIMELY MANNER, THE 13,958
ORDER IS CONFIRMED BY OPERATION OF LAW.
(C) IF A NONREGISTERING PARTY MAKES A REQUEST PURSUANT TO 13,960
DIVISION (A) OF THIS SECTION IN A TIMELY MANNER, THE REGISTERING 13,963
TRIBUNAL SHALL SCHEDULE THE MATTER FOR HEARING AND GIVE NOTICE TO 13,964
THE PARTIES OF THE DATE, TIME, AND PLACE OF THE HEARING. AT THE 13,965
HEARING, THE REGISTERING TRIBUNAL SHALL DETERMINE WHETHER THE
REGISTERED ORDER IS TO BE CONFIRMED. 13,966
Sec. 3115.44. (A) A PARTY CONTESTING THE VALIDITY OR 13,968
ENFORCEMENT OF A REGISTERED ORDER OR SEEKING TO VACATE THE 13,970
REGISTRATION HAS THE BURDEN OF PROVING ONE OR MORE OF THE 13,971
FOLLOWING DEFENSES:
(1) THE ISSUING TRIBUNAL LACKED PERSONAL JURISDICTION OVER 13,973
THE CONTESTING PARTY; 13,974
(2) THE ORDER WAS OBTAINED BY FRAUD; 13,976
(3) THE ORDER HAS BEEN VACATED, SUSPENDED, OR MODIFIED BY 13,978
A LATER ORDER; 13,979
(4) THE ISSUING TRIBUNAL HAS STAYED THE ORDER PENDING 13,981
APPEAL; 13,982
(5) THERE IS A DEFENSE UNDER THE LAW OF THIS STATE TO THE 13,984
REMEDY SOUGHT; 13,985
(6) FULL OR PARTIAL PAYMENT HAS BEEN MADE; 13,987
(7) THE APPLICABLE STATUTE OF LIMITATION UNDER SECTION 13,989
3115.41 OF THE REVISED CODE PRECLUDES ENFORCEMENT OF SOME OR ALL 13,990
344
OF THE ARREARAGES.
(B) IF A PARTY PRESENTS EVIDENCE ESTABLISHING A FULL OR 13,992
PARTIAL DEFENSE UNDER DIVISION (A) OF THIS SECTION, A TRIBUNAL 13,993
MAY STAY ENFORCEMENT OF THE REGISTERED ORDER, CONTINUE THE 13,995
PROCEEDING TO PERMIT PRODUCTION OF ADDITIONAL RELEVANT EVIDENCE, 13,996
AND ISSUE OTHER APPROPRIATE ORDERS. AN UNCONTESTED PORTION OF 13,997
THE REGISTERED ORDER MAY BE ENFORCED BY ALL REMEDIES AVAILABLE 13,998
UNDER THE LAW OF THIS STATE. 13,999
(C) IF THE CONTESTING PARTY DOES NOT ESTABLISH A DEFENSE 14,001
UNDER DIVISION (A) OF THIS SECTION TO THE VALIDITY OR ENFORCEMENT 14,002
OF THE ORDER, THE REGISTERING TRIBUNAL SHALL ISSUE AN ORDER 14,004
CONFIRMING THE ORDER. 14,005
Sec. 3115.45. CONFIRMATION OF A REGISTERED ORDER, WHETHER 14,007
BY OPERATION OF LAW UNDER SECTION 3115.43 OF THE REVISED CODE OR 14,008
AFTER NOTICE AND HEARING PURSUANT TO SECTION 3115.44 OF THE 14,009
REVISED CODE, PRECLUDES FURTHER CONTEST OF THE ORDER WITH RESPECT 14,010
TO ANY MATTER THAT COULD HAVE BEEN ASSERTED AT THE TIME OF 14,011
REGISTRATION.
Sec. 3115.46. A PARTY OR SUPPORT ENFORCEMENT AGENCY 14,013
SEEKING TO MODIFY, OR TO MODIFY AND ENFORCE, A CHILD-SUPPORT 14,014
ORDER ISSUED IN ANOTHER STATE SHALL REGISTER THAT ORDER IN THIS 14,015
STATE PURSUANT TO SECTION 3115.39 OF THE REVISED CODE. A MOTION 14,016
FOR MODIFICATION MAY BE FILED AT THE SAME TIME AS A REQUEST FOR 14,018
REGISTRATION, OR AT A LATER TIME. THE MOTION MUST SPECIFY THE 14,019
GROUNDS FOR MODIFICATION.
Sec. 3115.47. A TRIBUNAL OF THIS STATE MAY ENFORCE A 14,021
CHILD-SUPPORT ORDER OF ANOTHER STATE REGISTERED FOR PURPOSES OF 14,023
MODIFICATION, IN THE SAME MANNER AS IF THE ORDER HAD BEEN ISSUED 14,024
BY A TRIBUNAL OF THIS STATE, BUT THE REGISTERED ORDER MAY BE 14,025
MODIFIED ONLY IF THE REQUIREMENTS OF SECTION 3115.48 OF THE 14,027
REVISED CODE HAVE BEEN MET.
Sec. 3115.48. (A) AFTER A CHILD-SUPPORT ORDER ISSUED IN 14,029
ANOTHER STATE HAS BEEN REGISTERED IN THIS STATE, THE RESPONDING 14,031
TRIBUNAL OF THIS STATE MAY MODIFY THAT ORDER ONLY IF SECTION 14,032
345
3115.50 OF THE REVISED CODE DOES NOT APPLY AND AFTER NOTICE AND 14,033
HEARING IT FINDS EITHER OF THE FOLLOWING APPLICABLE:
(1) THE CHILD, THE INDIVIDUAL OBLIGEE, AND THE OBLIGOR 14,035
SUBJECT TO THE SUPPORT ORDER DO NOT RESIDE IN THE ISSUING STATE, 14,037
A PETITIONER WHO IS A NONRESIDENT OF THIS STATE SEEKS 14,038
MODIFICATION, AND THE RESPONDENT IS SUBJECT TO THE PERSONAL 14,040
JURISDICTION OF THE TRIBUNAL OF THIS STATE. 14,041
(2) THE CHILD, OR A PARTY WHO IS AN INDIVIDUAL, IS SUBJECT 14,043
TO THE PERSONAL JURISDICTION OF THE TRIBUNAL OF THIS STATE AND 14,044
ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED WRITTEN 14,045
CONSENTS IN THE ISSUING TRIBUNAL FOR A TRIBUNAL OF THIS STATE TO 14,046
MODIFY THE SUPPORT ORDER AND ASSUME CONTINUING, EXCLUSIVE 14,047
JURISDICTION OVER THE ORDER. HOWEVER, IF THE ISSUING STATE IS A 14,048
FOREIGN JURISDICTION THAT HAS NOT ENACTED A LAW OR ESTABLISHED 14,049
PROCEDURES SUBSTANTIALLY SIMILAR TO THE PROCEDURES UNDER SECTIONS 14,051
3115.01 TO 3115.56 OF THE REVISED CODE, THE CONSENT OTHERWISE
REQUIRED OF AN INDIVIDUAL RESIDING IN THIS STATE IS NOT REQUIRED 14,053
FOR THE TRIBUNAL TO ASSUME JURISDICTION TO MODIFY THE 14,054
CHILD-SUPPORT ORDER.
(B) MODIFICATION OF A REGISTERED CHILD-SUPPORT ORDER IS 14,057
SUBJECT TO THE SAME REQUIREMENTS, PROCEDURES, AND DEFENSES THAT 14,058
APPLY TO THE MODIFICATION OF AN ORDER ISSUED BY A TRIBUNAL OF 14,059
THIS STATE AND THE ORDER MAY BE ENFORCED AND SATISFIED IN THE 14,060
SAME MANNER.
(C) A TRIBUNAL OF THIS STATE MAY NOT MODIFY ANY ASPECT OF 14,062
A CHILD-SUPPORT ORDER THAT MAY NOT BE MODIFIED UNDER THE LAW OF 14,063
THE ISSUING STATE. IF TWO OR MORE TRIBUNALS HAVE ISSUED 14,064
CHILD-SUPPORT ORDERS FOR THE SAME OBLIGOR AND CHILD, THE ORDER 14,065
THAT MUST BE RECOGNIZED AS CONTROLLING UNDER SECTION 3115.09 OF 14,067
THE REVISED CODE ESTABLISHES THE ASPECTS OF THE CHILD-SUPPORT
ORDER THAT ARE NONMODIFIABLE. 14,068
(D) ON ISSUANCE OF AN ORDER MODIFYING A CHILD-SUPPORT 14,070
ORDER ISSUED IN ANOTHER STATE, A TRIBUNAL OF THIS STATE BECOMES 14,071
THE TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION. 14,072
346
Sec. 3115.49. A TRIBUNAL OF THIS STATE SHALL RECOGNIZE A 14,074
MODIFICATION OF ITS EARLIER CHILD-SUPPORT ORDER BY A TRIBUNAL OF 14,075
ANOTHER STATE THAT ASSUMED JURISDICTION PURSUANT TO A LAW ADOPTED 14,076
BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO SECTIONS 14,077
3115.01 TO 3115.56 OF THE REVISED CODE AND, UPON REQUEST, EXCEPT 14,078
AS OTHERWISE PROVIDED IN SECTIONS 3115.01 TO 3115.56 OF THE 14,079
REVISED CODE, SHALL DO ALL OF THE FOLLOWING: 14,080
(1) ORDER COLLECTION OF SUPPORT AMOUNTS ACCRUING BEFORE 14,083
THE MODIFICATION OF THE ORDER;
(2) ENFORCE NONMODIFIABLE ASPECTS OF THAT ORDER; 14,085
(3) PROVIDE OTHER APPROPRIATE RELIEF FOR VIOLATIONS OF 14,087
THAT ORDER THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THE 14,088
MODIFICATION; 14,089
(4) RECOGNIZE THE MODIFYING ORDER OF THE OTHER STATE, UPON 14,091
REGISTRATION, FOR THE PURPOSE OF ENFORCEMENT. 14,092
Sec. 3115.50. IF ALL OF THE PARTIES WHO ARE INDIVIDUALS 14,094
RESIDE IN THIS STATE AND THE CHILD DOES NOT RESIDE IN THE ISSUING 14,096
STATE, A TRIBUNAL OF THIS STATE HAS JURISDICTION TO ENFORCE AND 14,097
TO MODIFY THE ISSUING STATE'S CHILD-SUPPORT ORDER IN A PROCEEDING 14,098
TO REGISTER THAT ORDER. SECTIONS 3115.01 TO 3115.11 AND 3115.39 14,100
TO 3115.51 OF THE REVISED CODE AND THE PROCEDURAL AND SUBSTANTIVE 14,101
LAWS OF THIS STATE ARE APPLICABLE, AND SECTIONS 3115.12 TO
3115.38 AND 3115.52 TO 3115.56 OF THE REVISED CODE ARE NOT 14,102
APPLICABLE, TO A PROCEEDING CONDUCTED BY A TRIBUNAL OF THIS STATE 14,103
EXERCISING JURISDICTION UNDER THIS SECTION. 14,104
Sec. 3115.51 NO LATER THAN THIRTY DAYS AFTER ISSUANCE OF A 14,107
MODIFIED CHILD-SUPPORT ORDER, THE PARTY OBTAINING THE 14,108
MODIFICATION SHALL FILE A CERTIFIED COPY OF THE ORDER WITH THE 14,109
ISSUING TRIBUNAL THAT HAD CONTINUING, EXCLUSIVE JURISDICTION OVER 14,110
THE EARLIER ORDER, AND IN EACH TRIBUNAL IN WHICH THE PARTY KNOWS 14,111
THE EARLIER ORDER HAS BEEN REGISTERED. A PARTY WHO OBTAINS THE 14,112
ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT TO 14,113
APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF FAILURE 14,114
TO FILE ARISES. THE FAILURE TO FILE DOES NOT AFFECT THE VALIDITY 14,115
347
OR ENFORCEABILITY OF THE MODIFIED ORDER OF THE NEW TRIBUNAL 14,116
HAVING CONTINUING, EXCLUSIVE JURISDICTION. 14,117
Sec. 3115.52. (A) A TRIBUNAL OF THIS STATE MAY SERVE AS 14,119
AN INITIATING OR RESPONDING TRIBUNAL IN A PROCEEDING BROUGHT 14,121
UNDER SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE OR A LAW OR 14,123
PROCEDURE SUBSTANTIALLY SIMILAR TO THOSE SECTIONS, THE UNIFORM 14,124
RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM 14,125
RECIPROCAL ENFORCEMENT OF SUPPORT ACT TO DETERMINE THE EXISTENCE 14,126
OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP WITH RESPECT 14,127
TO THE PARTIES.
(B) IN A PROCEEDING PURSUANT TO DIVISION (A) OF THIS 14,129
SECTION, A RESPONDING TRIBUNAL OF THIS STATE SHALL COMPLY WITH 14,131
SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE AND THE RULES OF 14,132
THIS STATE ON CHOICE OF LAW. 14,133
Sec. 3115.53. (A) FOR PURPOSES OF THIS ARTICLE, 14,135
"GOVERNOR" INCLUDES AN INDIVIDUAL PERFORMING THE FUNCTIONS OF THE 14,137
EXECUTIVE AUTHORITY OF A STATE. 14,138
(B) THE GOVERNOR OF THIS STATE MAY DO EITHER OF THE 14,140
FOLLOWING:
(1) DEMAND THAT THE GOVERNOR OF ANOTHER STATE SURRENDER AN 14,142
INDIVIDUAL FOUND IN THE OTHER STATE WHO IS CHARGED CRIMINALLY IN 14,143
THIS STATE WITH HAVING FAILED TO PAY SUPPORT UNDER A SUPPORT 14,144
ORDER;
(2) ON THE DEMAND BY THE GOVERNOR OF ANOTHER STATE, 14,146
SURRENDER AN INDIVIDUAL FOUND IN THIS STATE WHO IS CHARGED 14,147
CRIMINALLY IN THE OTHER STATE WITH HAVING FAILED TO PAY SUPPORT 14,149
UNDER A SUPPORT ORDER.
(C) A PROVISION FOR EXTRADITION OF INDIVIDUALS NOT 14,151
INCONSISTENT WITH SECTIONS 3115.01 TO 3115.56 OF THE REVISED CODE 14,152
APPLIES TO THE DEMAND EVEN IF THE INDIVIDUAL WHOSE SURRENDER IS 14,154
DEMANDED WAS NOT IN THE DEMANDING STATE WHEN THE CRIME WAS 14,155
ALLEGEDLY COMMITTED AND HAS NOT FLED THEREFROM. 14,156
Sec. 3115.54. (A) BEFORE MAKING A DEMAND THAT THE 14,158
GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL PURSUANT TO 14,161
348
DIVISION (B)(1) OF SECTION 3115.53 OF THE REVISED CODE, THE 14,162
GOVERNOR OF THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE TO 14,163
DEMONSTRATE THAT AT LEAST SIXTY DAYS PREVIOUSLY THE OBLIGEE HAD 14,164
INITIATED PROCEEDINGS FOR SUPPORT PURSUANT TO SECTIONS 3115.01 TO 14,165
3115.56 OF THE REVISED CODE OR THAT SUCH PROCEEDINGS WOULD NOT BE 14,167
EFFECTIVE IN ENFORCING THE SUPPORT ORDER.
(B) IF, UNDER A LAW ADOPTED BY ANOTHER STATE THAT IS 14,169
SUBSTANTIALLY SIMILAR TO SECTIONS 3115.01 TO 3115.56 OF THE 14,171
REVISED CODE, THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, 14,172
OR THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, THE 14,174
GOVERNOR OF THE OTHER STATE MAKES A DEMAND PURSUANT TO DIVISION 14,175
(B)(2) OF SECTION 3115.53 OF THE REVISED CODE, THE GOVERNOR OF 14,177
THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE TO INVESTIGATE
THE DEMAND AND REPORT WHETHER A PROCEEDING FOR SUPPORT HAS BEEN 14,179
INITIATED OR WOULD BE EFFECTIVE IN ENFORCING THE SUPPORT ORDER. 14,180
IF IT APPEARS THAT A PROCEEDING WOULD BE EFFECTIVE BUT HAS NOT 14,182
BEEN INITIATED, THE GOVERNOR OF THIS STATE MAY DELAY HONORING THE 14,183
DEMAND FOR A REASONABLE TIME TO PERMIT THE INITIATION OF A 14,184
PROCEEDING.
(C) IF A PROCEEDING FOR SUPPORT HAS BEEN INITIATED AND THE 14,186
INDIVIDUAL WHOSE SURRENDER IS DEMANDED PREVAILS, THE GOVERNOR OF 14,188
THIS STATE MAY DECLINE TO HONOR THE DEMAND. IF THE PETITIONER
PREVAILS AND THE INDIVIDUAL WHOSE SURRENDER IS DEMANDED IS 14,189
SUBJECT TO A SUPPORT ORDER, THE GOVERNOR OF THIS STATE MAY 14,190
DECLINE TO HONOR THE DEMAND IF THE INDIVIDUAL IS COMPLYING WITH 14,191
THE SUPPORT ORDER.
Sec. 3115.55. SECTIONS 3115.01 TO 3115.56 OF THE REVISED 14,193
CODE SHALL BE APPLIED AND CONSTRUED TO EFFECTUATE ITS GENERAL 14,195
PURPOSE TO MAKE UNIFORM THE LAW OF THOSE STATES THAT ENACT A 14,196
UNIFORM INTERSTATE FAMILY SUPPORT ACT.
Sec. 3115.56. IF ANY PROVISION OF SECTIONS 3115.01 TO 14,198
3115.56 OF THE REVISED CODE OR ITS APPLICATION TO ANY PERSON OR 14,200
CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT 14,201
OTHER PROVISIONS OR APPLICATIONS OF THOSE SECTIONS WHICH CAN BE 14,202
349
GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO 14,203
THIS END THE PROVISIONS OF THOSE SECTIONS ARE SEVERABLE.
Sec. 3705.07. (A) The local registrar of vital statistics 14,212
shall number consecutively the birth, fetal death, and death 14,213
certificates in three separate series, beginning with "number 14,214
one" for the first birth, the first fetal death, and the first 14,215
death registered in each calendar year. Such local registrar 14,216
shall sign his THE LOCAL REGISTRAR'S name in attest to the date 14,217
of filing in the local office. The local registrar shall make a 14,219
complete and accurate copy of each birth, fetal death, and death 14,220
certificate registered. Each copy shall be filed and permanently 14,221
preserved as the local record of such birth, fetal death, or 14,222
death except as provided in sections 3705.09 and 3705.12 of the 14,223
Revised Code. The local record may be a typewritten, 14,224
photographic, electronic, or other reproduction. On or before 14,225
the tenth day of each month, the local registrar shall transmit 14,226
to the state office of vital statistics all original birth, fetal 14,227
death, death, and military service certificates received, and all 14,228
social security numbers obtained under section 3705.09 or, 14,229
3705.10, OR 3705.16 of the Revised Code, during the preceding 14,231
month. The local registrar shall immediately notify the health 14,232
commissioner with jurisdiction in the registration district of 14,233
the receipt of a death certificate attesting that death resulted 14,234
from a communicable disease.
The office of vital statistics shall carefully examine the 14,236
records and certificates received from local registrars of vital 14,237
statistics and shall secure any further information that may be 14,238
necessary to make each record and certificate complete and 14,239
satisfactory. It shall arrange and preserve the records and 14,240
certificates, or reproductions of them produced pursuant to 14,241
section 3705.03 of the Revised Code, in a systematic manner and 14,242
shall maintain a permanent index of all births, fetal deaths, and 14,243
deaths registered, which shall show the name of the child or 14,244
deceased person, place and date of birth or death, number of the 14,245
350
record or certificate, and the volume in which it is contained. 14,246
(B)(1) The office of vital statistics shall make available 14,248
to the bureau of child support in the department of human 14,249
services all social security numbers that were furnished to a 14,250
local registrar of vital statistics under division (I) of section 14,251
3705.09 or under section 3705.10 OR 3705.16 of the Revised Code 14,253
and that were transmitted to the office under division (A) of
this section. 14,254
(2) The office of vital statistics also shall make 14,256
available to the bureau of child support in the department of 14,257
human services any other information recorded in the birth record 14,258
that may enable the bureau to use the social security numbers 14,259
provided under division (B)(1) of this section to obtain the 14,260
location of the father of the child whose birth certificate was 14,261
accompanied by the social security number or to otherwise enforce 14,262
a child support order pertaining to that child or any other 14,263
child. 14,264
Sec. 3705.09. (A) A birth certificate for each live birth 14,273
in this state shall be filed in the registration district in 14,274
which it occurs within ten days after such birth and shall be 14,275
registered if it has been completed and filed in accordance with 14,276
this section. 14,277
(B) When a birth occurs in or en route to an institution, 14,279
the person in charge of the institution or his A designated 14,280
representative shall obtain the personal data, prepare the 14,281
certificate, secure the signatures required, and file the 14,282
certificate within ten days with the local registrar of vital 14,283
statistics. The physician in attendance shall provide the 14,284
medical information required by the certificate and certify to 14,285
the facts of birth within seventy-two hours after the birth. 14,286
(C) When a birth occurs outside an institution, the birth 14,288
certificate shall be prepared and filed by one of the following 14,289
in the indicated order of priority: 14,290
(1) The physician in attendance at or immediately after 14,292
351
the birth; 14,293
(2) Any other person in attendance at or immediately after 14,295
the birth; 14,296
(3) The father; 14,298
(4) The mother; 14,300
(5) The person in charge of the premises where the birth 14,302
occurred. 14,303
(D) Either of the parents of the child or other informant 14,305
shall attest to the accuracy of the personal data entered on the 14,306
birth certificate in time to permit the filing of the certificate 14,307
within the ten days prescribed in this section. 14,308
(E) When a birth occurs in a moving conveyance within the 14,310
United States and the child is first removed from the conveyance 14,311
in this state, the birth shall be registered in this state and 14,312
the place where it is first removed shall be considered the place 14,313
of birth. When a birth occurs on a moving conveyance while in 14,314
international waters or air space or in a foreign country or its 14,315
air space and the child is first removed from the conveyance in 14,316
this state, the birth shall be registered in this state but the 14,317
record shall show the actual place of birth insofar as can be 14,318
determined. 14,319
(F)(1) If the mother of a child was married at the time of 14,321
either conception or birth or between conception and birth, the 14,322
child shall be registered in the surname designated by the 14,323
mother, and the name of the husband shall be entered on the 14,324
certificate as the father of the child. The presumption of 14,325
paternity shall be in accordance with section 3111.03 of the 14,326
Revised Code. 14,327
(2) If the mother was not married at the time of 14,329
conception or birth or between conception and birth, the child 14,330
shall be registered by the surname of the mother. The name of 14,331
the father of such child shall also be inserted on the birth 14,332
certificate if both the mother and the father sign the birth 14,333
certificate as informants before the birth record is accepted for 14,334
352
filing by the local registrar and in such a case the child may be 14,335
registered by the surname of the father if the mother and father 14,336
so designate. If the father is not named on the birth 14,337
certificate PURSUANT TO DIVISION (F)(1) OF THIS SECTION, no other 14,338
information about the father shall be entered on the record. 14,340
(G) When a man is presumed or found to be the father of a 14,342
child, according to sections 3111.01 to 3111.19 OR SECTION 14,343
3111.21 OR 3111.22 of the Revised Code, or the father has 14,344
acknowledged the child as his child in accordance with AN 14,345
ACKNOWLEDGMENT OF PATERNITY, AND THE ACKNOWLEDGMENT HAS BECOME 14,346
FINAL PURSUANT TO section 2105.18 5101.314 of the Revised Code, 14,347
and documentary evidence of such fact is submitted to the 14,348
department of health in such form as the director may require, a 14,349
new birth record shall be issued by the department which shall 14,350
have the same overall appearance as the record which would have 14,351
been issued under this section if a marriage had occurred before 14,352
the birth of such child. Where handwriting is required to effect 14,353
such appearance, the department shall supply it. Upon the 14,354
issuance of such new birth record, the original birth record 14,355
shall cease to be a public record. Such original record and any 14,356
documentary evidence supporting the new registration of birth 14,357
shall be placed in an envelope which shall be sealed by the 14,358
department and shall not be open to inspection or copy unless so 14,359
ordered by a court of competent jurisdiction. 14,360
The department shall then promptly forward a copy of the 14,362
new birth record to the local registrar of vital statistics of 14,363
the district in which the birth occurred, and such local 14,364
registrar shall file a copy of such new birth record along with 14,365
and in the same manner as the other copies of birth records in 14,366
such local registrar's possession. All copies of the original 14,367
birth record in the possession of the local registrar or the 14,368
probate court, as well as any and all index references to it, 14,369
shall be destroyed. Such new birth record, as well as any 14,370
certified or exact copy of it, when properly authenticated by a 14,371
353
duly authorized person shall be prima-facie evidence in all 14,372
courts and places of the facts stated in it. 14,373
(H) When a woman who is a legal resident of this state has 14,375
given birth to a child in a foreign country that does not have a 14,376
system of registration of vital statistics, a birth record may be 14,377
filed in the office of vital statistics on evidence satisfactory 14,378
to the director of health. 14,379
(I) Every birth certificate filed under this section on or 14,381
after July 1, 1990, shall be accompanied by all social security 14,382
numbers that have been issued to the parents of the child, unless 14,383
the bureau of child support in the department of human services, 14,384
acting in accordance with regulations prescribed under the 14,385
"Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, as 14,386
amended, finds good cause for not requiring that the numbers be 14,387
furnished with the certificate. The parents' social security 14,388
numbers shall not be recorded on the certificate. The local 14,389
registrar of vital statistics shall transmit the social security 14,390
numbers to the state office of vital statistics in accordance 14,391
with section 3705.07 of the Revised Code. No social security 14,392
number obtained under this division shall be used for any purpose 14,393
other than child support enforcement. 14,394
Sec. 3705.091. (A) IF THE NATURAL MOTHER AND NATURAL 14,396
FATHER OF A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT 14,397
PREPARED PURSUANT TO SECTION 5101.314 OF THE REVISED CODE WITH 14,399
RESPECT TO THAT CHILD AT THE OFFICE OF THE LOCAL REGISTRAR, THE 14,400
LOCAL REGISTRAR SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE 14,401
ACKNOWLEDGMENT. THE LOCAL REGISTRAR SHALL, ON THE REQUEST OF THE 14,402
MOTHER AND FATHER, SEND A SIGNED AND NOTARIZED ACKNOWLEDGMENT OF 14,403
PATERNITY TO THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF 14,404
HUMAN SERVICES PURSUANT TO SECTION 5101.314 OF THE REVISED CODE. 14,405
(B) THE LOCAL REGISTRAR OF VITAL STATISTICS SHALL PROVIDE 14,407
AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT DESCRIBED IN DIVISION 14,409
(A) OF THIS SECTION TO ANY PERSON THAT REQUESTS IT.
(C) THE DEPARTMENT OF HEALTH SHALL STORE ALL 14,412
354
ACKNOWLEDGMENTS OF PATERNITY AFFIDAVITS IT RECEIVES PURSUANT TO 14,413
SECTION 5101.314 OF THE REVISED CODE. THE DEPARTMENT OF HEALTH 14,414
SHALL SEND TO THE DIVISION ANY ACKNOWLEDGMENT THE DEPARTMENT IS 14,415
STORING THAT THE DIVISION REQUESTS. THE DEPARTMENT OF HEALTH 14,416
SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO 14,417
GOVERN THE METHOD OF STORAGE OF THE ACKNOWLEDGMENTS AND TO 14,418
IMPLEMENT THIS SECTION.
Sec. 3705.16. Each death or fetal death that occurs in 14,427
this state shall be registered with the local registrar of vital 14,428
statistics of the district in which the death or fetal death 14,429
occurred by the funeral director or other person in charge of the 14,430
final disposition of the remains. The personal and statistical 14,431
information in the death or fetal death certificate shall be 14,432
obtained from the best qualified persons or sources available by 14,433
the funeral director or other person in charge of the final 14,434
disposition of the remains. The statement of facts relating to 14,435
the disposition of the body and information relative to the armed 14,436
services referred to in section 3705.19 of the Revised Code shall 14,437
be signed by the funeral director or other person in charge of 14,438
the final disposition of the remains. The funeral director or 14,439
other person in charge of the final disposition of the remains 14,440
shall then present the death certificate to the physician or 14,441
coroner for certification of the cause of death. The medical 14,442
certificate of death shall be completed and signed by the 14,443
physician who attended the deceased or by the coroner within 14,444
forty-eight hours after death. The coroner may satisfy the 14,445
requirement of signing a death certificate showing the cause of 14,446
death as pending either by stamping it with a stamp of his THE 14,447
CORONER'S signature or by signing it in his THE CORONER'S own 14,449
hand, but he THE CORONER shall sign a death certificate or 14,451
supplementary medical certification in his THE CORONER'S own 14,452
hand. ANY DEATH CERTIFICATE REGISTERED PURSUANT TO THIS SECTION 14,453
SHALL CONTAIN THE SOCIAL SECURITY NUMBER OF THE DECEDENT. NO 14,454
SOCIAL SECURITY NUMBER OBTAINED UNDER THIS SECTION SHALL BE USED 14,455
355
FOR ANY PURPOSE OTHER THAN CHILD SUPPORT ENFORCEMENT. 14,456
Sec. 3727.17. Each hospital shall provide a staff person 14,466
to do all of the following: 14,467
(A) Meet with each unmarried mother who gave birth in or 14,469
en route to the hospital within twenty-four hours after the birth 14,470
or before the mother is released from the hospital; 14,471
(B) Attempt to meet with the father of the unmarried 14,473
mother's child if possible; 14,474
(C) Explain to the unmarried mother and the father, if he 14,476
THE FATHER is present, the benefit to the child of establishing a 14,478
parent and child relationship between the father and the child 14,479
and the various proper procedures for establishing a parent and 14,480
child relationship; 14,481
(D) Present to the unmarried mother and, if possible, the 14,483
father, a THE pamphlet or statement regarding the rights and 14,484
responsibilities of a natural parent prepared by the department 14,485
of human services PURSUANT TO SECTION 5101.324 OF THE REVISED 14,486
CODE;
(E) Provide the unmarried mother, and if possible the 14,488
father, all forms, statements, or agreements necessary to 14,489
voluntarily establish a parent and child relationship, including 14,490
the acknowledgment of paternity form prescribed PREPARED BY THE 14,491
DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.324 OF THE 14,492
REVISED CODE AND REQUIRED under section 2105.18 5101.314 of the 14,493
Revised Code and the voluntary agreement to be bound by the 14,495
results of genetic testing set forth in section 2301.373 or 14,496
3111.21 of the Revised Code;
(F) Upon both the mother's and father's request, help the 14,498
mother and father complete any specific form, statement, or 14,499
agreement necessary to establish a parent and child relationship; 14,500
(G) Present to an unmarried mother who is not a recipient 14,502
of medicaid or aid to dependent children an application for Title 14,503
IV-D services; 14,504
(H) Upon both the mother's and father's request, mail MAIL 14,506
356
the voluntary acknowledgment of paternity to the probate court in 14,507
the county in which the father, the mother, or the child resides 14,508
DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES. 14,509
EACH HOSPITAL SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE AN 14,511
ACKNOWLEDGMENT OF PATERNITY SIGNED BY THE MOTHER AND FATHER. 14,512
Sec. 3770.071. (A) If the amount of the prize money or 14,521
the cost of goods or services awarded as a lottery prize award is 14,522
six hundred dollars or more, the director of the state lottery 14,523
commission, or the director's designee, shall require the person 14,524
entitled to the prize award to affirm in writing, under oath, 14,525
whether or not the person is in default under a support order. 14,526
The director or the director's designee also may take any 14,527
additional appropriate steps to determine if the person entitled 14,528
to the prize award is in default under a support order. If the 14,529
person entitled to the prize award affirms that the person is in 14,530
default under a support order, or if the director or the 14,531
director's designee determines that the person is in default 14,532
under a support order, the director or the director's designee 14,533
shall temporarily withhold payment of the prize award and inform 14,534
the court that issued the support order that the person is 14,536
entitled to a prize award, of the amount of the prize award, and, 14,537
if the prize award is to be paid in annual installments, of the 14,538
number of installments. 14,539
After receipt of the notice from the director or the 14,541
director's designee, the court shall give the person notice of 14,543
the director's notice, schedule a hearing to determine if the 14,544
person is in default and the amount of the default, and give the 14,545
person notice of the date, time, and location of the hearing. If 14,546
the court at the hearing determines that the person is in 14,547
default, it shall issue an order to the director at lottery 14,548
commission headquarters requiring the director or the director's 14,549
designee to deduct from any unpaid prize award or any annual 14,550
installment payment of the prize award, a specified amount for 14,551
child support or spousal support in satisfaction of the support 14,552
357
order under which the person is in default. To the extent 14,553
possible, the amount specified to be deducted under the order 14,554
issued under this section shall satisfy the amount ordered for 14,555
support or spousal support in the support order under which the 14,556
person is in default. Within thirty days after the date on which 14,557
the court issues the order under this section to the director, 14,558
the director shall pay the amount specified in that order to the 14,559
DIVISION OF child support enforcement agency that is 14,560
administering the support order, the person entitled to the 14,562
support payments under the support order, or any other person or 14,563
entity specified in the court order issued under this section IN 14,564
THE DEPARTMENT OF HUMAN SERVICES. If the prize award is to be 14,566
paid in annual installments, the director or the director's
designee, on the date the installment payment is due, shall pay 14,568
the amount specified in the court order issued under this section 14,569
from that installment and, if necessary, any subsequent annual 14,570
installments, at the time such installments become due and owing 14,571
to the prize winner, to the DIVISION OF child support enforcement 14,572
agency that is administering the support order, the person 14,574
entitled to the support payments under the support order, or any 14,575
other person or entity specified in the court order issued under 14,576
this section.
(B) As used in this section, "support order" and "default" 14,578
have the same meanings as in section 2301.34 of the Revised Code. 14,579
(C) No person shall knowingly make a false affirmation or 14,581
oath required by division (A) of this section. 14,582
Sec. 3733.50. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 14,584
2301.373 OF THE REVISED CODE, THE DIRECTOR OF HEALTH SHALL COMPLY 14,585
WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED PURSUANT TO 14,586
THIS CHAPTER.
Sec. 3924.48. (A) If a parent of a child is required by a 14,595
court or administrative order to provide health care coverage for 14,596
the child, and if the parent is eligible for family health care 14,597
coverage provided by a health insurer, the health insurer shall 14,598
358
do both of the following: 14,599
(1) If the child is otherwise eligible for the coverage, 14,601
permit the parent to enroll the child under the family coverage 14,602
without regard to any enrollment period restrictions; 14,603
(2) If the parent is enrolled under the coverage but fails 14,605
to make application to obtain coverage for the child, enroll the 14,606
child under the family coverage upon application of the child's 14,607
other parent or pursuant to an A CHILD SUPPORT order issued 14,609
CONTAINING PROVISIONS in accordance COMPLIANCE with sections 14,610
SECTION 3111.241 and OR 3113.217 of the Revised Code. 14,611
(B) The health insurer shall not terminate the child's 14,613
coverage unless the health insurer is provided satisfactory 14,614
written evidence of either of the following: 14,615
(1) The court or administrative order is no longer in 14,617
effect. 14,618
(2) The child is or will be enrolled under comparable 14,620
health care coverage provided by another health insurer, which 14,621
coverage will take effect not later than the effective date of 14,622
the termination of the current coverage. 14,623
(C) AS USED IN THIS SECTION, "CHILD SUPPORT ORDER" HAS THE 14,626
SAME MEANING AS IN SECTION 2301.373 OF THE REVISED CODE. 14,627
Sec. 3924.49. (A) If a parent of a child is required by a 14,636
court or administrative order to provide health care coverage for 14,637
the child, which coverage is available through an employer doing 14,638
business in this state, the employer shall do all of the 14,639
following: 14,640
(1) If the child is otherwise eligible for the family 14,642
coverage, permit the parent to enroll the child under the 14,643
coverage without regard to any enrollment period restrictions; 14,644
(2) If the parent is enrolled under the coverage but fails 14,646
to make application to obtain coverage for the child, enroll the 14,647
child under the family coverage upon application of the child's 14,648
other parent or pursuant to an A CHILD SUPPORT order issued 14,650
CONTAINING PROVISIONS in accordance COMPLIANCE with sections 14,651
359
SECTION 3111.241 and OR 3113.217 of the Revised Code; 14,652
(3) Withhold from the employee's compensation the 14,654
employee's share of premiums for the health care coverage, if 14,655
any, and pay that amount to the health insurer providing the 14,656
coverage. 14,657
(B) The employer shall not terminate the child's coverage 14,659
unless the employer has eliminated family coverage for all of its 14,660
employees or unless the employer is provided satisfactory written 14,661
evidence of either of the following: 14,662
(1) The court or administrative order is no longer in 14,664
effect. 14,665
(2) The child is or will be enrolled under comparable 14,667
health care coverage that will take effect not later than the 14,668
effective date of the termination of the current coverage. 14,669
(C) AS USED IN THIS SECTION, "CHILD SUPPORT ORDER" HAS THE 14,671
SAME MEANING AS IN SECTION 2301.373 OF THE REVISED CODE. 14,672
Sec. 4141.16. (A) The administrator of the bureau of 14,681
employment services shall make available, upon request, to the 14,682
director of human services or to the county directors of human 14,683
services in the state the name, address, ordinary occupation, and 14,684
employment status of each recipient of unemployment benefits 14,685
under this chapter, and a statement of such recipient's rights to 14,686
further benefits under this chapter. 14,687
(B) The administrator shall also furnish, upon request of 14,689
a public agency administering or supervising the administration 14,690
of a state plan approved under part A of Title IV of the "Social 14,691
Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, or of a 14,692
public agency charged with any duty or responsibility under any 14,693
program or activity authorized or required under part D of Title 14,694
IV of such act, information with respect to any individual 14,695
specified in the request as to: 14,696
(1) Whether the individual is receiving, has received, or 14,698
has made application for unemployment compensation, and the 14,699
amount of any compensation being received by the individual; 14,700
360
(2) The current or most recent home address of the 14,702
individual; 14,703
(3) Whether the individual has refused an offer of 14,705
employment and, if so, a description of the employment so offered 14,706
and the terms, conditions, and rate of pay therefor. 14,707
The public agency shall pay to the bureau of employment 14,709
services the actual costs of furnishing the information described 14,710
in this division, as provided in the "Unemployment Compensation 14,711
Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a. 14,712
(C)(1) The administrator shall disclose, upon request, to 14,714
officers, agents, or employees of any state or local child 14,715
support enforcement agency, any wage information contained in the 14,716
records of the bureau of employment services with respect to an 14,717
individual identified in the request. 14,718
(2) The officer, agent, or employee of the state or local 14,720
child support enforcement agency shall state in the request that 14,721
the wage information shall be used only for the purpose PURPOSES 14,722
of establishing PATERNITY; ESTABLISHING, MODIFYING, and 14,723
collecting ENFORCING child support obligations from, and 14,724
locating, individuals owing these obligations which are being 14,725
enforced ADMINISTERED pursuant to a plan described in section 454 14,727
of the "Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 14,728
654, which has been approved by the United States secretary of 14,729
health and human services under part D of Title IV of the "Social 14,730
Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651; AND TO 14,731
DETECT FRAUD IN ANY PROGRAM ADMINISTERED BY THE DEPARTMENT OF 14,732
HUMAN SERVICES.
(3) State and local child support enforcement agencies, 14,734
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 14,735
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 14,736
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 14,737
shall pay to the bureau the actual costs of furnishing the 14,738
information described in this division. 14,739
(4) Requirements with respect to the confidentiality of 14,741
361
information obtained in the administration of this chapter and 14,742
any sanctions imposed on improper disclosure of information 14,743
obtained therein shall apply to the redisclosure of information 14,744
disclosed under this section. 14,745
(D) The administrator also shall furnish, as required by 14,747
section 303(h) of the "Social Security Act," to the United States 14,748
secretary of health and human services, and on a reimbursable 14,749
basis, prompt access to wage and claims information, including 14,750
any information useful in locating an absent parent or such 14,751
parent's employer for use by the "Parent Locator Service," 14,752
section 453, part D of Title IV of the "Social Security Act" and 14,753
as required under section 303(h) of such act. 14,754
(E)(1) If the director of human services determines that 14,756
direct, on-line access to the automated information system 14,757
maintained by the bureau of employment services is an effective 14,758
and efficient means of obtaining necessary information to aid in 14,759
the enforcement or collection of child support obligations, the 14,760
director shall make a written request to the administrator of the 14,761
bureau of employment services to permit the following to have 14,762
direct, on-line access to the information system: 14,763
(a) The department of human services; 14,765
(b) Officers, agents, or employees of a state or local 14,767
child support enforcement agency of this state or of another 14,768
state as designated by the director; 14,769
(c) Officers, agents, or employees of any private agency 14,771
designated by the director that is operating pursuant to a 14,772
contract entered into with a state or local child support 14,773
enforcement agency of this state for the exchange of information 14,774
related to the enforcement and collection of child support 14,775
obligations. 14,776
(2) The director of human services shall not designate 14,778
pursuant to division (E)(1) of this section a state or local 14,779
child support enforcement agency of this state or of another 14,780
state or any private agency to have access to the automated 14,781
362
information system maintained by the bureau unless he THE 14,782
DIRECTOR also determines that on-line direct access to the 14,784
bureau's automated information system by that agency is necessary 14,785
for the implementation of a child support enforcement program 14,786
operating pursuant to a plan described in section 454 of the 14,787
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 14,788
that has been approved by the secretary of health and human 14,789
services under part D of Title IV of the "Social Security Act," 14,790
88 Stat. 2351 (1975), 42 U.S.C.A. 651. 14,791
(3) Upon receipt of a request made under division (E)(1) 14,793
of this section, the administrator of the bureau shall comply 14,794
with the request and shall adopt rules pursuant to this section 14,795
and section 111.15 of the Revised Code to regulate access to the 14,796
bureau's automated information system. The rules shall include a 14,797
confidentiality requirement that conforms to division (E)(5) of 14,798
this section. 14,799
(4)(a) State and local child support enforcement agencies, 14,801
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 14,802
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 14,803
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 14,804
shall pay to the bureau the actual costs to the bureau of 14,805
accessing its automated information system. 14,806
(b) Any private agency designated by the director of human 14,808
services pursuant to division (E)(1) of this section that is 14,809
operating pursuant to a contract entered into with a state or 14,810
local child support enforcement agency of this state for the 14,811
exchange of information related to the enforcement and collection 14,812
of child support obligations shall pay or provide contractually 14,813
for the payment of the actual costs to the bureau of accessing 14,814
its automated information system. 14,815
(5) The requirements with respect to the confidentiality 14,817
of information obtained in the administration of this chapter and 14,818
any sanctions imposed on improper disclosure of information 14,819
obtained in the administration of this chapter shall apply to any 14,820
363
information obtained pursuant to division (E) of this section 14,821
through on-line access to the bureau's automated information 14,822
system. 14,823
(F) The director of human services, his THE DIRECTOR'S 14,825
employees, and other individuals to whom information is made 14,827
available pursuant to this section are subject to section 4141.22 14,828
of the Revised Code and the penalty for violation of that section 14,829
as specified in section 4141.99 of the Revised Code. 14,830
(G) As used in this section, "state or local child support 14,832
enforcement agency" means either of the following: 14,833
(1) In this state, the department of human services, the 14,835
division of child support created pursuant to section 5101.31 of 14,836
the Revised Code, or a child support enforcement agency 14,837
designated by the board of county commissioners pursuant to 14,838
section 2301.35 of the Revised Code; 14,839
(2) In a state other than this state, any agency of a 14,841
state or of a political subdivision of a state operating pursuant 14,842
to a plan described in section 454 of the "Social Security Act," 14,843
which has been approved by the secretary of health and human 14,844
services under part D of Title IV of the "Social Security Act." 14,845
Sec. 4141.28. (A) Applications for determination of 14,854
benefit rights and claims for benefits shall be filed with a 14,855
deputy of the administrator of the bureau of employment services 14,856
designated for the purpose. Such applications and claims may 14,857
also be filed with an employee of another state or federal agency 14,858
or with an employee of the unemployment insurance commission of 14,859
Canada, charged with the duty of accepting applications and 14,860
claims for unemployment benefits. 14,861
When a former employee of a state agency, board, or 14,863
commission that has terminated its operations files an 14,864
application under this division, the former employee shall give 14,865
notice that the agency, board, or commission has terminated its 14,866
operations. All notices or information required to be sent under 14,867
this chapter to or furnished by the applicant's employer shall be 14,868
364
sent to or furnished by the director of administrative services. 14,869
(B)(1) When an unemployed individual files an application 14,871
for determination of benefit rights, the administrator shall 14,872
furnish the individual with the information specified in division 14,874
(A) of section 4141.321 of the Revised Code and with a pamphlet 14,875
giving instructions for the steps an applicant may take if the 14,876
applicant's claim for benefits is disallowed. The pamphlet shall 14,878
state the applicant's right of appeal, clearly describe the 14,879
different levels of appeal, and explain where and when each 14,880
appeal must be filed. In filing an application, the individual 14,881
shall, for the individual's most recent employment, furnish the 14,882
administrator with either:
(a) The information furnished by the employer as provided 14,884
for in division (B)(2) of this section; 14,885
(b) The name and address of the employer for whom the 14,887
individual performed services and the individual's written 14,888
statement of the reason for separation from the employer. 14,889
Where the claimant has furnished information in accordance 14,891
with division (B)(1)(b) of this section, the administrator shall 14,892
promptly send a notice in writing that such filing has been made 14,893
to the individual's most recent employer, which notice shall 14,894
request from the employer the reason for the individual's 14,895
unemployment. The notice shall inform such employer of the 14,896
employer's right, upon request, to be present at a fact-finding 14,898
interview conducted prior to the making of any determination 14,899
under that division. Upon receipt of any request, the claimant 14,900
and the employer making the request shall have at least three 14,901
days' prior notice of the time and place of the fact-finding 14,902
interview. In the conduct of the interview, the administrator is 14,903
not bound by rules of evidence or of procedure for the conduct of 14,904
hearings. The administrator may request from any base period 14,905
employer information necessary for the determination of the 14,906
applicant's rights to benefits. Information as to the reason for 14,907
unemployment preceding an additional claim shall be obtained in 14,908
365
the same manner. Requests for such information shall be stamped 14,909
by the administrator with the date on which they are mailed. If 14,910
the employer fails to mail or deliver such information within ten 14,911
working days from the date the administrator mailed and date 14,912
stamped such request, and if necessary to assure prompt payment 14,913
of benefits when due, the administrator shall make the 14,914
determination, and shall base the determination on such 14,915
information as is available to the administrator, which shall 14,917
include the applicant's statement made under division (B)(1)(b) 14,918
of this section. The determination, as it relates to the 14,919
claimant's determination of benefit rights, shall be amended upon 14,920
receipt of correct remuneration information at any time within 14,921
the benefit year and any benefits paid and charged to an
employer's account prior to the receipt of such information shall 14,922
be adjusted, effective as of the beginning of the claimant's 14,923
benefit year. 14,924
(2) An employer who separates within any seven-day period 14,926
fifty or more individuals because of lack of work, and these 14,927
individuals upon separation will be unemployed as defined in 14,928
division (R) of section 4141.01 of the Revised Code, shall 14,929
furnish notice to the administrator of the dates of separation 14,930
and the approximate number of individuals being separated. The 14,931
notice shall be furnished at least three working days prior to 14,932
the date of the first day of such separations. In addition, at 14,933
the time of separation the employer shall furnish to the 14,934
individual being separated or to the administrator separation 14,935
information necessary to determine the individual's eligibility, 14,936
on forms and in a manner approved by the administrator. 14,937
An employer who operates multiple business establishments 14,939
at which both the effective authority for hiring and separation 14,940
of employees and payroll information is located and who, because 14,941
of lack of work, separates a total of fifty or more individuals 14,942
at two or more business establishments is exempt from the first 14,943
paragraph of division (B)(2) of this section. This paragraph 14,944
366
shall not be construed to relieve an employer who operates 14,945
multiple business establishments from complying with division 14,946
(B)(2) of this section where the employer separates fifty or more 14,947
individuals at any business establishment within a seven-day 14,948
period. 14,949
An employer of individuals engaged in connection with the 14,951
commercial canning or commercial freezing of fruits and 14,952
vegetables is exempt from the provision of division (B)(2) of 14,953
this section that requires an employer to furnish notice of 14,954
separation at least three working days prior to the date of the 14,955
first day of such separations. 14,956
(3) Where an individual at the time of filing an 14,958
application for determination of benefit rights furnishes 14,959
separation information provided by the employer or where the 14,960
employer has provided the administrator with the information in 14,961
accordance with division (B)(2) of this section, the 14,962
administrator shall make a determination of eligibility on the 14,963
basis of the information furnished. The administrator shall 14,964
promptly notify all interested parties under division (D)(1) of 14,965
this section of the determination. 14,966
(4) Where an employer has furnished separation information 14,968
under division (B)(2) of this section which is insufficient to 14,969
enable the administrator to make a determination of a claim for 14,970
benefits of an individual, or where the individual fails at the 14,971
time of filing an application for determination of benefit rights 14,972
to produce the separation information furnished by an employer, 14,973
the administrator shall follow the provisions specified in 14,974
division (B)(1) of this section. 14,975
(C) The administrator or the administrator's deputy shall 14,977
promptly examine any application for determination of benefit 14,978
rights filed, and on the basis of any facts found by the 14,979
administrator or deputy shall determine whether or not the 14,980
application is valid, and if valid, the date on which the benefit 14,981
year shall commence and the weekly benefit amount. The claimant, 14,983
367
the most recent employer, and any other employer in the
claimant's base period shall promptly be notified of the 14,984
determination and the reasons therefor. In addition, the 14,985
determination issued to the claimant shall include the total 14,986
amount of benefits payable, and the determination issued to each 14,987
chargeable base period employer shall include the total amount of 14,988
benefits which may be charged to the employer's account. 14,989
(D)(1) The administrator or the administrator's deputy 14,991
shall examine the first claim for benefits filed in any benefit 14,992
year, and any additional claim, and on the basis of any facts 14,993
found by the administrator or deputy shall determine whether 14,994
division (D) of section 4141.29 of the Revised Code is applicable 14,995
to the claimant's most recent separation and, to the extent 14,996
necessary, prior separations from work, and whether the 14,997
separation reason is qualifying or disqualifying for the ensuing 14,998
period of unemployment. Notice of such determination shall be 14,999
mailed to the claimant, the claimant's most recent employer, and 15,000
any other employer involved in the determination. 15,001
(a) Whenever the administrator has reason to believe that 15,003
the unemployment of twenty-five or more individuals relates to a 15,004
labor dispute, the administrator shall, within five calendar days 15,005
after their claims are filed, schedule a hearing concerning the 15,006
reason for unemployment. Notice of the hearing shall be sent to 15,007
all interested parties, including the duly authorized 15,008
representative of the parties, as provided in division (D)(1) of 15,009
this section. The hearing date shall be scheduled so as to 15,010
provide at least ten days' prior notice of the time and date of 15,011
the hearing. A similar hearing, in such cases, may be scheduled 15,012
when there is a dispute as to the duration or ending date of the 15,013
labor dispute. 15,014
(b) The administrator shall appoint a hearing officer to 15,016
conduct the hearing of the case under division (D)(1)(a) of this 15,017
section. The hearing officer is not bound by common law or 15,018
statutory rules of evidence or by technical or formal rules of 15,019
368
procedure, but shall take any steps that are reasonable and 15,020
necessary to obtain the facts and determine whether the claimants 15,021
are entitled to benefits under the law. The failure of any 15,022
interested party to appear at the hearing shall not preclude a 15,023
decision based upon all the facts available to the hearing 15,024
officer. The proceeding at the hearing shall be recorded by 15,025
mechanical means or by other means prescribed by the 15,026
administrator. The record need not be transcribed unless an 15,027
application for appeal is filed on the decision and the 15,028
chairperson of the unemployment compensation review commission 15,030
requests a transcript of the hearing within fourteen days after 15,031
the application for appeal is received by the commission. The 15,032
administrator shall prescribe rules concerning the conduct of the 15,034
hearings and all related matters and appoint an attorney to 15,035
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 15,037
decisions and reasons therefor on the case within ten calendar 15,038
days after the hearing. The hearing officer's decision issued by 15,039
the administrator is final unless an application for appeal is 15,040
filed with the review commission within twenty-one days after the 15,042
decision was mailed to all interested parties. The administrator 15,043
may, within the twenty-one-day appeal period, remove and vacate 15,044
the decision and issue a revised determination and appeal date. 15,045
(d) Upon receipt of the application for appeal, the full 15,047
review commission shall review the administrator's decision and 15,049
either schedule a further hearing on the case or disallow the 15,050
application. The review commission shall review the 15,051
administrator's decision within fourteen days after receipt of 15,052
the decision or the receipt of a transcript requested under 15,053
division (D)(1)(b) of this section, whichever is later. 15,054
(i) When a further hearing is granted, the commission 15,056
shall make the administrator's decision and record of the case, 15,058
as certified by the administrator, a part of the record and shall 15,059
consider the administrator's decision and record in arriving at a 15,060
369
decision on the case. The commission's decision affirming, 15,062
modifying, or reversing the administrator's decision, following 15,063
the further appeal, shall be mailed to all interested parties 15,064
within fourteen days after the hearing. 15,065
(ii) A decision of the disallowance of a further appeal 15,067
shall be mailed to all interested parties within fourteen days 15,068
after the commission makes the decision to disallow. The 15,069
disallowance is deemed an affirmation of the administrator's 15,071
decision.
(iii) The time limits specified in divisions (D)(1)(a), 15,073
(b), (c), and (d) of this section may be extended by agreement of 15,074
all interested parties or for cause beyond the control of the 15,075
administrator or the commission. 15,076
(e) An appeal of the commission's decision issued under 15,078
division (D)(1)(d) of this section may be taken to the court of 15,079
common pleas as provided in division (O) of this section. 15,080
(f) A labor dispute decision involving fewer than 15,082
twenty-five individuals shall be determined under division (D)(1) 15,083
of this section and the review commission shall determine any 15,085
appeal from the decision pursuant to division (M) of this section 15,086
and within the time limits provided in division (D)(1)(d) of this 15,087
section. 15,088
(2) The administrator or the administrator's deputy shall 15,090
also examine each continued claim for benefits filed, and on the 15,092
basis of any facts found by the administrator or the 15,093
administrator's deputy shall determine whether such claim shall 15,094
be allowed. 15,095
(a) The determination of a first or additional claim, 15,097
including the reasons therefor, shall be mailed to the claimant, 15,098
the claimant's most recent employer, and any other employer 15,099
involved in the determination. 15,100
(b) When the determination of a continued claim results in 15,102
a disallowed claim, the administrator shall notify the claimant 15,103
of such disallowance and the reasons therefor. 15,104
370
(3) Where the claim for benefits is directly attributable 15,106
to unemployment caused by a major disaster, as declared by the 15,107
president of the United States pursuant to the "Disaster Relief 15,108
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 15,109
filing the claim would otherwise have been eligible for disaster 15,110
unemployment assistance under that act, then upon application by 15,111
the employer any benefits paid on the claim shall not be charged 15,112
to the account of the employer who would have been charged on 15,113
such claim but instead shall be charged to the mutualized account 15,114
described in section 4141.25 of the Revised Code, provided that 15,115
this division is not applicable to an employer electing 15,116
reimbursing status under section 4141.241 of the Revised Code, 15,117
except reimbursing employers for whom benefit charges are charged 15,118
to the mutualized account pursuant to division (C) of section 15,119
4141.33 of the Revised Code. 15,120
(4)(a) An individual filing a new claim for unemployment 15,122
compensation shall disclose, at the time of filing, whether or 15,123
not the individual owes child support obligations. In such a 15,124
case, the administrator shall notify the state or local child 15,125
support enforcement agency enforcing the obligation only if the 15,126
claimant has been determined to be eligible for unemployment 15,127
compensation. 15,128
(b) The administrator shall deduct and withhold from 15,130
unemployment compensation payable to an individual who owes child 15,131
support obligations: 15,132
(i) Any amount required to be deducted and withheld from 15,134
the unemployment compensation pursuant to legal process, as that 15,135
term is defined in section 462(e) of the "Social Security Act," 15,136
88 Stat. 2351, 42 U.S.C. 654, as amended, and properly served 15,137
upon the administrator, as described in division (D)(4)(c) of 15,138
this section; or 15,139
(ii) Where division (D)(4)(b)(i) of this section is 15,141
inapplicable, in the amount determined pursuant to an agreement 15,142
submitted to the administrator under section 454(20)(B)(i) of the 15,143
371
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended, 15,144
by the state or local child support enforcement agency; or 15,145
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 15,147
section is applicable, then in the amount specified by the 15,148
individual. 15,149
(c) The state department of human services shall be 15,151
designated to receive all legal process described in division 15,152
(D)(4)(b)(i) of this section from each local child support 15,153
enforcement agency, which legal process was received by the 15,154
agency under section 2301.371 of the Revised Code or otherwise 15,155
was received by the agency. The processing of cases under part D 15,156
of Title IV of the "Social Security Act," 88 Stat. 2351 (1975), 15,157
42 U.S.C.A. 651, as amended, shall be determined pursuant to 15,158
agreement between the administrator and the state department of 15,159
human services. The department shall pay, pursuant to that 15,160
agreement, all of the costs of the bureau of employment services 15,161
that are associated with a deduction and withholding under 15,162
division (D)(4)(b)(i) of this section. 15,163
(d) The amount of unemployment compensation subject to 15,165
being withheld pursuant to division (D)(4)(b) of this section is 15,166
that amount which remains payable to the individual after 15,167
application of any recoupment provisions for recovery of 15,168
overpayments and after deductions which have been made under this 15,169
chapter for deductible income received by the individual. 15,170
(e) Any amount deducted and withheld under division 15,172
(D)(4)(b) of this section shall be paid to the appropriate state 15,173
or local DIVISION OF child support enforcement agency IN THE 15,175
DEPARTMENT OF HUMAN SERVICES in the following manner:
(i) The administrator shall determine the amounts that are 15,177
to be deducted and withheld on a per county basis. 15,178
(ii) For each county, the administrator shall forward to 15,180
the local DIVISION OF child support enforcement agency of the 15,181
county, at intervals to be determined pursuant to the agreement 15,182
referred to in division (D)(4)(c) of this section, the amount 15,183
372
determined for that county under division (D)(4)(e)(i) of this 15,184
section for disbursement to the obligees or assignees of such 15,185
support obligations. 15,186
(f) Any amount deducted and withheld under division 15,188
(D)(4)(b) of this section shall for all purposes be treated as if 15,189
it were paid to the individual as unemployment compensation and 15,190
paid by the individual to the state or local DIVISION OF child 15,191
support agency in satisfaction of the individual's child support 15,192
obligations. 15,193
(g) Division (D)(4) of this section applies only if 15,195
appropriate arrangements have been made for reimbursement by the 15,196
state or local DIVISION OF child support enforcement agency for 15,198
the administrative costs incurred by the administrator under this 15,199
section which are associated with or attributable to child 15,200
support obligations being enforced by the state or local child 15,201
support enforcement agency. 15,202
(h) As used in division (D)(4) of this section: 15,204
(i) "Child support obligations" means only obligations 15,206
which are being enforced pursuant to a plan described in section 15,207
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 15,208
as amended, which has been approved by the United States 15,209
secretary of health and human services under part D of Title IV 15,210
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 15,211
amended. 15,212
(ii) "State child support enforcement agency" means the 15,214
department of human services, bureau of child support, designated 15,215
as the single state agency for the administration of the program 15,216
of child support enforcement pursuant to part D of Title IV of 15,217
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 15,218
amended. 15,219
(iii) "Local child support enforcement agency" means the 15,221
child support enforcement agency designated pursuant to section 15,222
2301.35 of the Revised Code or any other agency of a political 15,223
subdivision of the state operating pursuant to a plan mentioned 15,224
373
in division (D)(4)(h)(i) of this section. 15,225
(iv) "Unemployment compensation" means any compensation 15,227
payable under this chapter including amounts payable by the 15,228
administrator pursuant to an agreement under any federal law 15,229
providing for compensation, assistance, or allowances with 15,230
respect to unemployment. 15,231
(E)(1) Any base period or subsequent employer of a 15,233
claimant who has knowledge of specific facts affecting such 15,234
claimant's right to receive benefits for any week may notify the 15,235
administrator in writing of such facts. The administrator shall 15,236
prescribe a form to be used for such eligibility notice, but 15,237
failure to use the prescribed form shall not preclude the 15,238
administrator's examination of any notice. 15,239
(2) An eligibility notice is timely filed if received by 15,241
the administrator or the administrator's deputy or postmarked 15,243
prior to or within forty-five calendar days after the end of the
week with respect to which a claim for benefits is filed by the 15,244
claimant. An employer who does not timely file an eligibility 15,246
notice shall not be an interested party with respect to the claim 15,247
for benefits which is the subject of the notice.
(3) The administrator or the administrator's deputy shall 15,249
consider the information contained in the eligibility notice, 15,250
together with other facts found by the administrator or the 15,251
administrator's deputy and, after giving notice to the notifying 15,252
employer, if the employer timely filed the eligibility notice, 15,253
and to the claimant, and other interested parties and informing 15,255
them of their right to be present at a predetermination 15,256
fact-finding interview, shall determine, unless a prior 15,259
determination on the same eligibility issue has become final, 15,260
whether such claim shall be allowed, and shall mail notice of 15,261
such determination to the notifying employer who timely filed the 15,263
eligibility notice, to the claimant, and to other interested 15,264
parties. If the determination disallows benefits for any week in 15,265
question, the payment of benefits with respect to that week shall 15,267
374
be withheld pending further appeal, or an overpayment order shall 15,268
be issued by the administrator as prescribed in section 4141.35 15,269
of the Revised Code, if applicable. 15,270
(F) In making determinations on applications for 15,272
determination of benefit rights and claims for benefits, the 15,273
administrator and the administrator's deputy shall follow 15,274
decisions of the unemployment compensation review commission 15,276
which have become final with respect to claimants similarly 15,278
situated.
(G)(1) Any interested party notified of a determination of 15,280
an application for determination of benefit rights or a claim for 15,281
benefits may, within twenty-one calendar days after the notice 15,282
was mailed to the party's last known post-office address, apply 15,283
in writing for a reconsideration of the administrator's or 15,284
deputy's determination. 15,285
(2) Unless an application for reconsideration is filed 15,287
within the twenty-one-day period, or within an extended period 15,288
pursuant to division (R) of this section, such determination of 15,289
the administrator or deputy is final, except that upon discovery, 15,290
within the benefit year, of an error in an employer's report 15,291
other than a report to correct remuneration information as 15,292
provided in division (B) of this section or any typographical or 15,293
clerical error in the administrator's determination or a decision 15,294
on reconsideration, the administrator or the administrator's 15,295
deputy shall issue a corrected determination or decision to all 15,297
interested parties, which determination or decision shall take 15,298
precedence over and void the prior determination or decision of 15,299
the administrator or the administrator's deputy, provided no 15,300
appeal has been filed with the commission. If a request for 15,301
reconsideration is filed within the twenty-one-day period, the 15,303
administrator shall promptly consider such request and, after 15,304
giving notice to the interested parties and informing them of 15,305
their right to be present at a predetermination fact-finding 15,306
interview, conducted as described in division (B) of this 15,307
375
section, shall issue the decision to the interested parties; 15,308
except that, if in the administrator's judgment the issues are 15,309
such as to require a hearing, the administrator may refer any 15,310
request for reconsideration to the commission as an appeal. 15,311
(3) If benefits are allowed by the administrator in the 15,313
initial determination or the decision on reconsideration, or in a 15,314
decision by a referee, the review commission, or a court, the 15,316
benefits shall be paid promptly, notwithstanding any further 15,317
appeal, provided that if benefits are denied upon reconsideration 15,318
or appeal, of which the parties have notice and an opportunity to 15,319
be heard, the payment of benefits shall be withheld pending a 15,320
decision on any further appeal. 15,321
(4) Any benefits paid to a claimant under this section 15,323
prior to a final determination of the claimant's right to the 15,324
benefits shall be charged to the employer's account as provided 15,326
in division (D) of section 4141.24 of the Revised Code, provided 15,327
that if there is no final determination of the claim by the 15,328
subsequent thirtieth day of June, the employer's account will be 15,329
credited with the total amount of benefits which has been paid 15,330
prior to that date, based on the determination which has not 15,331
become final. The total amount credited to the employer's 15,332
account shall be charged to a suspense account which shall be 15,333
maintained as a separate bookkeeping account and administered as 15,334
a part of section 4141.24 of the Revised Code, and shall not be 15,335
used in determining the account balance of the employer for the 15,336
purpose of computing the employer's contribution rate under 15,337
section 4141.25 of the Revised Code. If it is finally determined 15,338
that the claimant is entitled to all or a part of the benefits in 15,339
dispute, the suspense account shall be credited and the 15,340
appropriate employer's account charged with the benefits. If it 15,341
is finally determined that the claimant is not entitled to all or 15,342
any portion of the benefits in dispute, the benefits shall be 15,343
credited to the suspense account and a corresponding charge made 15,344
to the mutualized account established in division (D) of section 15,345
376
4141.25 of the Revised Code, provided that, except as otherwise 15,346
provided in this division, if benefits are chargeable to an 15,347
employer or group of employers who is required or elects to make 15,348
payments to the fund in lieu of contributions under section 15,349
4141.241 of the Revised Code, the benefits shall be charged to 15,350
the employer's account in the manner provided in division (D) of 15,351
section 4141.24 and division (B) of section 4141.241 of the 15,352
Revised Code, and no part of the benefits may be charged to the 15,353
suspense account provided in this division. To the extent that 15,354
benefits which have been paid to a claimant and charged to the 15,355
employer's account are found not to be due the claimant and are 15,356
recovered by the administrator as provided in section 4141.35 of 15,357
the Revised Code, they shall be credited to the employer's 15,358
account.
(H) Any interested party may appeal the administrator's 15,360
decision on reconsideration to the commission and unless an 15,362
appeal is filed from such decision on reconsideration with the 15,363
commission within twenty-one calendar days after such decision 15,365
was mailed to the last known post-office address of the 15,366
appellant, or within an extended period pursuant to division (R) 15,367
of this section, such decision on reconsideration is final and 15,368
benefits shall be paid or denied in accordance therewith. 15,369
(I) Requests for reconsideration, appeals, or applications 15,371
for further appeals may be filed with the commission, with the 15,373
administrator or one of the administrator's deputies, with an 15,374
employee of another state or federal agency, or with an employee 15,376
of the unemployment insurance commission of Canada charged with 15,377
the duty of accepting claims. 15,378
(1) Any timely written notice stating that the interested 15,380
party desires a review of the previous determination or decision 15,381
and the reasons therefor, shall be accepted. 15,382
(2) The administrator, commission, or authorized agent 15,384
must receive the request, appeal, or application within the 15,386
specified appeal period in order for the request, appeal, or 15,387
377
application to be deemed timely filed, except that: 15,388
(a) If the United States postal service is used as the 15,390
means of delivery, the enclosing envelope must have a postmark 15,391
date, as governed by United States postal regulations, that is on 15,392
or before the last day of the specified appeal period; and 15,393
(b) Where the postmark date is illegible or missing, the 15,395
request, appeal, or application is timely filed if received no 15,396
later than the end of the third calendar day following the last 15,397
day of the specified appeal period. 15,398
(J) When an appeal from a decision on reconsideration of 15,400
the administrator or deputy is taken, all interested parties 15,401
shall be notified and the commission or a referee shall, after 15,403
affording such parties reasonable opportunity for a fair hearing, 15,404
affirm, modify, or reverse the findings of fact and the decision 15,405
of the administrator or deputy in the manner which appears just 15,406
and proper. In the conduct of such hearing or any other hearing 15,407
on appeal to the commission which is provided in this section, 15,409
the commission and the referees are not bound by common law or 15,410
statutory rules of evidence or by technical or formal rules of 15,411
procedure. The commission and the referees shall take any steps 15,412
in the hearings, consistent with the impartial discharge of their 15,414
duties, which appear reasonable and necessary to ascertain the 15,415
facts and determine whether the claimant is entitled to benefits 15,416
under the law. For the purpose of any hearing on appeal which is 15,417
provided in this section, the file of the administrator 15,418
pertaining to the case shall be certified by the administrator 15,419
and shall automatically become a part of the record in the appeal 15,420
hearing. All information in the file which pertains to the claim, 15,421
including statements made to the administrator or the 15,422
administrator's deputy by the individual claiming benefits or 15,424
other interested parties, shall be considered by the commission 15,425
and the referees in arriving at a decision, together with any 15,427
other information which is produced at the hearing. The 15,428
commission and referees may conduct any such hearing in person or 15,430
378
by telephone. The commission shall adopt rules which designate 15,432
the circumstances under which the commission or referees may 15,434
conduct a hearing by telephone, grant a party to the hearing the 15,435
opportunity to object to a hearing by telephone, and govern the 15,436
conduct of hearings by telephone. An interested party whose 15,437
hearing would be by telephone pursuant to the commission rules 15,438
may elect to have an in-person hearing, provided that the party 15,439
electing the in-person hearing agrees to have the hearing at the 15,440
time and place the commission determines pursuant to rule. 15,441
(1) The failure of the claimant or other interested party 15,443
to appear at a hearing, unless the claimant or interested party 15,444
is the appealing party, shall not preclude a decision in the 15,446
claimant's or interested party's favor, if on the basis of all 15,447
the information in the record, including that contained in the 15,448
file of the administrator, the claimant or interested party is 15,449
entitled to the decision. 15,450
(2) If the party appealing fails to appear at the hearing, 15,452
the referee or the commission shall dismiss the appeal, provided 15,454
that the referee or commission shall vacate the dismissal upon a 15,456
showing that due notice of the hearing was not mailed to such 15,457
party's last known address or good cause for the failure to 15,458
appear is shown to the referee or the commission within fourteen 15,459
days after the hearing date. No further appeal from the decision 15,461
may thereafter be instituted by such party. If the other party 15,462
fails to appear at the hearing, the referee or the commission 15,463
shall proceed with the hearing and shall issue a decision without 15,465
further hearing, provided that the referee or commission shall 15,466
vacate the decision upon a showing that due notice of the hearing 15,468
was not mailed to such party's last known address or good cause 15,469
for such party's failure to appear is shown to the referee or the 15,470
commission within fourteen days after the hearing date. 15,472
(3) Where a party requests that a hearing be scheduled in 15,474
the evening because the party is employed during the day, the 15,475
commission or referee shall schedule the hearing during such 15,477
379
hours as the party is not employed. 15,478
(K) The proceedings at the hearing before the referee, or 15,480
the commission, shall be recorded by mechanical means or 15,481
otherwise as may be prescribed by the commission. Unless the 15,483
claim is further appealed, such record of proceedings need not be 15,485
transcribed.
(L) All interested parties shall be notified of the 15,487
referee's decision, which shall include the reasons therefor. 15,488
The referee's decision shall become final unless, within 15,489
twenty-one days after the decision was mailed to the last known 15,490
post-office address of such parties, or within an extended period 15,491
pursuant to division (R) of this section, the commission on its 15,493
own motion removes or transfers such claim to itself or an 15,494
application to institute a further appeal before the commission 15,496
is filed by any interested party and such appeal is allowed by 15,497
the commission. 15,498
(M) When any claim is removed or transferred to the 15,500
commission on its own motion, or when an application to institute 15,502
a further appeal is allowed by the commission, the commission 15,504
shall review the decision of the referee and shall either affirm, 15,505
modify, or reverse such decision. Before rendering its decision, 15,506
the commission may remand the case to the referee for further 15,508
proceedings. When the commission disallows an application to 15,509
institute a further appeal, or renders its decision affirming, 15,511
modifying, or reversing the decision of the referee, all 15,512
interested parties shall be notified of such decision or order by 15,513
mail addressed to the last known post-office address of such 15,514
parties. A disallowance by the commission of an application for 15,516
further appeal shall be deemed an affirmation by the commission 15,517
of the referee's decision under appeal. 15,518
(N) Whenever the administrator and the chairperson of the 15,520
review commission determine in writing and certify jointly that a 15,522
controversy exists with respect to the proper application of this 15,523
chapter to more than five hundred claimants similarly situated 15,524
380
whose claims are pending before the administrator or the review 15,526
commission or both on reconsideration or appeal applied for or
filed by three or more employers or by such claimants, the 15,528
chairperson of the review commission shall select one such claim 15,530
which is representative of all such claims and assign it for a 15,532
fair hearing and decision. Any other claimant or employer in the 15,533
group who makes a timely request to participate in the hearing 15,534
and decision shall be given a reasonable opportunity to 15,535
participate as a party to the proceeding. 15,536
Such joint certification by the administrator and the 15,538
chairperson of the commission shall constitute a stay of further 15,540
proceedings in the claims of all claimants similarly situated 15,541
until the issue or issues in controversy are adjudicated by the 15,542
supreme court of Ohio. At the time the decision of the 15,543
commission is issued, the chairperson shall certify the 15,545
commission's decision directly to the supreme court of Ohio and 15,548
the chairperson shall file with the clerk of the supreme court a 15,550
certified copy of the transcript of the proceedings before the 15,551
commission pertaining to such decision. Hearings on such issues 15,553
shall take precedence over all other civil cases. If upon 15,554
hearing and consideration of such record the court decides that 15,555
the decision of the commission is unlawful, the court shall 15,557
reverse and vacate the decision or modify it and enter final 15,558
judgment in accordance with such modification; otherwise such 15,559
court shall affirm such decision. The notice of the decision of 15,560
the commission to the interested parties shall contain a 15,562
certification by the chairperson of the commission that the 15,563
decision is of great public interest and that a certified 15,565
transcript of the record of the proceedings before the commission 15,566
has been filed with the clerk of the supreme court as an appeal 15,568
to the court. Promptly upon the final judgment of the court, the 15,569
administrator and the commission shall decide those claims 15,570
pending before them where the facts are similar and shall notify 15,572
all interested parties of such decision and the reason therefor 15,573
381
in the manner provided for in this section. Nothing in this 15,574
division shall be construed so as to deny the right of any such 15,575
claimant, whose claim is pending before the administrator on 15,576
reconsideration or before the commission, to apply for and be 15,578
granted an opportunity for a fair hearing to show that the facts 15,579
in the claimant's case are different from the facts in the claim 15,580
selected as the representative claim as provided in this 15,581
division, nor shall any such claimant be denied the right to
appeal the decision of the administrator or the commission which 15,582
is made as a result of the decision of the court in the 15,584
representative case.
(O)(1) Any interested party as defined in division (I) of 15,586
section 4141.01 of the Revised Code, within thirty days after 15,587
notice of the decision of the commission was mailed to the last 15,589
known post-office address of all interested parties, may appeal 15,590
from the decision of the commission to the court of common pleas 15,592
of the county where the appellant, if an employee, is resident or 15,593
was last employed or of the county where the appellant, if an 15,594
employer, is resident or has the principal place of business in 15,595
this state. The commission shall provide on its decision the 15,597
names and addresses of all interested parties. Such appeal shall 15,598
be taken within such thirty days by the appellant by filing a 15,599
notice of appeal with the clerk of the court of common pleas. 15,600
Such filing shall be the only act required to perfect the appeal 15,601
and vest jurisdiction in the court. Failure of an appellant to 15,602
take any step other than timely filing of a notice of appeal does 15,603
not affect the validity of the appeal, but is grounds only for 15,604
such action as the court deems appropriate, which may include 15,605
dismissal of the appeal. Such notice of appeal shall set forth 15,606
the decision appealed from. The appellant shall mail a copy of 15,607
the notice of appeal to the commission and to all interested 15,609
parties by certified mail to their last known post-office address 15,610
and proof of the mailing of the notice shall be filed with the 15,611
clerk within thirty days of filing the notice of appeal. All 15,612
382
interested parties shall be made appellees. The commission upon 15,614
receipt of the notice of appeal shall within thirty days file 15,615
with the clerk a certified transcript of the record of the 15,616
proceedings before the commission pertaining to the decision 15,618
complained of, and mail a copy of the transcript to the 15,619
appellant's attorney or to the appellant, if not represented by 15,620
counsel. The appellant shall file a statement of the assignments 15,621
of error presented for review within sixty days of the filing of 15,622
the notice of appeal with the court. The appeal shall be heard 15,623
upon such record certified by the commission. After an appeal 15,625
has been filed in the court, the commission may, by petition, be 15,627
made a party to such appeal. If the court finds that the 15,628
decision was unlawful, unreasonable, or against the manifest 15,629
weight of the evidence, it shall reverse and vacate such decision 15,630
or it may modify such decision and enter final judgment in 15,631
accordance with such modification; otherwise such court shall 15,632
affirm such decision. Any interested party shall have the right 15,633
to appeal from the decision of the court as in civil cases. 15,634
(2) If an appeal is filed after the thirty-day appeal 15,636
period established in division (O)(1) of this section, the court 15,637
of common pleas shall conduct a hearing to determine whether the 15,638
appeal was timely filed pursuant to division (R) of this section. 15,639
At the hearing, additional evidence may be introduced and oral 15,640
arguments may be presented regarding the timeliness of the filing 15,641
of the appeal. If the court of common pleas determines that the 15,642
time for filing the appeal is extended as provided in division 15,643
(R) of this section and that the appeal was filed within the 15,644
extended time provided in that division, the court shall 15,645
thereafter make its decision on the merits of the appeal. If the 15,646
court of common pleas determines that the time for filing the 15,647
appeal may not be extended as provided in division (R) of this 15,648
section, the court shall dismiss the appeal accordingly. The 15,649
determination on timeliness by the court of common pleas may be 15,650
appealed to the court of appeals as in civil cases, and such 15,651
383
appeal shall be consolidated with any appeal from the decision by 15,652
the court of common pleas on the merits of the appeal. 15,653
(P) Any application for reconsideration, any appeal from a 15,655
decision on reconsideration of the determination of the 15,656
administrator, application to institute a further appeal, and any 15,657
notice of intention to appeal the decision or order of the 15,658
commission to a court of common pleas may be executed in behalf 15,660
of any party or any group of claimants by an agent. 15,661
(Q)(1) The administrator, the administrator's deputy, the 15,663
referee, the review commission, or the court that has the 15,664
authority or jurisdiction pursuant to this section to hear an 15,666
application for reconsideration or an appeal that is timely filed 15,667
shall render a decision on the application for reconsideration or 15,668
the appeal and upon any further application for reconsideration 15,669
or appeal that is timely filed, whether or not the claimant meets 15,670
the able to work, available for suitable work, or the actively 15,671
seeking work requirements of division (A)(4)(a) of section 15,672
4141.29 of the Revised Code, if all of the following apply: 15,673
(a) The claimant's claim for benefits is allowed or denied 15,675
upon initial determination by the administrator or the 15,676
administrator's deputy or upon reconsideration, review, or appeal 15,678
by a decision of the administrator, the administrator's deputy, a 15,679
referee, the review commission, or a court. 15,680
(b) After the claim is allowed or disallowed, the claimant 15,682
is subjected to criminally injurious conduct, as defined in 15,683
section 2743.51 of the Revised Code. 15,684
(c) Pursuant to this section, any interested party timely 15,686
applies for reconsideration, or timely files an appeal, of the 15,687
determination or decision. 15,688
(d) The claimant files an application for an award of 15,690
reparations pursuant to sections 2743.51 to 2743.72 of the 15,691
Revised Code, for the loss of unemployment benefits. 15,692
(2) Any decision that is rendered pursuant to division 15,694
(Q)(1) of this section when a claimant fails to meet the able to 15,695
384
work, available for suitable work, or the actively seeking work 15,696
requirements of division (A)(4)(a) of section 4141.29 of the 15,697
Revised Code shall apply only for the purposes of any claim for 15,698
an award of reparations filed pursuant to sections 2743.51 to 15,699
2743.72 of the Revised Code and shall not enable a claimant who 15,700
does not meet the able to work, available for suitable work, or 15,701
the actively seeking work requirements of division (A)(4)(a) of 15,702
section 4141.29 of the Revised Code to obtain any benefits 15,703
pursuant to this chapter. 15,704
(R) The time for filing a request for reconsideration, an 15,706
appeal, an application to institute further appeal, or a court 15,707
appeal, under division (G), (H), (L), or (O) of this section 15,708
shall be extended as follows: 15,709
(1) When the last day of an appeal period is a Saturday, 15,711
Sunday, or legal holiday, the appeal period is extended to the 15,712
next work day after the Saturday, Sunday, or legal holiday; or 15,713
(2) When an interested party provides certified medical 15,715
evidence stating that the interested party's physical condition 15,716
or mental capacity prevented the interested party from filing a 15,717
request for reconsideration, an appeal, or an application to 15,718
institute further appeal pursuant to division (G), (H), or (L) of 15,719
this section within the appropriate twenty-one-day period, the 15,720
appeal period is extended to twenty-one days after the end of the 15,721
physical or mental condition and the request, appeal, or 15,722
application is considered timely filed if filed within that 15,723
extended period; 15,724
(3) When an interested party provides evidence, which 15,726
evidence may consist of testimony from the interested party, that 15,727
is sufficient to establish that the party did not actually 15,728
receive the determination or decision within the applicable 15,730
appeal period pursuant to division (G), (H), or (L) of this 15,731
section, and the administrator or the commission finds that the 15,732
interested party did not actually receive the determination or 15,734
decision within the applicable appeal period, then the appeal 15,735
385
period is extended to twenty-one days after the interested party 15,736
actually receives the determination or decision. 15,737
(4) When an interested party provides evidence, which 15,739
evidence may consist of testimony from the interested party, that 15,740
is sufficient to establish that the party did not actually 15,741
receive a decision within the thirty-day appeal period provided 15,742
in division (O)(1) of this section, and a court of common pleas 15,743
finds that the interested party did not actually receive the 15,744
decision within that thirty-day appeal period, then the appeal 15,745
period is extended to thirty days after the interested party 15,746
actually receives the decision. 15,747
(S) No finding of fact or law, decision, or order of the 15,749
administrator, referee, or the review commission, or a reviewing 15,751
court pursuant to this section, shall be given collateral 15,752
estoppel or res judicata effect in any separate or subsequent 15,753
judicial, administrative, or arbitration proceeding, other than a 15,754
proceeding arising under this chapter. 15,755
Sec. 4143.27. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 15,757
2301.373 OF THE REVISED CODE, THE DEPARTMENT OF COMMERCE SHALL 15,758
COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 15,759
PURSUANT TO THIS CHAPTER.
Sec. 4303.38. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 15,761
2301.373 OF THE REVISED CODE, THE DIVISION OF LIQUOR CONTROL 15,762
SHALL COMPLY WITH THAT SECTION WITH RESPECT TO A PERMIT ISSUED 15,763
PURSUANT TO THIS CHAPTER.
Sec. 4517.16. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 15,765
2301.373 OF THE REVISED CODE, THE REGISTRAR OF MOTOR VEHICLES 15,766
SHALL COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE OR 15,767
PERMIT ISSUED PURSUANT TO THIS CHAPTER.
Sec. 4766.013. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 15,769
2301.373 OF THE REVISED CODE, THE OHIO AMBULANCE LICENSING BOARD 15,770
SHALL COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 15,771
PURSUANT TO THIS CHAPTER.
Sec. 4773.09. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 15,773
386
2301.373 OF THE REVISED CODE, THE DEPARTMENT OF HEALTH SHALL 15,774
COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 15,775
PURSUANT TO THIS CHAPTER.
Sec. 5101.31. (A) As used in this section: 15,784
(1) "CABLE TELEVISION SERVICE" HAS THE SAME MEANING AS IN 15,786
SECTION 2913.01 OF THE REVISED CODE. 15,787
(2) "Child support enforcement agency" means an agency 15,789
designated as a child support enforcement agency under section 15,790
2301.25 of the Revised Code. 15,791
(2)(3) "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN 15,793
SECTION 2301.373 OF THE REVISED CODE. 15,794
(4) "FINANCIAL INSTITUTION" HAS THE SAME MEANING AS IN 15,796
SECTION 3113.21 OF THE REVISED CODE. 15,797
(5) "Law enforcement entity" means a public entity that 15,799
employs a law enforcement officer. 15,800
(6) "OBLIGOR" AND "OBLIGEE" HAVE THE SAME MEANINGS AS IN 15,803
SECTION 3113.21 OF THE REVISED CODE. 15,804
(7) "PUBLIC UTILITY" MEANS A PERSON OR ENTITY, INCLUDING 15,806
AN ENTITY OWNED OR OPERATED BY A MUNICIPAL CORPORATION OR OTHER 15,807
GOVERNMENT ENTITY, THAT IS DESCRIBED IN DIVISION (A) OF SECTION 15,809
4905.03 OF THE REVISED CODE AS A TELEPHONE COMPANY, ELECTRIC 15,812
LIGHT COMPANY, GAS COMPANY, NATURAL GAS COMPANY, WATER-WORKS 15,813
COMPANY, HEATING OR COOLING COMPANY, OR SEWAGE DISPOSAL SYSTEM 15,814
COMPANY, OR THAT IS PROVIDING CABLE TELEVISION SERVICE. 15,815
(8) "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION 15,817
2301.34 OF THE REVISED CODE. 15,819
(B) The division of child support is hereby created in the 15,822
department of human services. The division shall establish and 15,823
administer a program of child support enforcement, which program 15,824
shall meet the requirements of Title IV-D of the "Social Security 15,825
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any 15,826
rules promulgated under Title IV-D. The program of child support 15,827
enforcement shall include, but not be limited to, the location of 15,828
absent parents, the establishment of parentage, the establishment 15,829
387
and modification of child support orders and medical support 15,830
orders, the enforcement of support orders, and the collection of 15,831
support obligations.
AS PART OF ITS EFFORTS TO ESTABLISH PARENTAGE, THE DIVISION 15,833
SHALL DEVELOP A PROGRAM TO PUBLICIZE THE STATE PROCEDURES FOR 15,834
ESTABLISHING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP AND 15,835
THE ADVANTAGES OF ESTABLISHING SUCH A RELATIONSHIP. THE DIVISION 15,836
MAY REQUIRE ANY BOARD, COMMISSION, OR AGENCY OF THE STATE TO 15,837
PARTICIPATE IN THE PUBLICITY PROGRAM.
The department shall charge an application fee of up to 15,839
twenty-five dollars, as determined by rule adopted by the 15,840
department pursuant to Chapter 119. of the Revised Code, for 15,841
furnishing services under Title IV-D of the "Social Security 15,842
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons 15,843
not receiving aid to dependent children. The department shall 15,844
adopt rules pursuant to Chapter 119. of the Revised Code 15,845
authorizing counties, at their option, to waive the payment of 15,846
the fee. The application fee, unless waived pursuant to rules 15,847
adopted by the department pursuant to this section, shall be paid 15,848
by those persons. 15,849
(C) The division of child support shall establish, by rule 15,851
adopted pursuant to Chapter 119. of the Revised Code, a program 15,852
of spousal support enforcement in conjunction with child support 15,853
enforcement. The program shall conform, to the extent 15,854
practicable, to the program for child support enforcement 15,855
established pursuant to division (B) of this section. 15,856
(D) The department of human services shall enter into an 15,858
agreement with the secretary of health and human services, as 15,859
authorized by the "Parental Kidnapping Prevention Act of 1980," 15,860
94 Stat. 3572, 42 U.S.C. 663, as amended, under which the 15,861
services of the parent locater service established pursuant to 15,862
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 15,863
U.S.C. 651, as amended, shall be made available to this state for 15,864
the purpose of determining the whereabouts of any absent parent 15,865
388
or child in order to enforce a law with respect to the unlawful 15,866
taking or restraint of a child, or to make or enforce a 15,867
determination as to the allocation, between the parents of a 15,868
child, of the parental rights and responsibilities for the care 15,869
of a child and the designation of the residential parent and 15,870
legal custodian of a child or otherwise as to the custody of a 15,871
child. 15,872
(E) The division of child support shall not use any social 15,874
security number made available to it under section 3705.07 of the 15,875
Revised Code for any purpose other than child support 15,876
enforcement. 15,877
(F)(1) Except as provided by the rules adopted pursuant to 15,879
this division (F)(2) OF THIS SECTION, no person shall disclose DO 15,881
EITHER OF THE FOLLOWING:
(a) DISCLOSE information concerning applicants for and 15,883
recipients of Title IV-D support enforcement program services 15,885
provided by a child support enforcement agency; 15,886
(b) DISCLOSE ANY INFORMATION COLLECTED PURSUANT TO 15,888
DIVISION (G) OF THIS SECTION. The department of human services 15,889
(2) THE DIVISION OF CHILD SUPPORT shall adopt rules 15,891
governing access to, and use and disclosure of, THE information 15,893
concerning applicants for and recipients of Title IV-D support 15,895
enforcement program services provided by a child support
enforcement agency DESCRIBED IN DIVISION (F)(1) OF THIS SECTION. 15,897
The rules shall be consistent with the requirements of Title IV-D 15,898
of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.
651, as amended, and any rules adopted under Title IV-D. 15,899
(G)(1) Except as provided in division (G)(2) of this 15,902
section, the department of human services THE DIVISION OF CHILD
SUPPORT shall have access to any ALL OF THE FOLLOWING UNLESS 15,904
RELEASE OF THE INFORMATION IS PROHIBITED BY FEDERAL LAW: 15,905
(a) ANY information in the possession of any officer, 15,907
board, commission, or agency ENTITY of the state OR ANY POLITICAL 15,910
SUBDIVISION OF THE STATE that would aid the department DIVISION 15,911
389
in locating an absent parent or child pursuant to division (D) of 15,913
this section, unless release of the information is prohibited by 15,914
federal law;
(b) ANY INFORMATION CONCERNING THE EMPLOYMENT, 15,916
COMPENSATION, AND BENEFITS OF ANY OBLIGOR OR OBLIGEE SUBJECT TO A 15,918
SUPPORT ORDER IN THE POSSESSION OF ANY PERSON;
(c) THE NAME AND ADDRESS OF ANY OBLIGOR OR OBLIGEE SUBJECT 15,921
TO A SUPPORT ORDER AND THE OBLIGOR'S OR OBLIGEE'S EMPLOYER IN THE 15,922
CUSTOMER RECORDS OF A PUBLIC UTILITY;
(d) ANY INFORMATION CONCERNING ANY OBLIGOR OR OBLIGEE 15,925
SUBJECT TO A SUPPORT ORDER IN THE POSSESSION OF A FINANCIAL 15,926
INSTITUTION.
(2) The department of taxation, the bureau of motor 15,928
vehicles, and a law enforcement entity shall provide information 15,929
the division of child support requests from the department, 15,930
bureau, or entity that will enable the division to locate a 15,931
parent the division or a child support enforcement agency is 15,932
seeking pursuant to child support enforcement activities. The 15,933
department, bureau, PERSON or entity REQUIRED TO PROVIDE 15,934
INFORMATION PURSUANT TO DIVISION (G)(1) OF THIS SECTION, may 15,936
provide such information to a child support enforcement agency at 15,937
the agency's request or require the agency to request that the 15,938
division of child support request the information for the agency. 15,939
The division shall request the information from the department, 15,940
bureau, PERSON or entity on the request of a child support 15,942
enforcement agency.
The only information the department shall provide the 15,944
division or an agency under this section is the name and address 15,945
of a parent the division or agency is seeking. The information 15,946
the bureau or entity shall provide to the division or an agency 15,947
under this section is the information Title IV-D of the "Social 15,948
Security Act" requires the division or agency be able to receive. 15,949
The division or agency shall reimburse the department, 15,951
bureau, or entity for the cost of providing the information. If 15,953
390
the division requests the information for an agency, the agency 15,954
shall reimburse the division for reimbursing the department, 15,955
bureau, or entity.
(3) AN OFFICER OR ENTITY OF THE STATE OR POLITICAL 15,957
SUBDIVISION OF THE STATE OR ANY OTHER PERSON WHO PROVIDES 15,959
INFORMATION PURSUANT TO THIS DIVISION, AND A FINANCIAL 15,960
INSTITUTION THAT PROVIDES INFORMATION PURSUANT TO AN AGREEMENT 15,961
ENTERED INTO PURSUANT TO SECTION 5101.315 OF THE REVISED CODE TO 15,963
THE DIVISION OF CHILD SUPPORT SHALL NOT BE SUBJECT TO CRIMINAL OR 15,964
CIVIL LIABILITY FOR PROVIDING THE INFORMATION. 15,965
(4) NO OFFICER OR ENTITY OF THE STATE OR A POLITICAL 15,968
SUBDIVISION OF THE STATE OR OTHER PERSON SHALL FAIL TO PROVIDE 15,969
INFORMATION AS REQUIRED BY DIVISION (G)(1) OR (2) OF THIS 15,970
SECTION. AN OFFICER, ENTITY, OR PERSON THAT FAILS TO PROVIDE THE 15,972
INFORMATION SHALL BE FINED FIVE HUNDRED DOLLARS. THE DEPARTMENT 15,973
OF HUMAN SERVICES SHALL FILE AN ACTION IN THE COURT OF COMMON 15,974
PLEAS OF FRANKLIN COUNTY, REQUESTING THAT THE COURT IMPOSE THE 15,976
FINE FOR FAILURE TO PROVIDE THE INFORMATION. IF THE COURT 15,977
DETERMINES THAT THE OFFICER, ENTITY, OR OTHER PERSON FAILED TO 15,978
PROVIDE THE INFORMATION, IT SHALL IMPOSE THE FINE. THE COURT 15,979
SHALL DIRECT THAT THE FINE BE PAID TO THE DEPARTMENT OF HUMAN 15,981
SERVICES.
(5)(a) IN IMPOSING A FINE AGAINST THE STATE OR ANY 15,983
POLITICAL SUBDIVISION OF THE STATE, PURSUANT TO DIVISION (G)(4) 15,984
OF THIS SECTION, THE COURT SHALL SPECIFY THE ENTITY OF THE STATE 15,985
OR POLITICAL SUBDIVISION AGAINST WHICH THE FINE HAS BEEN IMPOSED. 15,986
(b) NO EXECUTION SHALL ISSUE AGAINST THE STATE OR ANY 15,988
ENTITY OF THE STATE OR POLITICAL SUBDIVISION. 15,989
(c) THE FINE SHALL BE COLLECTED ONLY THROUGH THE FOLLOWING 15,991
PROCEDURE, WHICH MAY BE ENFORCED BY WRIT OF MANDAMUS DIRECTED TO 15,992
THE APPROPRIATE OFFICIAL: 15,993
(i) THE CLERK OF THE COURT SHALL FORWARD A CERTIFIED COPY 15,995
OF THE ORDER IMPOSING THE FINE TO THE DIRECTOR OF BUDGET AND 15,996
MANAGEMENT AND THE ATTORNEY GENERAL OR THE RESPONSIBLE OFFICER OF 15,997
391
THE ENTITY AGAINST WHICH THE FINE HAS BEEN IMPOSED. 15,998
(ii) THE EXPENSE OF THE FINE SHALL BE CHARGED BY THE 16,000
DIRECTOR AGAINST AVAILABLE UNENCUMBERED MONEYS IN THE 16,001
APPROPRIATIONS TO WHICHEVER ENTITY IS NAMED IN THE ORDER. THE 16,002
DIRECTOR OF BUDGET AND MANAGEMENT SHALL HAVE SOLE DISCRETION TO 16,003
DETERMINE WHETHER OR NOT UNENCUMBERED MONEYS IN A PARTICULAR 16,004
APPROPRIATION ARE AVAILABLE FOR PAYMENT OF THE FINE.
(iii) THE DIRECTOR, ON RECEIPT OF THE CERTIFIED COPY OF 16,006
THE ORDER FROM THE CLERK PURSUANT TO DIVISION (G)(5)(c)(i) OF 16,008
THIS SECTION, SHALL PROVIDE FOR PAYMENT OF THE FINE TO THE 16,009
DEPARTMENT OF HUMAN SERVICES.
(iv) IF THE DIRECTOR DETERMINES THAT SUFFICIENT 16,011
UNENCUMBERED MONEYS DO NOT EXIST IN THE PARTICULAR APPROPRIATIONS 16,012
TO PAY THE FINE, THE DIRECTOR MAY MAKE APPLICATION FOR PAYMENT 16,013
OUT OF THE EMERGENCY PURPOSES ACCOUNT OR ANY OTHER APPROPRIATION 16,014
FOR EMERGENCIES OR CONTINGENCIES.
(v) IF MONEYS IN THE EMERGENCY PURPOSES ACCOUNT OR ANY 16,016
OTHER APPROPRIATION FOR EMERGENCIES OR CONTINGENCIES ARE NOT USED 16,017
TO PAY THE FINE, THE DIRECTOR SHALL REQUEST THAT THE GENERAL 16,018
ASSEMBLY MAKE AN APPROPRIATION SUFFICIENT TO PAY THE FINE, AND NO 16,019
PAYMENT SHALL BE MADE UNTIL THE APPROPRIATION HAS BEEN MADE. THE 16,020
APPROPRIATE ENTITY SHALL MAKE THIS APPROPRIATION REQUEST DURING 16,021
THE CURRENT BIENNIUM AND DURING EACH SUCCEEDING BIENNIUM UNTIL A 16,022
SUFFICIENT APPROPRIATION IS MADE.
(vi) IF THE FINE IS IMPOSED ON ANY ENTITY OF THE STATE 16,024
WHOSE FUNDS ARE NOT HANDLED BY THE DIRECTOR, OR ON A POLITICAL 16,025
SUBDIVISION, THE ENTITY OR SUBDIVISION AGAINST WHICH THE FINE IS 16,026
IMPOSED SHALL, WITHIN SIXTY DAYS AFTER THE DATE OF THE ORDER, PAY 16,028
THE FINE TO THE DEPARTMENT OF HUMAN SERVICES.
(d) NO ORDER SHALL BE FORWARDED BY THE CLERK TO THE 16,030
DIRECTOR UNTIL ALL APPEALS HAVE BEEN DETERMINED AND ALL RIGHTS TO 16,031
APPEAL EXHAUSTED.
Sec. 5101.311. (A) If the division of child support in 16,040
the department of human services receives notification of the 16,041
392
issuance of a court or administrative support order from a child 16,042
support enforcement agency or a court pursuant to section 16,043
2301.351 of the Revised Code, the division shall enter the 16,044
notification in an alphabetical index of court and administrative 16,045
support orders it maintains under the last name of the person who 16,046
is required to make the support payments under the support order. 16,047
An entry in the index of support orders shall include the name of 16,048
the person required to make the support payments under the 16,049
support order, the address and the social security number or 16,050
other identification number provided for that person, whether a 16,051
child support enforcement agency is administering the support 16,052
order, and the county in which the court that issued the support 16,053
order is located. 16,054
(B) Any consumer reporting agency may contact the division 16,056
of child support and request information as to whether a 16,057
specified person is required to pay support under a court or 16,058
administrative support order. The request shall include the 16,059
person's name, the person's address and social security or other 16,060
identification number, if known, and any other identifying 16,061
information relative to the person that is known by the agency, 16,062
and shall be accompanied by the fee adopted by the director of 16,063
human services under division (C)(B) of this section. Upon 16,064
receipt of the request and the payment of the fee, the division 16,066
shall review the index of support orders that CASE REGISTRY it 16,067
maintains PURSUANT TO SECTION 5101.319 OF THE REVISED CODE to 16,068
determine if an entry has been made in the name of the person IS 16,069
REQUIRED TO PAY SUPPORT UNDER A COURT OR ADMINISTRATIVE SUPPORT 16,070
ORDER.
If the division, upon conducting its review, determines 16,072
that an entry in the name of the person is included in the index 16,073
CASE REGISTRY, it shall provide the consumer reporting agency 16,075
with a report that sets forth the name of the person who is the 16,076
subject of the request, a statement that the person is required 16,077
to make support payments under one or more court or 16,078
393
administrative support orders, the name of the courts or child 16,079
support enforcement agencies that issued the support orders, the 16,080
counties in which those courts or agencies are located, and 16,081
whether any of the support orders is being administered by a 16,082
child support enforcement agency. 16,083
(C)(B) The director of human services, by rule, shall 16,085
prescribe a reasonable fee that must be paid by a consumer 16,086
reporting agency upon the making of a request for information 16,087
under division (A) of this section. The fee prescribed under 16,088
this division shall not exceed the average actual cost 16,089
experienced by the division of child support in performing the 16,090
duties imposed upon it by this section. 16,091
(D)(C) As used in this section, "consumer reporting 16,093
agency" means any person that, for monetary fees, dues, or on a 16,094
cooperative nonprofit basis, regularly engages in whole or in 16,095
part in the practice of assembling or evaluating consumer credit 16,096
information or other information on consumers for the purpose of 16,097
furnishing consumer reports to third parties and that uses any 16,098
means or facility of interstate commerce for the purpose of 16,099
preparing or furnishing consumer reports. 16,100
Sec. 5101.312. (A) As used in this section: 16,109
(1) "Child support SUPPORT order" has the same meaning as 16,111
in section 2301.373 2301.34 of the Revised Code. 16,112
(2) "EMPLOYEE" DOES NOT INCLUDE AN INDIVIDUAL PERFORMING 16,114
INTELLIGENCE OR COUNTERINTELLIGENCE FUNCTIONS FOR A STATE AGENCY, 16,116
IF THE HEAD OF THE AGENCY HAS DETERMINED THAT REPORTING PURSUANT 16,117
TO THIS SECTION COULD ENDANGER THE SAFETY OF THE EMPLOYEE OR 16,118
COMPROMISE AN ONGOING INVESTIGATION OR INTELLIGENCE MISSION. 16,119
(3) "Employer" means any employer with twenty-five or more 16,121
employees, except "employer" also means an employer with fewer 16,122
than twenty-five employees if the employer's business is one of 16,123
the following: 16,124
(a) Eating and drinking place; 16,126
(b) General building contractor; 16,128
394
(c) Construction--special trade contractor; 16,130
(d) Motor freight transportation and warehousing; 16,132
(e) Automotive dealer or gasoline service station; 16,134
(f) Automotive repair, services, and parking. 16,136
(3) ANY PERSON OR GOVERNMENTAL ENTITY OTHER THAN THE 16,138
FEDERAL GOVERNMENT FOR WHICH AN INDIVIDUAL PERFORMS ANY SERVICE, 16,139
OF WHATEVER NATURE, AS THE EMPLOYEE OF SUCH PERSON, EXCEPT THAT: 16,141
(a) IF THE PERSON FOR WHOM THE INDIVIDUAL PERFORMS 16,143
SERVICES DOES NOT HAVE CONTROL OF THE PAYMENT OF COMPENSATION FOR 16,145
THE SERVICES, "EMPLOYER" MEANS THE PERSON HAVING CONTROL OF THE 16,146
PAYMENT OF THE COMPENSATION;
(b) IN THE CASE OF A PERSON PAYING COMPENSATION ON BEHALF 16,148
OF A NONRESIDENT ALIEN INDIVIDUAL, FOREIGN PARTNERSHIP, OR 16,149
FOREIGN CORPORATION NOT ENGAGED IN TRADE OR BUSINESS WITHIN THE 16,150
UNITED STATES, "EMPLOYER" MEANS THE PERSON PAYING THE 16,151
COMPENSATION.
(4) "Obligor" means a person required to pay support under 16,153
a child support order. 16,155
(B) Effective January 1, 1996, an (1) EXCEPT AS PROVIDED 16,157
IN DIVISION (B)(2) OF THIS SECTION, EVERY employer shall report 16,159
in writing to the department of human services the hiring, 16,161
rehiring, or return to work as an employee of a person who 16,162
resides, works, or will be assigned to work in this state to whom 16,163
the employer anticipates paying compensation.
(2) AN EMPLOYER THAT HAS EMPLOYEES IN TWO OR MORE STATES 16,166
AND THAT TRANSMITS REPORTS MAGNETICALLY OR ELECTRONICALLY MAY 16,167
MAKE THE REPORT REQUIRED BY THIS SECTION TO ANOTHER STATE IF THE 16,168
EMPLOYER DOES BOTH OF THE FOLLOWING:
(a) NOTIFIES THE OHIO DEPARTMENT OF HUMAN SERVICES AND THE 16,171
UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES IN WRITING 16,173
THAT THE EMPLOYER HAS DESIGNATED ANOTHER STATE AS THE STATE TO
WHICH THE EMPLOYER WILL TRANSMIT THE REPORT; 16,175
(b) TRANSMITS THE REPORT TO THAT STATE IN COMPLIANCE WITH 16,178
FEDERAL LAW.
395
(C) An employer shall include all of the following in each 16,180
report: 16,181
(1) The employee's name, address, and DATE OF BIRTH, 16,183
social security number, AND DATE OF HIRE, REHIRE, OR RETURN TO 16,184
WORK; 16,185
(2) The employer's name, address, and identification 16,187
number.
(D) An employer may make a report by submitting a copy of 16,189
the United States internal revenue service form W-4 (employee's 16,191
withholding allowance certificate) for the employee, a form
provided by the department, or any other hiring document or data 16,192
storage device or mechanism the department authorizes. An 16,193
employer may make the report by mail, fax, MAGNETIC OR ELECTRONIC 16,194
MEANS, or other means the department authorizes. If an employer 16,195
makes a report by mail, the date of making the report is the 16,196
postmark date if the report is mailed in the United States with 16,197
first class postage and is addressed as the department 16,198
authorizes. An employer shall make the report not later than 16,199
thirty TWENTY days after the date on which the employer hires or 16,201
rehires an employee or the employee returns to work. 16,202
(E)(1) THE DEPARTMENT SHALL, WITHIN FIVE DAYS OF RECEIPT 16,205
FROM AN EMPLOYER, ENTER THE INFORMATION DESCRIBED IN DIVISION (C) 16,206
OF THIS SECTION INTO A DIRECTORY, WHICH SHALL BE PART OF OR 16,207
ACCESSIBLE TO THE AUTOMATED DATA PROCESSING SYSTEM REQUIRED 16,208
PURSUANT TO SECTION 5101.322 OF THE REVISED CODE. 16,211
(2) THE DEPARTMENT SHALL MAKE COMPARISONS OF THE SOCIAL 16,214
SECURITY NUMBERS OBTAINED PURSUANT TO THIS SECTION AND THE SOCIAL 16,215
SECURITY NUMBERS APPEARING IN THE REGISTRY MAINTAINED PURSUANT TO 16,216
SECTION 5101.319 OF THE REVISED CODE.
(3) WITHIN TWO BUSINESS DAYS AFTER INFORMATION IS ENTERED 16,218
INTO THE DIRECTORY PURSUANT TO THIS DIVISION, IF THE COMPARISON 16,219
CONDUCTED BY THE DEPARTMENT PURSUANT TO DIVISION (E)(2) OF THIS 16,221
SECTION RESULTS IN A MATCH THE DEPARTMENT SHALL NOTIFY THE CHILD 16,223
SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER. ON
396
RECEIPT OF THE NOTICE THE AGENCY SHALL SEND A NOTICE TO THE 16,225
EMPLOYER PURSUANT TO DIVISION (B) OF SECTION 3111.23 OR DIVISION 16,226
(D) OF SECTION 3113.21 OF THE REVISED CODE, UNLESS THE EMPLOYEE'S 16,229
INCOME IS NOT SUBJECT TO WITHHOLDING, AND SHALL TAKE ANY OTHER 16,230
APPROPRIATE ACTION UNDER SECTIONS 3111.20 TO 3111.28 AND 3113.21 16,231
TO 3113.219 OF THE REVISED CODE. 16,233
(4)(a) BEGINNING OCTOBER 1, 1997, WITHIN THREE BUSINESS 16,236
DAYS AFTER INFORMATION IS ENTERED INTO THE DIRECTORY PURSUANT TO 16,237
THIS DIVISION, THE DEPARTMENT SHALL FURNISH THE INFORMATION TO 16,238
THE NATIONAL DIRECTORY OF NEW HIRES. 16,239
(b) BEGINNING OCTOBER 1, 1997, THE DEPARTMENT SHALL 16,242
FURNISH TO THE NATIONAL DIRECTORY OF NEW HIRES ON A QUARTERLY 16,243
BASIS SUCH INFORMATION CONTAINED IN THE RECORDS OF THE BUREAU OF 16,244
EMPLOYMENT SERVICES AS IS SPECIFIED BY THE UNITED STATES 16,245
SECRETARY OF HEALTH AND HUMAN SERVICES IN REGULATION. 16,246
(F) The department shall use the reports it receives 16,248
pursuant to this section to locate obligors under child 16,249
INDIVIDUALS FOR THE PURPOSES OF ESTABLISHING PATERNITY; 16,250
ESTABLISHING, MODIFYING, AND ENFORCING support orders OBLIGATIONS 16,251
being administered by child support enforcement agencies in this 16,252
state; and to detect fraud in any program administered by the 16,254
department. The DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH 16,255
CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION. 16,256
THE REPORTS SHALL NOT BE CONSIDERED PUBLIC RECORDS FOR 16,258
PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND THE 16,261
DEPARTMENT MAY ADOPT RULES UNDER SECTION 5101.31 OF THE REVISED 16,264
CODE GOVERNING ACCESS TO, AND USE AND DISCLOSURE OF, INFORMATION 16,265
CONTAINED IN THE REPORTS. THE DEPARTMENT MAY DISCLOSE 16,266
INFORMATION IN THE REPORTS TO ANY AGENT OF THE DEPARTMENT OR 16,267
CHILD SUPPORT ENFORCEMENT AGENCY THAT IS UNDER CONTRACT WITH THE 16,268
DEPARTMENT FOR THE PURPOSES LISTED IN THIS DIVISION. THE 16,269
department may submit to the bureau of workers' compensation or 16,270
the bureau of employment services a copy of any report it 16,271
receives from an employer pursuant to this section. The
397
department shall adopt rules in accordance with Chapter 119. of 16,272
the Revised Code to implement this section. In adopting the 16,273
rules, the department shall work with the bureau of employment 16,275
services for the purpose of identifying the industries listed in 16,276
division (A)(2) of this section by using the Standard Industrial 16,277
Classification codes established in the standard industrial 16,278
classification manual, 1987, published by the executive office of 16,279
the president, office of management and budget.
(F)(G) An employer who fails to make a report required by 16,281
this section shall be required by the department of human 16,282
services to pay a fee of twenty-five dollars for each failure to 16,283
make a report.
IF THE FAILURE TO MAKE A REPORT IS THE RESULT OF A 16,285
CONSPIRACY BETWEEN THE EMPLOYER AND THE EMPLOYEE NOT TO SUPPLY 16,286
THE REPORT OR TO SUPPLY A FALSE OR INCOMPLETE REPORT, THE 16,287
DEPARTMENT OF HUMAN SERVICES SHALL REQUIRE THE EMPLOYER TO PAY A 16,288
FEE OF FIVE HUNDRED DOLLARS FOR EACH SUCH FAILURE. 16,289
Sec. 2105.18 5101.314. (A)(1) The natural father, natural 16,301
mother, or other custodian or guardian of a child, a child
support enforcement agency LOCAL REGISTRAR OF VITAL STATISTICS 16,302
PURSUANT TO SECTION 3705.091 OF THE REVISED CODE, or a hospital 16,303
staff person pursuant to section 3727.17 of the Revised Code, in 16,304
person or by mail, may file an acknowledgment of paternity in the 16,305
probate court of the county in which the natural father, natural 16,306
mother, or other guardian or custodian of the child resides, in 16,307
the county in which the child resides, or the county in which the 16,308
child was born WITH THE DIVISION OF CHILD SUPPORT IN THE 16,309
DEPARTMENT OF HUMAN SERVICES, acknowledging that the child is the 16,310
child of the natural father who signed the acknowledgment. The 16,311
acknowledgment of paternity shall state that the natural father 16,312
who signs the acknowledgment of paternity acknowledges that he is 16,313
the natural father of the named child and that he assumes the
parental duty of support of that child. The acknowledgment of 16,315
paternity BE MADE ON THE AFFIDAVIT PREPARED PURSUANT TO SECTION 16,316
398
5101.324 OF THE REVISED CODE, shall be signed by the natural 16,317
father and the natural mother in the presence of two competent 16,318
and disinterested witnesses who are eighteen years of age or 16,319
older and by the two witnesses. If an acknowledgment of 16,320
paternity is completed and filed in accordance with this section 16,321
and if the acknowledgment is accompanied by the appropriate fee 16,322
prescribed in section 2101.16 of the Revised Code, the probate 16,323
court shall enter the acknowledgment upon its journal. 16,324
Thereafter, AND EACH SIGNATURE SHALL BE NOTARIZED. THE NATURAL 16,325
FATHER AND MOTHER MAY SIGN AND HAVE THE SIGNATURE NOTARIZED 16,326
OUTSIDE OF EACH OTHER'S PRESENCE. 16,327
(2) ON THE FILING OF AN ACKNOWLEDGMENT PURSUANT TO 16,329
DIVISION (A)(1) OF THIS SECTION, THE DIVISION SHALL ENTER THE 16,331
INFORMATION ON THE ACKNOWLEDGMENT INTO THE BIRTH REGISTRY 16,332
PURSUANT TO DIVISION (D) OF THIS SECTION. AFTER ENTERING THE 16,334
INFORMATION IN THE REGISTRY, THE DIVISION SHALL SEND THE 16,335
ACKNOWLEDGMENT TO THE DEPARTMENT OF HEALTH FOR STORAGE PURSUANT 16,336
TO SECTION 3705.091 OF THE REVISED CODE. THE DIVISION MAY 16,338
REQUEST THAT THE DEPARTMENT OF HEALTH SEND BACK TO THE DIVISION 16,339
ANY ACKNOWLEDGMENT THAT IS BEING STORED BY THE DEPARTMENT OF 16,340
HEALTH PURSUANT TO THAT SECTION. 16,341
(3) AN ACKNOWLEDGMENT OF PATERNITY IS FINAL AND 16,343
ENFORCEABLE WITHOUT RATIFICATION BY A COURT WHEN ALL OF THE 16,344
FOLLOWING HAVE OCCURRED: THE ACKNOWLEDGMENT HAS BEEN FILED 16,345
PURSUANT TO DIVISION (A)(1) OF THIS SECTION, THE INFORMATION ON 16,348
THE ACKNOWLEDGMENT HAS BEEN ENTERED IN THE BIRTH REGISTRY 16,349
PURSUANT TO DIVISION (D) OF THIS SECTION, THE ACKNOWLEDGMENT HAS 16,351
NOT BEEN RESCINDED PURSUANT TO DIVISION (B) OF THIS SECTION, AND 16,352
MORE THAN THIRTY DAYS HAVE ELAPSED SINCE THE DATE OF THE LAST 16,353
SIGNATURE ON THE ACKNOWLEDGMENT. THEREAFTER, the child is the 16,354
child of the man who signed the acknowledgment of paternity, as 16,356
though born to him in lawful wedlock, and, if the mother is 16,357
unmarried, the man who signed the acknowledgment of paternity, 16,358
the parents of the man who signed the acknowledgment of 16,359
399
paternity, any relative of the man who signed the acknowledgment 16,360
of paternity, the parents of the mother, and any relative of the 16,361
mother may file a complaint pursuant to section 3109.12 of the 16,362
Revised Code requesting the granting under that section of 16,363
reasonable companionship or visitation rights with respect to the 16,364
child.
(B) After a probate court enters an acknowledgment upon 16,366
its journal pursuant to division (A) of this section, the THE man 16,367
who signed the acknowledgment of paternity is the father of the 16,368
child and assumes the parental duty of support. Notwithstanding 16,369
section 3109.01 of the Revised Code, the parental duty of support 16,370
of the father to the child shall continue beyond the age of 16,371
majority as long as the child attends on a full-time basis any 16,372
recognized and accredited high school. The duty of support of 16,373
the father shall continue during seasonal vacation periods. 16,374
After the probate court enters the acknowledgment upon its 16,375
journal, the 16,376
(4) ONCE THE ACKNOWLEDGMENT BECOMES FINAL PURSUANT TO 16,378
DIVISION (A)(3) OF THIS SECTION, BOTH OF THE FOLLOWING APPLY: 16,379
(a) THE mother or other custodian or guardian of the child 16,381
may file a complaint pursuant to section 2151.231 of the Revised 16,382
Code in the court of common pleas of the county in which the 16,383
child or the guardian or legal custodian of the child resides 16,384
requesting the court to order the father to pay an amount for the 16,385
support of the child, may contact the child support enforcement 16,386
agency for assistance in obtaining the order, or may request an 16,387
administrative officer of a child support enforcement agency to 16,388
issue an administrative order for the payment of child support 16,389
pursuant to division (D) of section 3111.20 of the Revised Code. 16,390
(b) THE DIVISION SHALL NOTIFY THE DEPARTMENT OF HEALTH OF 16,393
THE ACKNOWLEDGMENT AND, ON RECEIPT OF THE NOTICE, THE DEPARTMENT
OF HEALTH SHALL, IN ACCORDANCE WITH SECTION 3705.09 OF THE 16,394
REVISED CODE, PREPARE A NEW BIRTH RECORD CONSISTENT WITH THE 16,395
AGENCY'S DETERMINATION AND SUBSTITUTE THE NEW RECORD FOR THE 16,396
400
ORIGINAL BIRTH RECORD.
(B)(1) NO LATER THAN THIRTY DAYS AFTER THE DATE OF THE 16,399
LATEST SIGNATURE ON AN ACKNOWLEDGMENT OF PATERNITY FILED WITH THE 16,400
DIVISION PURSUANT TO DIVISION (A) OF THIS SECTION, EITHER PERSON 16,402
WHO SIGNED THE ACKNOWLEDGMENT MAY RESCIND IT BY DOING BOTH OF THE 16,403
FOLLOWING:
(a) FILING WITH A CHILD SUPPORT ENFORCEMENT AGENCY AN 16,406
AGREEMENT TO BE BOUND BY THE RESULTS OF GENETIC TESTING AND
SUBMITTING TO THE TESTING PURSUANT TO SECTION 3111.21 OF THE 16,408
REVISED CODE OR REQUESTING A DETERMINATION OF THE EXISTENCE OR 16,410
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO 16,411
SECTION 3111.22 OF THE REVISED CODE, WITH RESPECT TO THE CHILD 16,413
WHO IS THE SUBJECT OF THE ACKNOWLEDGMENT.
(b) NOTIFYING THE DIVISION IN WRITING THAT THE PARTY HAS 16,416
COMPLIED WITH THE REQUIREMENTS OF DIVISION (B)(1)(a) OF THIS 16,418
SECTION AND THE NAME OF THE CHILD SUPPORT ENFORCEMENT AGENCY 16,419
CONDUCTING THE GENETIC TESTS. 16,420
ON THE SAME DAY THAT THE DIVISION RECEIVES THE NOTICE 16,422
DESCRIBED IN DIVISION (B)(1)(b) OF THIS SECTION, IT SHALL CONTACT 16,424
THE AGENCY INDICATED IN THE NOTICE TO VERIFY THAT THE PARTY 16,425
SENDING THE NOTICE HAS COMPLIED WITH THE REQUIREMENTS OF DIVISION 16,426
(B)(1)(a) OF THIS SECTION. IF THE DIVISION VERIFIES COMPLIANCE 16,428
WITH DIVISION (B)(1)(a) OF THIS SECTION AND THE NOTICE UNDER 16,430
DIVISION (B)(1)(b) OF THIS SECTION WAS SENT WITHIN THE TIME LIMIT 16,431
REQUIRED BY THIS DIVISION, THE RECISION OF THE ACKNOWLEDGMENT 16,432
SHALL BE EFFECTIVE AS OF THE DATE THE DIVISION RECEIVED THE 16,433
NOTICE. IF THE DIVISION IS UNABLE TO VERIFY THAT THE REQUIREMENT 16,434
OF DIVISION (B)(1)(a) OF THIS SECTION HAS BEEN MET, THE 16,436
ACKNOWLEDGMENT SHALL NOT BE RESCINDED.
(2) A PARTY MAY BRING AN ACTION IN THE JUVENILE COURT OF 16,438
THE COUNTY IN WHICH THE CHILD, THE GUARDIAN OR CUSTODIAN OF THE 16,439
CHILD, OR EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT RESIDES TO 16,440
RESCIND THE ACKNOWLEDGMENT ON THE BASIS OF FRAUD, DURESS, OR 16,441
MATERIAL MISTAKE OF FACT. THE COURT SHALL TREAT THE ACTION AS AN 16,443
401
ACTION TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND 16,444
CHILD RELATIONSHIP PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE 16,445
REVISED CODE. 16,446
(C) A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, WHICHEVER 16,449
IS APPLICABLE, SHALL FILE THE FOLLOWING WITH THE DIVISION: 16,450
(1) AN ORDER ISSUED PURSUANT TO SECTION 3111.13 OF THE 16,453
REVISED CODE. 16,454
(2) AN ORDER ISSUED PURSUANT TO SECTION 3111.21 OR 3111.22 16,457
OF THE REVISED CODE THAT HAS BECOME FINAL AND ENFORCEABLE. 16,458
(3) AN ACKNOWLEDGMENT OF PATERNITY ENTERED ON THE JOURNAL 16,460
OF A PROBATE COURT PURSUANT TO FORMER SECTION 2105.18 OF THE 16,462
REVISED CODE. 16,463
ON THE FILING OF AN ORDER OR ACKNOWLEDGMENT PURSUANT TO 16,465
DIVISION (C) OF THIS SECTION, THE DIVISION SHALL ENTER THE 16,467
INFORMATION ON THE ORDER OR ACKNOWLEDGMENT IN THE BIRTH REGISTRY 16,468
PURSUANT TO DIVISION (D) OF THIS SECTION. EACH CHILD SUPPORT 16,470
ENFORCEMENT AGENCY AND EACH COURT IN THE COUNTY SERVED BY THAT 16,471
AGENCY THAT ISSUES ORDERS ESTABLISHING THE EXISTENCE OF A PARENT 16,472
CHILD RELATIONSHIP SHALL ENTER INTO AN AGREEMENT REQUIRING THE 16,473
COURT TO GIVE COPIES OF EACH SUCH ORDER ISSUED PRIOR TO THE 16,474
EFFECTIVE DATE OF THIS ACT TO THE AGENCY. EACH AGENCY AND EACH 16,475
PROBATE COURT IN THE COUNTY SERVED BY THAT AGENCY SHALL ENTER 16,476
INTO AN AGREEMENT REQUIRING THE COURT TO GIVE COPIES OF EACH 16,477
JOURNAL ENTRY OF AN ACKNOWLEDGMENT OF PATERNITY ENTERED PURSUANT 16,478
TO FORMER SECTION 2105.18 OF THE REVISED CODE TO THE AGENCY. THE 16,480
AGENCY SHALL SEND THE COPIES OF THE ORDERS AND JOURNAL ENTRIES TO 16,481
THE DIVISION. 16,482
(D)(1) THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF 16,485
HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A BIRTH REGISTRY THAT 16,486
SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION CONTAINED IN 16,487
ORDERS DETERMINING THE EXISTENCE OF A PARENT AND CHILD 16,488
RELATIONSHIP AND ACKNOWLEDGMENTS OF PATERNITY REQUIRED TO BE 16,489
FILED WITH THE DIVISION PURSUANT TO DIVISION (A) OR (C) OF THIS 16,491
SECTION:
402
(a) THE NAMES OF THE PARENTS OF THE CHILD SUBJECT TO THE 16,494
ORDER OR ACKNOWLEDGMENT;
(b) THE NAME OF THE CHILD; 16,496
(c) THE RESIDENT ADDRESS OF EACH PARENT AND EACH PARENT'S 16,499
SOCIAL SECURITY NUMBER.
(2) THE REGISTRY ESTABLISHED PURSUANT TO THIS SECTION 16,501
SHALL BE MAINTAINED AS PART OF THE AUTOMATED SYSTEM CREATED 16,502
PURSUANT TO SECTION 5101.322 OF THE REVISED CODE AND SHALL BE 16,505
ACCESSED THROUGH THE SYSTEM. THE DIVISION SHALL MAKE COMPARISONS 16,506
OF THE INFORMATION IN THE REGISTRY WITH THE INFORMATION 16,507
MAINTAINED BY THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO 16,508
SECTIONS 5101.312 AND 5101.313 OF THE REVISED CODE. THE 16,510
DEPARTMENT SHALL MAKE THE COMPARISONS IN THE MANNER AND IN THE 16,511
TIME INTERVALS REQUIRED BY THE RULES ADOPTED PURSUANT TO DIVISION 16,512
(E) OF THIS SECTION. 16,513
(E) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES 16,516
PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THE 16,519
REQUIREMENTS OF THIS SECTION THAT ARE CONSISTENT WITH TITLE IV-D 16,522
OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL 16,527
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 16,531
110 STAT. 2105., 42 U.S.C. 651 ET SEQ. 16,532
(F) AS USED IN THIS SECTION, "BIRTH RECORD" HAS THE SAME 16,534
MEANING AS IN SECTION 3705.01 OF THE REVISED CODE. 16,535
Sec. 5101.315. (A) AS USED IN THIS SECTION: 16,538
(1) "FINANCIAL INSTITUTION," "OBLIGOR," AND "OBLIGEE" HAVE 16,541
THE SAME MEANING AS IN SECTION 3113.21 OF THE REVISED CODE. 16,543
(2) "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION 16,546
2301.34 OF THE REVISED CODE. 16,547
(B) EACH FINANCIAL INSTITUTION DOING BUSINESS IN THIS 16,550
STATE SHALL PROVIDE TO THE DIVISION OF CHILD SUPPORT IN THE 16,551
DEPARTMENT OF HUMAN SERVICES EACH CALENDAR QUARTER THE NAME, 16,552
ADDRESS, SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION 16,553
NUMBER, AND OTHER IDENTIFYING INFORMATION FOR ANY INDIVIDUAL 16,554
INCLUDED IN A REQUEST SENT BY THE DIVISION PURSUANT TO DIVISION 16,556
403
(C) OF THIS SECTION WHO MAINTAINS AN ACCOUNT WITH THE FINANCIAL 16,557
INSTITUTION.
(C) THE DIVISION SHALL, ONCE EVERY CALENDAR QUARTER, SEND 16,560
A REQUEST TO EVERY FINANCIAL INSTITUTION THAT CONTAINS THE NAME 16,563
AND SOCIAL SECURITY NUMBER OR TAX IDENTIFICATION NUMBER OF ALL 16,564
OBLIGORS IN DEFAULT UNDER A SUPPORT ORDER BEING ADMINISTERED BY A 16,565
CHILD SUPPORT ENFORCEMENT AGENCY OF THIS STATE AND REQUESTS THAT 16,566
THE FINANCIAL INSTITUTION PROVIDE INFORMATION ON THE OBLIGOR TO 16,567
THE DIVISION AS DESCRIBED IN DIVISION (B) OF THIS SECTION. 16,569
(D) THE DIVISION SHALL ENTER INTO AN AGREEMENT WITH EACH 16,571
FINANCIAL INSTITUTION SUBJECT TO THIS SECTION. 16,572
(E) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES 16,575
PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS 16,578
SECTION THAT DO THE FOLLOWING: 16,579
(1) GOVERN THE PROVISIONS OF AN AGREEMENT REQUIRED 16,581
PURSUANT TO THIS SECTION AND THE PROCEDURE FOR ENTERING INTO SUCH 16,583
AN AGREEMENT;
(2) GOVERN THE FORM OF THE REQUEST REQUIRED PURSUANT TO 16,585
DIVISION (C) OF THIS SECTION AND THE RESPONSE; 16,587
(3) GOVERN WHEN FOR EACH CALENDAR QUARTER THE REQUEST 16,589
REQUIRED PURSUANT TO DIVISION (C) OF THIS SECTION AND THE 16,591
RESPONSE MUST BE SENT; 16,593
(4) ADDRESS WHETHER AND IN WHAT AMOUNT A FINANCIAL 16,595
INSTITUTION WILL BE REIMBURSED FOR A RESPONSE IT MAKES PURSUANT 16,596
TO THIS SECTION. 16,597
Sec. 5101.316. THE DEPARTMENT OF HUMAN SERVICES MAY ENTER 16,599
INTO AN AGREEMENT WITH A FOREIGN COUNTRY FOR THE ESTABLISHMENT OF 16,600
AND ENFORCEMENT OF SUPPORT ORDERS ISSUED UNDER THE LAWS OF THAT 16,601
COUNTRY IF THAT COUNTRY, AS PART OF THE AGREEMENT, AGREES TO 16,602
ENFORCE SUPPORT ORDERS ISSUED UNDER THE LAWS OF THIS STATE. THE 16,603
DEPARTMENT MUST PROVIDE SERVICES UNDER THE PROGRAM OF SUPPORT 16,604
ENFORCEMENT ESTABLISHED PURSUANT TO THIS SECTION TO A FOREIGN 16,605
COUNTRY WITH WHICH THE DEPARTMENT HAS AN AGREEMENT UNDER THIS 16,607
SECTION AND TO A FOREIGN COUNTRY DECLARED TO BE A FOREIGN
404
RECIPROCATING COUNTRY UNDER SECTION 459A OF THE "SOCIAL SECURITY 16,611
ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK 16,616
OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 16,620
U.S.C. 659A, THAT REQUESTS THE SERVICES. THE DEPARTMENT SHALL 16,622
PROVIDE THE SERVICES WITHOUT IMPOSING AN APPLICATION FEE OR ANY 16,623
OTHER COST ON THE FOREIGN COUNTRY OR THE OBLIGEE REQUESTING THE 16,624
SERVICES. THE DEPARTMENT MAY IMPOSE THE APPLICATION FEE OR OTHER 16,625
COSTS ON THE OBLIGOR UNDER THE SUPPORT ORDER. THE DEPARTMENT 16,626
SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE 16,629
GOVERNING THE PROCEDURE FOR ENTERING INTO A CONTRACT PURSUANT TO 16,630
THIS SECTION, THE PROVISIONS OF THE CONTRACT, AND THE PROVISION 16,631
OF SUPPORT ENFORCEMENT SERVICES, WHICH RULES SHALL BE CONSISTENT 16,632
WITH SECTIONS 454 AND 459A OF THE "SOCIAL SECURITY ACT," AS 16,636
AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY 16,641
RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 U.S.C. 654 AND 16,645
659A AND REGULATIONS ADOPTED UNDER THE ACT. 16,646
Sec. 5101.317. (A) THE DEPARTMENT OF HUMAN SERVICES SHALL 16,649
PROVIDE ANNUAL REVIEWS OF AND REPORTS TO THE SECRETARY OF HEALTH 16,650
AND HUMAN SERVICES CONCERNING PROGRAMS OPERATED UNDER TITLE IV-D 16,652
OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 16,657
651, AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK 16,659
OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, PURSUANT 16,660
TO RULES ADOPTED BY THE DEPARTMENT UNDER DIVISION (B) OF THIS 16,661
SECTION.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 16,664
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH 16,665
THE FOLLOWING:
(1) PROCEDURES FOR ANNUAL REVIEWS OF AND REPORTS TO THE 16,667
SECRETARY OF HEALTH AND HUMAN SERVICES ON THE PROGRAMS OPERATED 16,668
UNDER TITLE IV-D OF THE "SOCIAL SECURITY ACT," AS AMENDED, 16,673
INCLUDING INFORMATION NECESSARY TO MEASURE COMPLIANCE WITH 16,674
FEDERAL REQUIREMENTS FOR EXPEDITED PROCEDURES;
(2) PROCEDURES FOR TRANSMITTING DATA AND CALCULATIONS 16,676
REGARDING LEVELS OF ACCOMPLISHMENT AND RATES OF IMPROVEMENT FOR 16,677
405
PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT FROM THE 16,678
AUTOMATIC DATA PROCESSING SYSTEM REQUIRED UNDER SECTION 5101.322 16,679
OF THE REVISED CODE TO THE SECRETARY OF HEALTH AND HUMAN 16,682
SERVICES.
Sec. 5101.318. THE DEPARTMENT MAY REQUEST THE ASSISTANCE 16,685
OF OTHER STATES IN ENFORCING SUPPORT ORDERS ISSUED BY THE COURTS 16,686
AND CHILD SUPPORT ENFORCEMENT AGENCIES OF THIS STATE CONSISTENT 16,687
WITH SECTION 466(a) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY 16,691
THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION 16,696
ACT OF 1996," 110 STAT. 2105, 42 U.S.C. 666(a). THE DEPARTMENT, 16,700
WHEN ENFORCING, PURSUANT TO CHAPTERS 2301., 3113., 3115., AND 16,701
5101. OF THE REVISED CODE, SUPPORT ORDERS ISSUED IN OTHER STATES 16,702
SHALL USE THE FORMS REQUIRED PURSUANT TO SECTIONS 452(a) AND 16,704
454(9) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL 16,708
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 16,713
110 STAT. 2105, 42 U.S.C. 652(a) AND 654(9). 16,716
Sec. 5101.319. (A) AS USED IN THIS SECTION: 16,719
(1) "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN 16,721
SECTION 2301.373 OF THE REVISED CODE. 16,722
(2) "SUPPORT ORDER," "OBLIGOR," AND "OBLIGEE" HAVE THE 16,724
SAME MEANING AS IN SECTION 2301.34 OF THE REVISED CODE. 16,727
(B) THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF 16,730
HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A CASE REGISTRY OF 16,731
ALL SUPPORT ORDERS BEING ADMINISTERED OR OTHERWISE HANDLED BY A 16,732
CHILD SUPPORT ENFORCEMENT AGENCY. THE REGISTRY SHALL INCLUDE ALL 16,733
OF THE FOLLOWING INFORMATION:
(1) THE NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE 16,735
NUMBER, OTHER IDENTIFICATION NUMBER, RESIDENCE TELEPHONE NUMBER, 16,736
AND DATE OF BIRTH OF EACH OBLIGOR AND OBLIGEE UNDER A SUPPORT 16,737
ORDER; 16,738
(2) PAYMENT INFORMATION INCLUDING THE PERIODIC SUPPORT 16,740
AMOUNT DUE, ARREARAGES, PENALTIES FOR LATE PAYMENT, FEES, AMOUNTS 16,742
COLLECTED, AND AMOUNTS DISTRIBUTED UNDER A SUPPORT ORDER; 16,743
(3) LIENS IMPOSED ON REAL AND PERSONAL PROPERTY TO RECOVER 16,746
406
ARREARAGES UNDER A SUPPORT ORDER;
(4) WITH RESPECT TO A CHILD SUPPORT ORDER, THE BIRTHDATE 16,748
OF EACH CHILD SUBJECT TO THE ORDER; 16,749
(5) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF 16,751
HUMAN SERVICES PURSUANT TO RULES ADOPTED UNDER DIVISION (F) OF 16,753
THIS SECTION.
(C) THE REGISTRY ESTABLISHED PURSUANT TO THIS SECTION 16,756
SHALL BE MAINTAINED AS PART OF THE AUTOMATED SYSTEM CREATED 16,757
PURSUANT TO SECTION 5101.322 OF THE REVISED CODE AND SHALL BE 16,759
ACCESSED THROUGH THE SYSTEM. THE DIVISION AND EACH CHILD SUPPORT 16,760
ENFORCEMENT AGENCY SHALL MONITOR AND UPDATE THE REGISTRY, AND 16,761
EACH AGENCY SHALL ENTER THE INFORMATION DESCRIBED IN DIVISION (B) 16,763
OF THIS SECTION IN THE REGISTRY IN ACCORDANCE WITH RULES ADOPTED 16,764
PURSUANT TO DIVISION (F) OF THIS SECTION. 16,765
(D) THE DIVISION SHALL MAKE COMPARISONS OF THE INFORMATION 16,768
IN THE REGISTRY WITH THE INFORMATION MAINTAINED BY THE DEPARTMENT 16,769
OF HUMAN SERVICES PURSUANT TO SECTIONS 5101.312 AND 5101.314 OF 16,770
THE REVISED CODE. THE DIVISION SHALL MAKE THE COMPARISONS IN THE 16,772
MANNER AND IN THE TIME INTERVALS REQUIRED BY THE RULES ADOPTED 16,773
PURSUANT TO DIVISION (F) OF THIS SECTION. THE DIVISION SHALL 16,775
MAKE REPORTS OF INFORMATION IN THE REGISTRY TO OTHER ENTITIES OF 16,776
THE STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES AS REQUIRED 16,777
BY THE RULES ADOPTED PURSUANT TO DIVISION (F) OF THIS SECTION. 16,778
(E)(1) EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL ENTER 16,781
INFORMATION INTO THE CASE REGISTRY AND MAINTAIN AND UPDATE THAT 16,782
INFORMATION CONSISTENT WITH SECTIONS 454 AND 454A OF THE "SOCIAL 16,784
SECURITY ACT" AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK 16,789
OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 16,794
U.S.C. 654 AND 654A AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE 16,796
ACT.
(2) THE DIVISION AND EACH CHILD SUPPORT ENFORCEMENT AGENCY 16,799
SHALL MONITOR THE REGISTRY CONSISTENT WITH SECTIONS 454 AND 454A 16,801
OF THE "SOCIAL SECURITY ACT" AS AMENDED BY THE "PERSONAL 16,806
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 16,810
407
AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT. 16,812
(3) THE DIVISION SHALL MAKE COMPARISONS OF INFORMATION IN 16,815
THE CASE REGISTRY WITH INFORMATION MAINTAINED BY THE DEPARTMENT 16,816
PURSUANT TO SECTIONS 5101.312 AND 5101.314 OF THE REVISED CODE 16,818
AND PROVIDE INFORMATION IN THE CASE REGISTRY TO OTHER ENTITIES OF 16,819
THE STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES CONSISTENT 16,820
WITH SECTIONS 453A(f), 454(16) AND (28), 454A(f), AND 16,824
466(a)(5)(M) OF THE "SOCIAL SECURITY ACT" AS AMENDED BY THE 16,828
"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT 16,833
OF 1996," 42 U.S.C. 653A(f), 654(16) AND (28), 654A(f), AND 16,839
666(a)(5)(M) AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT. 16,840
(F) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 16,843
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO BOTH OF 16,846
THE FOLLOWING: 16,847
(1) ESTABLISH PROCEDURES GOVERNING ACTIONS REQUIRED BY 16,849
DIVISION (E) OF THIS SECTION; 16,850
(2) DESIGNATE ANY ADDITIONAL INFORMATION THAT MUST BE 16,852
PLACED IN THE CASE REGISTRY CONSISTENT WITH SECTION 454A(e)(3) OF 16,854
THE "SOCIAL SECURITY ACT" AS AMENDED BY THE "PERSONAL 16,859
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 16,863
42 U.S.C. 654A(e)(3) AND ANY FEDERAL REGULATIONS ADOPTED UNDER 16,867
THE ACT.
Sec. 5101.322. If the (A) THE department of human 16,877
services develops SHALL ESTABLISH AND MAINTAIN a statewide, 16,878
automated DATA PROCESSING system that is authorized under IN 16,879
COMPLIANCE WITH Title IV-D of the "Social Security Act," 88 Stat. 16,880
2351 (1975), 42 U.S.C. 651, as amended BY THE "PERSONAL 16,882
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 16,883
110 STAT. 2105, to support the enforcement of child support and 16,886
if the automated system is operational, the automated system THAT 16,887
shall be implemented in every county. When the automated system 16,889
becomes operational, every county shall accept the automated 16,890
system and, in accordance with the written instructions of the 16,891
department for the implementation of the automated system, shall 16,892
408
convert to the automated system all records that are maintained 16,893
by any county entity and that are related to any case for which a 16,894
local agency is enforcing a child support order in accordance 16,895
with Title IV-D of the "Social Security Act," 88 Stat. 2351 16,896
(1975), 42 U.S.C. 651, as amended BY THE "PERSONAL RESPONSIBILITY 16,897
AND WORK RECONCILIATION ACT OF 1996," 110 STAT. 2105. 16,898
(B) THE DEPARTMENT SHALL ADOPT RULES PURSUANT TO CHAPTER 16,901
119. OF THE REVISED CODE CONCERNING ACCESS TO, AND USE OF, DATA 16,904
MAINTAINED IN THE AUTOMATED SYSTEM THAT DO THE FOLLOWING:
(1) PERMIT ACCESS TO AND USE OF DATA ONLY TO THE EXTENT 16,906
NECESSARY TO CARRY OUT PROGRAMS UNDER TITLE IV-D OF THE "SOCIAL 16,911
SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED BY 16,914
THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION 16,915
ACT OF 1996," 110 STAT. 2105, AND SPECIFY THE DATA THAT MAY BE 16,916
USED FOR PARTICULAR PROGRAM PURPOSES, AND THE PERSONNEL PERMITTED 16,917
ACCESS TO THE DATA; 16,918
(2) REQUIRE MONITORING OF ACCESS TO AND USE OF THE 16,920
AUTOMATED SYSTEM TO PREVENT AND PROMPTLY IDENTIFY UNAUTHORIZED 16,921
USE; 16,922
(3) ESTABLISH PROCEDURES TO ENSURE THAT ALL PERSONNEL WHO 16,924
MAY HAVE ACCESS TO OR BE REQUIRED TO USE DATA ARE INFORMED OF 16,925
APPLICABLE REQUIREMENTS AND PENALTIES AND HAVE BEEN TRAINED IN 16,926
SECURITY PROCEDURES; 16,927
(4) ESTABLISH ADMINISTRATIVE PENALTIES, UP TO AND 16,929
INCLUDING DISMISSAL FROM EMPLOYMENT, FOR UNAUTHORIZED ACCESS TO, 16,930
OR DISCLOSURE OR USE OF, DATA. 16,931
Sec. 5101.323. (A)(1) The division of child support in 16,943
the department of human services shall establish a program to 16,944
increase child support collections by publishing and distributing 16,945
a series of posters displaying child support obligors who are 16,946
delinquent in their support payments. Each poster shall display 16,947
photographs of, and information about, ten obligors who are 16,948
liable for support arrearages and whose whereabouts are unknown 16,949
to child support enforcement agencies. Each poster shall list a 16,950
409
toll-free telephone number for the division of child support that 16,951
may be called to report information regarding the whereabouts of 16,952
any of the obligors displayed on a poster. The division may 16,953
include any other information on the poster that it considers 16,954
appropriate. 16,955
(2) Any child support enforcement agency that chooses to 16,957
participate in the poster program established under division 16,958
(A)(1) of this section may submit names of obligors that meet the 16,959
criteria in division (B) of this section to the division. The 16,960
division shall select obligors to be displayed on a poster from 16,961
the names submitted by the agencies. 16,962
(3) The division shall send notice to each obligor whose 16,964
name was submitted to be displayed on the poster. The notice 16,965
shall be sent by regular mail to the obligor's last known address 16,966
and shall state that the obligor may avoid being included on the 16,967
poster by doing all of the following within ninety days after 16,968
receipt of the notice: 16,969
(a) Make a payment to the DIVISION OF child support 16,971
enforcement agency that is at least equal to the amount of 16,972
support the obligor is required to pay each month under the 16,973
support order;
(b) Provide the CHILD SUPPORT ENFORCEMENT agency with the 16,975
obligor's current address; 16,976
(c) Provide the agency with evidence from each of the 16,978
obligor's current employers of the obligor's current wages, 16,979
salary, and other compensation; 16,980
(d) Provide the agency with evidence that the obligor has 16,982
arranged for withholding from the obligor's wages, salary, or 16,983
other compensation to pay support and for payment of arrearages. 16,984
(4) The child support enforcement agency shall determine 16,986
whether any obligor whose name was submitted to be displayed on a 16,987
poster has met all the conditions of division (A)(3) of this 16,988
section. If it determines that an obligor has done so, it shall 16,989
give the division notice of its determination. On receipt of the 16,990
410
notice from the agency, the division shall remove the obligor 16,991
from the list of obligors submitted by that agency before making 16,992
the final selection of obligors for the poster. 16,993
(5) The division shall publish and distribute the first 16,995
set of posters throughout the state not later than October 1, 16,996
1992. The division shall publish and distribute subsequent sets 16,997
of posters not less than twice annually. 16,998
(B) A child support enforcement agency may submit the name 17,000
of a delinquent obligor to the division for inclusion on a poster 17,001
only if all of the following apply: 17,002
(1) The obligor is subject to a support order and there 17,004
has been an attempt to enforce the order through a public notice, 17,005
a wage withholding order, a lien on property, a financial 17,006
institution deduction order, or other court-ordered procedures. 17,007
(2) The department of human services reviewed the 17,009
obligor's records and confirms the child support enforcement 17,010
agency's finding that the obligor's name and photograph may be 17,011
submitted to be displayed on a poster. 17,012
(3) The agency does not know or is unable to verify the 17,014
obligor's whereabouts. 17,015
(4) The obligor is not a recipient of aid to dependent 17,017
children, disability assistance, supplemental security income, or 17,018
food stamps. 17,019
(5) The child support enforcement agency does not have 17,021
evidence that the obligor has filed for protection under the 17,022
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended. 17,023
(6) The obligee gave written authorization to the agency 17,025
to display the obligor on a poster. 17,026
(7) A legal representative of the agency and a child 17,028
support enforcement administrator reviewed the case. 17,029
(8) The agency is able to submit to the department a 17,031
description and photograph of the obligor, a statement of the 17,032
possible locations of the obligor, and any other information 17,033
required by the department. 17,034
411
(C) When the agency submits the name of an obligor to the 17,036
division, it also shall submit the photograph and information 17,037
described in division (B)(8) of this section. It shall not 17,038
submit to the division the address of the obligee or any other 17,039
personal information about the obligee. 17,040
(D) In accordance with Chapter 119. of the Revised Code, 17,042
the division shall adopt rules for the operation of the poster 17,043
program under this section. The rules shall specify the 17,044
following: 17,045
(1) Criteria and procedures for the division to use in 17,047
reviewing the names of obligors submitted by child support 17,048
enforcement agencies to be displayed on a poster and selecting 17,049
the delinquent obligors to be included on a poster; 17,050
(2) Procedures for providing the notice specified in 17,052
division (A)(3) of this section; 17,053
(3) Any other procedures necessary for the operation of 17,055
the poster program. 17,056
(E) The division shall use funds appropriated by the 17,058
general assembly for child support administration to conduct the 17,059
poster program under this section. 17,060
Sec. 5101.324. (A) The department of human services, in 17,070
accordance with Chapter 119. of the Revised Code, shall adopt 17,071
rules governing a child support enforcement agency in 17,072
establishing a paternity compliance unit and in adopting a 17,073
paternity compliance plan pursuant to section 2301.357 of the 17,074
Revised Code. The rules shall include, but shall not be limited 17,075
to, provisions for the following: 17,076
(1) The procedure an agency shall follow to adopt and 17,078
submit a paternity plan to the department of human services; 17,079
(2) The information an agency shall include in its adopted 17,081
paternity compliance plan, including, but not limited to, the 17,082
manner in which the agency will service Title IV-D cases in 17,083
accordance with federally mandated timeframes and the manner in 17,084
which the agency intends to service more cases in order to meet 17,085
412
the federal requirements; 17,086
(3) A requirement that all plans adopted by an agency 17,088
include establishing a paternity compliance unit; 17,089
(4) Any other procedures or requirements the department 17,091
decides are necessary to adopt a paternity compliance plan and to 17,092
establish a paternity compliance unit. 17,093
(B) The department of human services shall report annually 17,095
to the speaker of the house of representatives and the president 17,096
of the senate regarding the paternity compliance plans and 17,097
paternity compliance units and the progress the county agencies 17,098
have made toward meeting the federal requirements for quickly and 17,099
efficiently establishing parent and child relationships due to 17,100
the paternity compliance plans and units. The report shall 17,101
include statistics on how long a case takes to establish 17,102
paternity and the result of each request for a determination of 17,103
the existence or nonexistence of paternity. 17,104
(C) The department of human services shall prepare 17,106
pamphlets that discuss the benefit of establishing a parent and 17,107
child relationship, the proper procedure for establishing a 17,108
parent and child relationship between a father and his child, and 17,109
a toll-free telephone number that interested persons may call for 17,110
more information regarding the procedures for establishing a 17,111
parent and child relationship. The department shall make 17,112
available the pamphlets AND AFFIDAVITS AND STATEMENTS DESCRIBED 17,113
IN DIVISION (D) OF THIS SECTION to the department of health, TO 17,114
EACH HOSPITAL IT HAS A CONTRACT WITH PURSUANT TO SECTION 3727.17 17,115
OF THE REVISED CODE, and to any individual who requests a 17,116
pamphlet.
(D)(1) The department of human services shall prepare an 17,118
acknowledgment of paternity statement AFFIDAVIT that includes in 17,119
boldface type at the top of the statement AFFIDAVIT the rights 17,120
and responsibilities of and the due process safeguards afforded 17,122
to a person who acknowledges that he is the natural father of a 17,123
child, including that if an alleged father acknowledges a parent 17,124
413
and child relationship he assumes the parental duty of support, 17,125
that both signators waive any right to a jury trial BRING AN 17,126
ACTION PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE REVISED 17,127
CODE OR MAKE A REQUEST PURSUANT TO SECTION 3111.22 OF THE REVISED 17,128
CODE in order to ensure expediency in resolving the question of 17,129
the existence of a parent and child relationship, THAT EITHER
PARENT MAY, NO LATER THAN THIRTY DAYS AFTER THE DATE OF THE 17,130
LATEST SIGNATURE ON THE AFFIDAVIT, RESCIND THE ACKNOWLEDGMENT, 17,131
and that the natural father has the right to petition a court 17,133
pursuant to section 3109.12 of the Revised Code for an order 17,134
granting him reasonable visitation with respect to the child and 17,135
to petition the court for custody of the child pursuant to 17,136
section 2151.23 of the Revised Code. The statement AFFIDAVIT 17,137
shall include basic ALL OF THE FOLLOWING: 17,138
(a) BASIC instructions for completing the form, including 17,141
instructions that both the natural father and the mother or other 17,142
legal guardian or custodian of the child are required to sign the 17,143
statement before two competent and disinterested witnesses who 17,144
are eighteen years of age or older. The statement shall include 17,145
signature, THAT THEY MAY SIGN THE STATEMENT WITHOUT BEING IN EACH 17,146
OTHER'S PRESENCE, AND THAT THE SIGNATURES MUST BE NOTARIZED. 17,148
(b) BLANK SPACES TO ENTER THE FULL NAME, SOCIAL SECURITY 17,151
NUMBER, DATE OF BIRTH AND ADDRESS OF EACH PARENT; 17,152
(c) BLANK SPACES TO ENTER THE FULL NAME, DATE OF BIRTH, 17,155
AND THE RESIDENCE OF THE CHILD;
(d) A BLANK SPACE TO ENTER THE NAME OF THE HOSPITAL OR 17,158
DEPARTMENT OF HEALTH CODE NUMBER ASSIGNED TO THE HOSPITAL, FOR 17,159
USE IN SITUATIONS IN WHICH THE HOSPITAL FILLS OUT THE FORM 17,160
PURSUANT TO SECTION 3727.17 OF THE REVISED CODE; 17,162
(e) AN AFFIRMATION BY THE MOTHER THAT THE INFORMATION SHE 17,165
SUPPLIED IS TRUE TO THE BEST OF HER KNOWLEDGE AND BELIEF AND THAT 17,166
SHE IS THE NATURAL MOTHER OF THE CHILD NAMED ON THE FORM AND 17,167
ASSUMES THE PARENTAL DUTY OF SUPPORT OF THE CHILD; 17,168
(f) AN AFFIRMATION BY THE FATHER THAT THE INFORMATION HE 17,171
414
SUPPLIED IS TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT HE 17,172
HAS RECEIVED INFORMATION REGARDING HIS LEGAL RIGHTS AND 17,173
RESPONSIBILITIES, THAT HE CONSENTS TO THE JURISDICTION OF THE 17,174
COURTS OF THIS STATE, AND THAT HE IS THE NATURAL FATHER OF THE 17,175
CHILD NAMED ON THE FORM AND ASSUMES THE PARENTAL DUTY OF SUPPORT 17,176
OF THE CHILD;
(g) SIGNATURE lines for the mother or other legal guardian 17,179
or custodian of the child, AND the natural father, and each 17,180
witness;
(h) SIGNATURE LINES FOR THE NOTARY PUBLIC. 17,182
(2) The department of human services shall prepare an 17,184
agreement to genetic testing statement that includes a statement 17,185
that the mother and the alleged natural father agree to be bound 17,186
by the results of genetic testing, that both signators waive any 17,187
right to a jury trial BRING AN ACTION PURSUANT TO SECTIONS 17,188
3111.01 TO 3111.19 OF THE REVISED CODE OR MAKE A REQUEST PURSUANT 17,190
TO SECTION 3111.22 OF THE REVISED CODE in order to ensure 17,191
expediency in resolving the question of the existence of a parent 17,192
and child relationship, that if the results of the genetic 17,193
testing show a ninety-five per cent or greater probability that 17,194
the alleged father is the natural father of the child, the 17,195
administrative officer of the child support enforcement agency 17,196
will issue an administrative order determining the existence of a 17,197
parent and child relationship, that if the results show a less 17,198
than ninety-five per cent probability that the alleged father is 17,199
the natural father of the child but do not exclude him as the 17,200
father, the administrative officer will issue an administrative 17,201
order stating that the results are inconclusive as to whether the 17,202
alleged natural father is the natural father of the child, and, 17,203
if the results of genetic testing exclude the alleged natural 17,204
father as the natural father of the child, the agency will issue 17,205
an order determining the nonexistence of a parent and child 17,206
relationship, that if the agency determines a parent and child 17,207
relationship exists between the alleged father and the child, the 17,208
415
father assumes the parental duty of support and he may be 17,209
required to pay child support, and that if a parent and child 17,210
relationship exists between the alleged father and the child, the 17,211
father has the right to petition a court pursuant to section 17,212
3109.12 of the Revised Code for an order granting him reasonable 17,213
visitation with respect to the child and to petition the court 17,214
for custody of the child pursuant to section 2151.23 of the 17,215
Revised Code. The statement shall include basic instructions for 17,216
completing the agreement, including that both the mother and the 17,217
alleged natural father must sign the agreement before two 17,218
competent and disinterested witnesses who are eighteen years of 17,219
age or older, THAT THEY ARE NOT REQUIRED TO SIGN IN EACH OTHER'S 17,220
PRESENCE, AND THAT THEIR SIGNATURES MUST BE NOTARIZED. The 17,222
statement shall include signature lines for the mother, the
alleged natural father, and each witness THE NOTARIES PUBLIC. 17,223
(3) The department of human services shall make available 17,225
the statement acknowledging paternity and the agreement to 17,226
genetic testing to each county child support enforcement agency, 17,227
the department of health, and any other person or agency that 17,228
requests copies. 17,229
Sec. 5101.325. (A) EXCEPT AS PROVIDED IN DIVISION (I) OF 17,232
SECTION 2301.35 OF THE REVISED CODE, THE DIVISION OF CHILD 17,234
SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES SHALL BE THE SOLE 17,235
AGENCY OF THE STATE RESPONSIBLE FOR THE COLLECTION OF ALL CHILD 17,236
SUPPORT PAYMENTS DUE UNDER SUPPORT ORDERS AND THE DISBURSEMENT OF 17,238
THE PAYMENTS TO OBLIGEES. THE DIVISION SHALL MAKE COLLECTIONS 17,239
AND DISBURSEMENTS IN COMPLIANCE WITH RULES ADOPTED PURSUANT TO 17,240
DIVISION (F) OF THIS SECTION. 17,241
(B)(1) THE DIVISION SHALL COLLECT, OR IN CASES UNDER 17,244
DIVISION (I) OF SECTION 2301.35 OF THE REVISED CODE, THE CHILD 17,247
SUPPORT ENFORCEMENT AGENCY SHALL COLLECT AND SEND TO THE 17,248
DIVISION, THE FEE IMPOSED ON THE OBLIGOR UNDER THE SUPPORT ORDER 17,249
PURSUANT TO DIVISION (H)(1) OF SECTION 2301.35 OF THE REVISED 17,252
CODE. IF AN OBLIGOR FAILS TO PAY THE REQUIRED AMOUNT WITH EACH 17,253
416
SUPPORT PAYMENT DUE IN INCREMENTS SPECIFIED UNDER THE SUPPORT 17,254
ORDER, THE DIVISION SHALL MAINTAIN A SEPARATE ARREARAGE ACCOUNT 17,255
OF THAT AMOUNT FOR THAT OBLIGOR. THE DIVISION SHALL NOT DEDUCT 17,256
THE UNPAID AMOUNT FROM ANY SUPPORT PAYMENT DUE TO THE OBLIGEE IN 17,257
INCREMENTS SPECIFIED UNDER THE SUPPORT ORDER. IF AN OBLIGOR PAYS 17,258
THE REQUIRED AMOUNT, THE DIVISION IS NOT REQUIRED TO APPLY THAT 17,259
PAYMENT TOWARD ANY ARREARAGES UNDER THE SUPPORT PAYMENT. 17,260
(2) ALL FEE AMOUNTS COLLECTED PURSUANT TO DIVISION (B)(1) 17,263
OF THIS SECTION SHALL BE PLACED IN THE ADMINISTRATIVE FEE FUND 17,264
ESTABLISHED PURSUANT TO DIVISION (E) OF THIS SECTION. ON RECEIPT 17,266
OF THE FEES, THE DIVISION SHALL DETERMINE THE FEE AMOUNTS 17,267
COLLECTED FROM OBLIGORS UNDER SUPPORT ORDERS BEING ADMINISTERED 17,268
BY A CHILD SUPPORT ENFORCEMENT AGENCY IN EACH COUNTY AND SHALL 17,269
ANNUALLY DISTRIBUTE TO EACH SUCH AGENCY ONE-THIRD OF THOSE FEE 17,270
AMOUNTS COLLECTED. THE DIVISION SHALL RETAIN TWO-THIRDS OF THE 17,271
FEE AMOUNTS COLLECTED. NO FEE AMOUNTS COLLECTED PURSUANT TO THIS 17,272
DIVISION SHALL BE USED BY THE DIVISION OR AN AGENCY FOR ANY 17,273
PURPOSE OTHER THAN THE PROVISION OF FUNDS FOR CHILD SUPPORT 17,274
ENFORCEMENT ACTIVITIES.
(C)(1) THE DIVISION MAY ENTER INTO CONTRACTS WITH PUBLIC 17,277
ENTITIES OR PRIVATE VENDORS FOR THE COLLECTION OF AMOUNTS DUE 17,278
UNDER SUPPORT ORDERS OR FOR THE PERFORMANCE OF OTHER 17,280
ADMINISTRATIVE DUTIES OF THE DIVISION. EACH CONTRACT SHALL 17,281
COMPLY WITH THE RULES ADOPTED PURSUANT TO DIVISION (F) OF THIS 17,283
SECTION.
(2) THE DIVISION MAY CONTRACT WITH A PUBLIC OR PRIVATE 17,286
ENTITY FOR THE COLLECTION OF ARREARAGES OWED UNDER ANY CHILD 17,287
SUPPORT ORDER FOR WHICH A COURT OR A CHILD SUPPORT ENFORCEMENT 17,288
AGENCY HAS FOUND THE OBLIGOR IN DEFAULT PURSUANT TO A FINAL AND 17,289
ENFORCEABLE ORDER ISSUED PURSUANT TO DIVISION (B) OF SECTION 17,291
3113.21 OF THE REVISED CODE. THE DIVISION MAY NOT GIVE A CHILD 17,294
SUPPORT ORDER TO AN ENTITY FOR COLLECTION UNLESS THE OBLIGEE 17,295
UNDER THE CHILD SUPPORT ORDER CONSENTS TO GIVING THE CHILD 17,296
SUPPORT ORDER FOR COLLECTION. THE DIVISION MAY COLLECT FROM THE 17,297
417
OBLIGOR A STANDARDIZED COLLECTION COST OF NO MORE THAN AN AMOUNT 17,298
EQUAL TO THIRTY PER CENT OF THE ARREARAGE AND ANY INTEREST 17,299
IMPOSED ON THE ARREARAGE PURSUANT TO SECTION 3113.219 OF THE 17,301
REVISED CODE. ALL AMOUNTS COLLECTED OR CAUSED TO BE COLLECTED BY 17,303
A COLLECTION AGENT SHALL BE PAID TO THE DIVISION. IF THE AGENCY 17,304
OR VENDOR COLLECTS OR CAUSES TO BE COLLECTED THE TOTAL AMOUNT DUE 17,305
AS ARREARAGES, INTEREST, AND STANDARDIZED COLLECTION COST, THE 17,306
DIVISION SHALL PAY SOME OR ALL OF THE STANDARDIZED COLLECTION 17,307
COST TO THE AGENCY OR VENDOR. IF LESS THAN THE ENTIRE AMOUNT DUE 17,308
AS ARREARAGE, INTEREST, AND STANDARDIZED COLLECTION COST IS 17,309
COLLECTED OR CAUSED TO BE COLLECTED BY AN AGENCY OR VENDOR, THE 17,310
DIVISION SHALL NOT PAY ANY OR ALL OF THE STANDARDIZED COLLECTION 17,311
COST TO THE AGENCY OR VENDOR.
(D) THE DIVISION SHALL MAINTAIN A SEPARATE ACCOUNT FOR THE 17,314
DEPOSIT OF SUPPORT PAYMENTS IT RECEIVES AS TRUSTEE FOR REMITTANCE 17,315
TO THE PERSONS ENTITLED TO RECEIVE THE SUPPORT PAYMENTS. THE 17,316
DIVISION SHALL DISBURSE EACH SUPPORT PAYMENT RECEIVED BY IT TO 17,318
THE APPROPRIATE PERSONS PURSUANT TO DIVISION (C) OF SECTION
3113.211 OF THE REVISED CODE. THE DIVISION SHALL COMPLY WITH 17,320
RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION TO ASSIST IN THE 17,321
IMPLEMENTATION OF THIS DIVISION. THE DIVISION SHALL RETAIN AND
USE SOLELY FOR SUPPORT ENFORCEMENT ACTIVITIES, ALL INTEREST 17,323
EARNED ON MONEYS IN ANY ACCOUNT MAINTAINED PURSUANT TO THIS 17,324
DIVISION.
(E) THE ADMINISTRATIVE FEE FUND IS HEREBY CREATED IN THE 17,327
STATE TREASURY. THE FUND SHALL CONSIST OF FEE AMOUNTS COLLECTED 17,328
UNDER DIVISION (B)(1) OF THIS SECTION AND DIVISION (I) OF SECTION 17,330
2301.35 OF THE REVISED CODE. THE FUNDS SHALL BE USED BY THE 17,331
DIVISION OF CHILD SUPPORT AND CHILD SUPPORT ENFORCEMENT AGENCIES 17,332
FOR PURPOSES OF PROVIDING FUNDS FOR CHILD SUPPORT ENFORCEMENT 17,333
ACTIVITIES. 17,334
(F) THE DEPARTMENT OF HUMAN SERVICES, PURSUANT TO CHAPTER 17,337
119. OF THE REVISED CODE SHALL ADOPT RULES THAT DO ALL OF THE 17,340
FOLLOWING:
418
(1) GOVERN COLLECTION AND DISBURSEMENT OF CHILD SUPPORT 17,342
AMOUNTS IN COMPLIANCE WITH SECTIONS 454, 454B, AND 466 OF THE 17,345
"SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY 17,349
AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 17,354
42 U.S.C. 654, 654B, AND 666, AND ANY REGULATIONS ADOPTED UNDER 17,357
THE ACT;
(2) GOVERNING THE METHOD OF SENDING AMOUNTS IN THE 17,359
ADMINISTRATIVE FEE FUND ESTABLISHED UNDER DIVISION (E) OF THIS 17,361
SECTION TO CHILD SUPPORT ENFORCEMENT AGENCIES; 17,362
(3) ASSIST IN THE IMPLEMENTATION OF SEPARATE ACCOUNTS FOR 17,364
SUPPORT PAYMENTS RECEIVED BY THE DIVISION; 17,365
(4) GOVERN THE PROCESS OF ENTERING INTO AND THE PROVISIONS 17,368
OF CONTRACTS DESCRIBED IN DIVISIONS (C)(1) AND (2) OF THIS 17,369
SECTION; 17,370
(5) GOVERN THE IMPOSITION, COLLECTION, AND DISPOSITION OF 17,372
THE STANDARDIZED COLLECTION COST UNDER A CONTRACT PURSUANT TO 17,373
DIVISION (C)(2) OF THIS SECTION. 17,375
Sec. 5101.37. (A) The department of human services and 17,385
each child support enforcement agency may make any investigations 17,386
that are necessary in the performance of its THEIR duties, and to 17,387
that end they shall have the same power as a judge of a county 17,388
court to administer oaths and to enforce the attendance and 17,389
testimony of witnesses and the production of books or papers. 17,390
The department and each child support enforcement agency 17,392
shall keep a record of its THEIR investigations stating the time, 17,393
place, charges or subject, witnesses summoned and examined, and 17,394
its THEIR conclusions. 17,395
In matters involving the conduct of an officer, a 17,397
stenographic report of the evidence shall be taken and a copy of 17,398
the report, with all documents introduced, kept on file at the 17,399
office of the department or the agency. 17,400
The fees of witnesses for attendance and travel shall be 17,402
the same as in the court of common pleas, but no officer or 17,403
employee of the institution under investigation is entitled to 17,404
419
such fees. 17,405
(B) In conducting hearings pursuant to sections 3113.21 to 17,407
3113.217 3113.26 or pursuant to division (B) of section 5101.35 17,409
of the Revised Code, the department and each child support 17,411
enforcement agency have the same power as a judge of a county 17,412
court to administer oaths and to enforce the attendance and 17,413
testimony of witnesses and the production of books or papers. 17,414
The department and each agency shall keep a record of those 17,415
hearings stating the time, place, charges or subject, witnesses 17,416
summoned and examined, and its THEIR conclusions. 17,417
The issuance of a subpoena by the department or a child 17,419
support enforcement agency to enforce attendance and testimony of 17,420
witnesses and the production of books or papers at a hearing is 17,421
discretionary and the department or agency is not required to pay 17,422
the fees of witnesses for attendance and travel. 17,423
(C) Any judge of the probate court or of the court of 17,425
common pleas, upon application of the department or a child 17,426
support enforcement agency, may compel the attendance of 17,427
witnesses, the production of books or papers, and the giving of 17,428
testimony before the department or agency, by a judgment for 17,429
contempt or otherwise, in the same manner as in cases before 17,430
those courts. 17,431
Sec. 5107.07. (A) The acceptance of aid under this 17,440
chapter constitutes an assignment to the department of human 17,441
services of any rights an individual receiving aid has to support 17,442
from any other person, excluding medical support assigned 17,443
pursuant to section 5101.59 of the Revised Code. The rights to 17,444
support assigned to the department pursuant to this section 17,445
constitute an obligation of the person who is responsible for 17,446
providing the support to the state for the amount of aid payments 17,447
to the recipient or recipients whose needs are included in 17,448
determining the amount of aid received. Support payments 17,449
assigned to the state pursuant to this section shall be collected 17,450
by the county administration DIVISION OF CHILD SUPPORT IN THE 17,451
420
DEPARTMENT OF HUMAN SERVICES, and reimbursements for aid payments 17,452
shall be credited to the county, state, and federal governments 17,453
in the same proportions as they participate in the financing of 17,454
such payments. Support obligations owed to children shall be 17,455
distributed in accordance with laws and rules applicable to the 17,456
federal child support program under the "Social Services 17,457
Amendments of 1974," 88 Stat. 2351, 42 U.S.C.A. 651, as amended. 17,458
(B) If a child support enforcement agency THE DIVISION 17,460
receives in any month support payments that are made in 17,461
accordance with a support order and that are subject to division 17,462
(A) of this section, the agency DIVISION, in accordance with 17,463
division (A) of this section and the rules adopted pursuant to 17,464
division (D) of this section, shall pay the support payments to 17,465
the department of human services. Upon receipt of any support 17,466
payments pursuant to this division, the department, in accordance 17,467
with the rules adopted pursuant to division (D) of this section 17,468
and to the extent applicable, shall do all of the following: 17,469
(1) If any of the support payments are received by the 17,471
child support enforcement agency in the month in which they were 17,472
due under the support order, pay the first fifty dollars of those 17,473
payments or the amount payable pursuant to division (E) of this 17,474
section to the obligee no later than fifteen days after the last 17,475
of those payments were received in the applicable month by the 17,476
agency DIVISION; 17,477
(2) If any of the support payments are received by the 17,479
child support enforcement agency in a month subsequent to the 17,480
month in which the payments were due under the support order and 17,481
if the obligor made the support payments in the month in which 17,482
they were due under the support order, pay the first fifty 17,483
dollars of those support payments or the amount payable pursuant 17,484
to division (E) of this section to the obligee no later than 17,485
fifteen days after the last of those payments were received in 17,486
the applicable month by the agency DIVISION; 17,487
(3) If divisions (B)(1) and (2) of this section are not 17,489
421
applicable, pay the full amount of the support payments to the 17,490
appropriate governmental entities in accordance with division (A) 17,491
of this section and the rules adopted pursuant to division (D) of 17,492
this section. 17,493
(C) Child support collections received by the state 17,495
pursuant to this section shall be deposited in the state treasury 17,496
to the credit of the child support collections fund, which is 17,497
hereby created. Money credited to the fund shall be used to make 17,498
aid payments under this chapter. 17,499
(D) The department of human services, in accordance with 17,501
section 111.15 of the Revised Code, shall adopt rules 17,502
establishing procedures for the administration of this section. 17,503
The rules shall include, but are not limited to, all of the 17,504
following: 17,505
(1) Procedures to ensure that the payments required by 17,507
divisions (B)(1) and (2) of this section are made within the 17,508
required period of time; 17,509
(2) Procedures establishing a period of time within which 17,511
child support enforcement agencies are required to pay support 17,512
payments to the department of human services pursuant to division 17,513
(B) of this section, which specified period of time shall enable 17,514
the department to comply with the time deadlines in divisions 17,515
(B)(1) and (2) of this section; 17,516
(3) Procedures to ensure compliance with division (E) of 17,518
this section; 17,519
(4)(3) Any other procedures necessary to ensure compliance 17,521
with any applicable state or federal laws. 17,522
(E) If the amount of support payments that federal law 17,524
requires to be disregarded in determining eligibility for aid 17,525
under this chapter exceeds fifty dollars, the amount paid to an 17,526
obligee pursuant to divisions (B)(1) and (2) of this section 17,527
shall be the amount that federal law requires to be disregarded 17,528
when determining the eligibility of the family of an obligee for 17,529
aid under this chapter. 17,530
422
(F) As used in this section, "support order," "support," 17,532
"obligee," and "obligor" have the same meanings as in section 17,533
3113.21 of the Revised Code. 17,534
Sec. 5735.045. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 17,536
2301.373 OF THE REVISED CODE, THE TAX COMMISSIONER SHALL COMPLY 17,537
WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED PURSUANT TO 17,538
THIS CHAPTER.
Sec. 5739.20. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 17,540
2301.373 OF THE REVISED CODE, THE TAX COMMISSIONER SHALL COMPLY 17,542
WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED PURSUANT TO 17,543
THIS CHAPTER.
Section 2. That existing sections 149.43, 329.04, 1336.07, 17,545
1336.08, 1349.01, 1533.82, 2105.18, 2151.23, 2151.231, 2151.33, 17,546
2151.49, 2301.34, 2301.35, 2301.353, 2301.357, 2301.36, 2301.37, 17,547
2301.373, 2301.374, 2705.02, 2919.21, 3103.031, 3105.18, 3105.21, 17,548
3107.01, 3107.06, 3107.064, 3109.05, 3109.12, 3109.19, 3111.02, 17,549
3111.03, 3111.04, 3111.07, 3111.09, 3111.12, 3111.13, 3111.20, 17,550
3111.21, 3111.22, 3111.23, 3111.24, 3111.241, 3111.242, 3111.25, 17,551
3111.27, 3111.28, 3111.37, 3113.04, 3113.07, 3113.21, 3113.211, 17,552
3113.212, 3113.213,3113.214, 3113.215, 3113.216, 3113.217, 17,553
3113.31, 3113.99, 3705.07, 3705.09, 3705.16, 3727.17, 3770.071, 17,554
3924.48, 3924.49, 4141.16, 4141.28, 5101.31, 5101.311, 5101.312, 17,555
5101.322, 5101.323, 5101.324, 5101.37, and 5107.07, and sections 17,556
329.043, 2301.351, 2301.352, 3115.01, 3115.02, 3115.03, 3115.04, 17,557
3115.05, 3115.06, 3115.07, 3115.08, 3115.09, 3115.10, 3115.11, 17,558
3115.12, 3115.13, 3115.14, 3115.15, 3115.16, 3115.17, 3115.18, 17,559
3115.19, 3115.20, 3115.21, 3115.22, 3115.23, 3115.24, 3115.25, 17,560
3115.26, 3115.27, 3115.28, 3115.29, 3115.30, 3115.31, 3115.32, 17,561
3115.33, 3115.34, and 3701.042 of the Revised Code are hereby 17,562
repealed.
Section 3. The amendment by this act to section 2301.353 17,564
of the Revised Code shall take effect January 1, 1998. 17,565
Section 4. Section 2301.355 of the Revised Code, which is 17,567
presented in this act in all capital letters, is revived by this 17,568
423
act, and section 5101.323 of the Revised Code, although not 17,569
presented in this act in all capital letters, is revived and 17,570
amended by this act. Section 5 of Am. Sub. S.B. 292 of the 121st 17,572
General Assembly repealed Section 3 of Am. Sub. S.B. 10 of the 17,573
119th General Assembly, which latter section repealed sections 17,574
2301.355 and 5101.323 of the Revised Code effective October 1, 17,575
1996. Section 5 of Am. Sub. S.B. 292, however, did not become 17,576
effective until November 6, 1996, after the repeal of sections 17,577
2301.355 and 5101.323 of the Revised Code by Section 3 of Am. 17,578
Sub. S.B. 10 had taken effect on October 1, 1996. While
legislative intent to retain sections 2301.355 and 5101.323 of 17,579
the Revised Code is explicit in Section 5 of Am. Sub. S.B. 292, 17,580
efficacy of the legislative intent is uncertain because Ohio 17,581
Constitution, Article II, Section 15(D) states that repealed 17,582
sections may not be revived "unless the new act contains the 17,583
entire act revived," and sections 2301.355 and 5101.323 of the 17,584
Revised Code are not set forth in their entirety in Am. Sub. S.B. 17,585
292. This act, in confirmation of the legislative intent stated 17,586
in Section 5 of Am. Sub. S.B. 292, revives section 2301.355 of 17,587
the Revised Code by setting forth the section in its entirety, 17,588
and revives section 5101.323 of the Revised Code by setting forth 17,590
the section in its entirety for purposes of amendment.
Section 5. Section 149.43 of the Revised Code is presented 17,593
in this act as a composite of the section as amended by Am. Sub. 17,594
H.B. 419, Am. Sub. H.B. 353, Am. Sub. S.B. 269, and Am. Sub. H.B. 17,595
438 of the 121st General Assembly, with the new language of none 17,596
of the acts shown in capital letters. Section 2301.34 of the 17,597
Revised Code is presented in this act as a composite of the 17,599
section as amended by both Sub. H.B. 274 and Am. Sub. S.B. 292 17,600
of the 121st General Assembly, with the new language of neither 17,601
of the acts shown in capital letters. Section 2301.35 of the
Revised Code is presented in this act as a composite of the 17,604
section as amended by Sub. H.B. 274, Sub. H.B. 357, and Am. Sub. 17,605
S.B. 292 of the 121st General Assembly, with the new language of
424
none of the acts shown in capital letters. Section 2919.21 of 17,606
the Revised Code is presented in this act as a composite of the 17,608
section as amended by both Sub. H.B. 274 and Am. Sub. S.B. 269 of 17,609
the 121st General Assembly, with the new language of neither of 17,610
the acts shown in capital letters. Section 3113.21 of the
Revised Code is presented in this act as a composite of the 17,612
section as amended by both Sub. H.B. 274 and Am. Sub. S.B. 292 of 17,613
the 121st General Assembly, with the new language of neither of 17,614
the acts shown in capital letters. Section 3113.31 of the
Revised Code is presented in this act as a composite of the 17,616
section as amended by both Sub. H.B. 274 and Am. Sub. H.B. 438 of 17,617
the 121st General Assembly, with the new language of neither of 17,618
the acts shown in capital letters. Section 3113.99 of the
Revised Code is presented in this act as a composite of the 17,620
section as amended by both Am. Sub. S.B. 2 and Sub. H.B. 167 of 17,621
the 121st General Assembly, with the new language of neither of 17,622
the acts shown in capital letters. This is in recognition of the 17,623
principle stated in division (B) of section 1.52 of the Revised 17,624
Code that such amendments are to be harmonized where not 17,625
substantively irreconcilable and constitutes a legislative 17,626
finding that such is the resulting version in effect prior to the 17,627
effective date of this act.