As Reported by the House Family Services Committee          1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 352   5            

      1997-1998                                                    6            


                REPRESENTATIVES WINKLER-LAWRENCE                   8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 149.43, 169.03, 169.08, 329.04,     12           

                1336.07, 1336.08, 1349.01, 1533.82, 2105.18,       13           

                2151.23, 2151.231, 2151.33, 2151.49, 2301.34,                   

                2301.35, 2301.353, 2301.356, 2301.357, 2301.358,   14           

                2301.36, 2301.37, 2301.371, 2301.373, 2301.374,    16           

                2705.02, 2919.21, 2919.231, 3103.03, 3103.031,                  

                3105.18, 3105.21, 3107.01, 3107.06, 3107.064,      18           

                3109.05, 3109.12, 3109.19, 3111.02, 3111.03,                    

                3111.04, 3111.06, 3111.07, 3111.09, 3111.12,       19           

                3111.13, 3111.20, 3111.22, 3111.23, 3111.24,       20           

                3111.241, 3111.242, 3111.25, 3111.26, 3111.27,                  

                3111.28, 3111.37, 3111.99, 3113.04, 3113.07,       21           

                3113.21, 3113.211, 3113.212, 3113.213, 3113.215,   22           

                3113.216, 3113.217, 3113.218, 3113.219, 3113.31,                

                3113.99, 3705.07, 3705.09, 3705.16, 3727.17,       23           

                3770.071, 3924.48, 3924.49, 4141.16, 4141.162,     24           

                4141.28, 5101.31, 5101.311, 5101.312, 5101.322,                 

                5101.324, 5101.37, and 5107.07; to amend for       25           

                purposes of adopting a new section number 2105.18  26           

                (5101.314); to revive section 2301.355 and revive  27           

                section 5101.323 in revised form; to enact new     28           

                sections 3111.21, 3115.01, 3115.02, 3115.03,                    

                3115.04, 3115.05, 3115.06, 3115.07, 3115.08,       29           

                3115.09, 3115.10, 3115.11, 3115.12, 3115.13,       30           

                3115.14, 3115.15, 3115.16, 3115.17, 3115.18,                    

                3115.19, 3115.20, 3115.21, 3115.22, 3115.23,       31           

                3115.24, 3115.25, 3115.26, 3115.27, 3115.28,       32           

                3115.29, 3115.30, 3115.31, 3115.32, 3115.33, and   33           

                                                          2      

                                                                 
                3115.34, and sections 2151.232, 2301.375,                       

                2301.43, 2301.44, 2301.45, 2301.46, 3105.72,       34           

                3109.042, 3111.111, 3111.211, 3111.221, 3111.231,               

                3115.35, 3115.36, 3115.37, 3115.38, 3115.39,       35           

                3115.40, 3115.41, 3115.42, 3115.43, 3115.44,       36           

                3115.45, 3115.46, 3115.47, 3115.48, 3115.49,       37           

                3115.50, 3115.51, 3115.52, 3115.53, 3115.54,                    

                3115.55, 3115.56, 3115.57, 3115.58, 3115.59,       38           

                3705.091, 5101.315, 5101.316, 5101.317, 5101.318,  39           

                5101.319, 5101.325, 5101.326, and 5101.327; and    40           

                to repeal sections 329.043, 2301.351, 2301.352,    42           

                2301.42, 3111.21, 3113.214, 3115.01, 3115.02,                   

                3115.03, 3115.04, 3115.05, 3115.06, 3115.07,       44           

                3115.08, 3115.09, 3115.10, 3115.11, 3115.12,                    

                3115.13, 3115.14, 3115.15, 3115.16, 3115.17,       45           

                3115.18, 3115.19, 3115.20, 3115.21, 3115.22,       46           

                3115.23, 3115.24, 3115.25, 3115.26, 3115.27,                    

                3115.28, 3115.29, 3115.30, 3115.31, 3115.32,       47           

                3115.33, 3115.34, and 3701.042 of the Revised      48           

                Code to make changes to the laws governing child                

                support.                                           49           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        51           

      Section 1.  That sections 149.43, 169.03, 169.08, 329.04,    53           

1336.07, 1336.08, 1349.01, 1533.82, 2105.18, 2151.23, 2151.231,    55           

2151.33, 2151.49, 2301.34, 2301.35, 2301.353, 2301.356, 2301.357,  56           

2301.358, 2301.36, 2301.37, 2301.371, 2301.373, 2301.374,          58           

2705.02, 2919.21, 2919.231, 3103.03, 3103.031, 3105.18, 3105.21,                

3107.01, 3107.06, 3107.064, 3109.05, 3109.12, 3109.19, 3111.02,    60           

3111.03, 3111.04, 3111.06, 3111.07, 3111.09, 3111.12, 3111.13,     61           

3111.20, 3111.22, 3111.23, 3111.24, 3111.241, 3111.242, 3111.25,   62           

3111.26, 3111.27, 3111.28, 3111.37, 3111.99, 3113.04, 3113.07,     63           

3113.21, 3113.211, 3113.212, 3113.213, 3113.215, 3113.216,         64           

3113.217, 3113.218, 3113.219, 3113.31, 3113.99, 3705.07, 3705.09,  65           

                                                          3      

                                                                 
3705.16, 3727.17, 3770.071, 3924.48, 3924.49, 4141.16, 4141.162,   66           

4141.28, 5101.31, 5101.311, 5101.312, 5101.322, 5101.324,          67           

5101.37, and 5107.07 be amended; section 2105.18 (5101.314) be     68           

amended for the purpose of adopting a new section number as                     

indicated in the parentheses; section 2301.355 be revived and      69           

section 5101.323 be revived in revised form; and new sections      70           

3111.21, 3115.01, 3115.02, 3115.03, 3115.04, 3115.05, 3115.06,     73           

3115.07, 3115.08, 3115.09, 3115.10, 3115.11, 3115.12, 3115.13,     74           

3115.14, 3115.15, 3115.16, 3115.17, 3115.18, 3115.19, 3115.20,     75           

3115.21, 3115.22, 3115.23, 3115.24, 3115.25, 3115.26, 3115.27,     76           

3115.28, 3115.29, 3115.30, 3115.31, 3115.32, 3115.33, and          77           

3115.34, and sections 2151.232, 2301.375, 2301.43, 2301.44,                     

2301.45, 2301.46, 3105.72, 3109.042, 3111.111, 3111.211,           78           

3111.221, 3111.231, 3115.35, 3115.36, 3115.37, 3115.38, 3115.39,   79           

3115.40, 3115.41, 3115.42, 3115.43, 3115.44, 3115.45, 3115.46,     80           

3115.47, 3115.48, 3115.49, 3115.50, 3115.51, 3115.52, 3115.53,     81           

3115.54, 3115.55, 3115.56, 3115.57, 3115.58, 3115.59, 3705.091,    82           

5101.315, 5101.316, 5101.317, 5101.318, 5101.319, 5101.325,        84           

5101.326, and 5101.327 of the Revised Code be enacted to read as   85           

follows:                                                                        

      Sec. 149.43.  (A)  As used in this section:                  94           

      (1)  "Public record" means any record that is kept by any    96           

public office, including, but not limited to, state, county,       97           

city, village, township, and school district units, except that    99           

"public record" does not mean any of the following:                             

      (a)  Medical records;                                        101          

      (b)  Records pertaining to probation and parole              103          

proceedings;                                                                    

      (c)  Records pertaining to actions under section 2151.85 of  105          

the Revised Code and to appeals of actions arising under that      106          

section;                                                                        

      (d)  Records pertaining to adoption proceedings, including   108          

the contents of an adoption file maintained by the department of   109          

health under section 3705.12 of the Revised Code;                  110          

                                                          4      

                                                                 
      (e)  Information in a record contained in the putative       112          

father registry established by section 3107.062 of the Revised     113          

Code, regardless of whether the information is held by the         114          

department of human services or, pursuant to section 5101.313 of   115          

the Revised Code, the division of child support in the department  116          

or a child support enforcement agency;                                          

      (f)  Records listed in division (A) of section 3107.42 of    118          

the Revised Code or specified in division (A) of section 3107.52   119          

of the Revised Code;                                                            

      (g)  Trial preparation records;                              121          

      (h)  Confidential law enforcement investigatory records;     123          

      (i)  Records containing information that is confidential     125          

under section 2317.023 or 4112.05 of the Revised Code;             126          

      (j)  DNA records stored in the DNA database pursuant to      129          

section 109.573 of the Revised Code;                                            

      (k)  Inmate records released by the department of            131          

rehabilitation and correction to the department of youth services  133          

or a court of record pursuant to division (E) of section 5120.21   134          

of the Revised Code;                                                            

      (l)  Records maintained by the department of youth services  136          

pertaining to children in its custody released by the department   137          

of youth services to the department of rehabilitation and          138          

correction pursuant to section 5139.05 of the Revised Code;        139          

      (m)  Intellectual property records;                          141          

      (n)  Donor profile records;                                  143          

      (o)  RECORDS MAINTAINED BY THE DEPARTMENT OF HUMAN SERVICES  145          

PURSUANT TO SECTION 5101.312 OF THE REVISED CODE;                  146          

      (p)  Records the release of which is prohibited by state or  148          

federal law.                                                       149          

      (2)  "Confidential law enforcement investigatory record"     151          

means any record that pertains to a law enforcement matter of a    152          

criminal, quasi-criminal, civil, or administrative nature, but     153          

only to the extent that the release of the record would create a   154          

high probability of disclosure of any of the following:            155          

                                                          5      

                                                                 
      (a)  The identity of a suspect who has not been charged      157          

with the offense to which the record pertains, or of an            158          

information source or witness to whom confidentiality has been     159          

reasonably promised;                                               160          

      (b)  Information provided by an information source or        162          

witness to whom confidentiality has been reasonably promised,      163          

which information would reasonably tend to disclose the source's   164          

or witness's identity;                                             165          

      (c)  Specific confidential investigatory techniques or       167          

procedures or specific investigatory work product;                 168          

      (d)  Information that would endanger the life or physical    170          

safety of law enforcement personnel, a crime victim, a witness,    171          

or a confidential information source.                              172          

      (3)  "Medical record" means any document or combination of   174          

documents, except births, deaths, and the fact of admission to or  175          

discharge from a hospital, that pertains to the medical history,   176          

diagnosis, prognosis, or medical condition of a patient and that   177          

is generated and maintained in the process of medical treatment.   178          

      (4)  "Trial preparation record" means any record that        180          

contains information that is specifically compiled in reasonable   181          

anticipation of, or in defense of, a civil or criminal action or   182          

proceeding, including the independent thought processes and        183          

personal trial preparation of an attorney.                         184          

      (5)  "Intellectual property record" means a record, other    187          

than a financial or administrative record, that is produced or                  

collected by or for faculty or staff of a state institution of     188          

higher learning in the conduct of or as a result of study or       189          

research on an educational, commercial, scientific, artistic,      190          

technical, or scholarly issue, regardless of whether the study or  191          

research was sponsored by the institution alone or in conjunction               

with a governmental body or private concern, and that has not      193          

been publicly released, published, or patented.                    194          

      (6)  "Donor profile record" means all records about donors   196          

or potential donors to a public institution of higher education    197          

                                                          6      

                                                                 
except the names and reported addresses of the actual donors and   198          

the date, amount, and conditions of the actual donation.           199          

      (B)  All public records shall be promptly prepared and made  201          

available for inspection to any person at all reasonable times     202          

during regular business hours.  Upon request, a person             203          

responsible for public records shall make copies available at      204          

cost, within a reasonable period of time.  In order to facilitate  205          

broader access to public records, governmental units shall         206          

maintain public records in a manner that they can be made          207          

available for inspection in accordance with this division.         208          

      (C)  If a person allegedly is aggrieved by the failure of a  210          

governmental unit to promptly prepare a public record and to make  211          

it available to the person for inspection in accordance with       212          

division (B) of this section, or if a person who has requested a   214          

copy of a public record allegedly is aggrieved by the failure of   215          

a person responsible for the public record to make a copy          216          

available to the person allegedly aggrieved in accordance with     218          

division (B) of this section, the person allegedly aggrieved may   219          

commence a mandamus action to obtain a judgment that orders the    220          

governmental unit or the person responsible for the public record  221          

to comply with division (B) of this section and that awards        222          

reasonable attorney's fees to the person that instituted the       223          

mandamus action.  The mandamus action may be commenced in the                   

court of common pleas of the county in which division (B) of this  224          

section allegedly was not complied with, in the supreme court      225          

pursuant to its original jurisdiction under Section 2 of Article   226          

IV, Ohio Constitution, or in the court of appeals for the          227          

appellate district in which division (B) of this section           228          

allegedly was not complied with pursuant to its original           229          

jurisdiction under Section 3 of Article IV, Ohio Constitution.     230          

      (D)  Chapter 1347. of the Revised Code does not limit the    232          

provisions of this section.                                        233          

      (E)(1)  The bureau of motor vehicles may adopt rules         235          

pursuant to Chapter 119. of the Revised Code to reasonably limit   237          

                                                          7      

                                                                 
the number of bulk commercial special extraction requests made by               

a person for the same records or for updated records during a      238          

calendar year.  The rules may include provisions for charges to    239          

be made for bulk commercial special extraction requests for the    241          

actual cost of the bureau, plus special extraction costs, plus     242          

ten per cent.  The bureau may charge for expenses for redacting    243          

information, the release of which is prohibited by law.            244          

      (2)  As used in division (E)(1) of this section:             246          

      (a)  "Actual cost" means the cost of depleted supplies,      248          

records storage media costs, actual mailing and alternative        249          

delivery costs, or other transmitting costs, and any direct        250          

equipment operating and maintenance costs, including actual costs  251          

paid to private contractors for copying services.                  252          

      (b)  "Bulk commercial special extraction request" means a    254          

request for copies of a record for information in a format other   255          

than the format already available, or information that cannot be   256          

extracted without examination of all items in a records series,    257          

class of records, or data base by a person who intends to use or   258          

forward the copies for surveys, marketing, solicitation, or        259          

resale for commercial purposes.  "Bulk commercial special          260          

extraction request" does not include a request by a person who     261          

gives assurance to the bureau that the person making the request   262          

does not intend to use or forward the requested copies for         263          

surveys, marketing, solicitation, or resale for commercial         264          

purposes.                                                                       

      (c)  "Commercial" means profit-seeking production, buying,   266          

or selling of any good, service, or other product.                 267          

      (d)  "Special extraction costs" means the cost of the time   269          

spent by the lowest paid employee competent to perform the task,   270          

the actual amount paid to outside private contractors employed by  271          

the bureau, or the actual cost incurred to create computer         272          

programs to make the special extraction.  "Special extraction      273          

costs" include any charges paid to a public agency for computer                 

or records services.                                               274          

                                                          8      

                                                                 
      (3)  For purposes of divisions (E)(1) and (2) of this        277          

section, "commercial surveys, marketing, solicitation, or resale"  278          

shall be narrowly construed and does not include reporting or                   

gathering news, reporting or gathering information to assist       280          

citizen oversight or understanding of the operation or activities  281          

of government, or nonprofit educational research.                  282          

      Sec. 169.03.  (A)(1)  Every holder of unclaimed funds and,   291          

when requested, person which could be the holder of unclaimed      292          

funds, under this chapter shall report to the director of          293          

commerce with respect to the unclaimed funds as provided in this   294          

section.  The report shall be verified.                            295          

      (2)  With respect to items of unclaimed funds each having a  297          

value of ten dollars or more, the report required under division   298          

(A)(1) of this section shall include:                              299          

      (a)  The full name, if known, and last known address, if     301          

any, of each person appearing from the records of the holder to    302          

be the owner of unclaimed funds under this chapter;                303          

      (b)  In the case of unclaimed funds reported by holders      305          

providing life insurance coverage, the full name of the insured    306          

or annuitant and beneficiary, if any, and their last known         307          

addresses according to such holder's records;                      308          

      (c)  The nature and identifying number, if any, or           310          

description of the funds and the amount appearing from the         311          

records to be due;                                                 312          

      (d)  The date when the funds became payable, demandable, or  314          

returnable and the date of the last transaction with the owner     315          

with respect to the funds except with respect to each item of      316          

unclaimed funds having a value of less than twenty-five dollars;   317          

      (e)  SUBJECT TO DIVISION (I) OF THIS SECTION, THE SOCIAL     319          

SECURITY NUMBER OF THE OWNER OF THE UNCLAIMED FUNDS, IF IT IS      320          

AVAILABLE;                                                                      

      (f)  Other information which the director prescribes as      322          

necessary for the administration of this chapter.                  323          

      (3)  With respect to items of unclaimed funds each having a  325          

                                                          9      

                                                                 
value of less than ten dollars, the report required under          326          

division (A)(1) of this section shall include:                     327          

      (a)  Each category of items of unclaimed funds as described  329          

in section 169.02 of the Revised Code;                             330          

      (b)  The number of items of unclaimed funds within each      332          

category;                                                          333          

      (c)  The aggregated value of the items of unclaimed funds    335          

within each category.                                              336          

      (B)  If the holder of unclaimed funds is a successor to      338          

other organizations that previously held the funds for the owner,  339          

or if the holder has changed its name while holding the funds, it  340          

shall file with the report all prior known names and addresses     341          

and date and state of incorporation or formation of each holder    342          

of the funds.                                                      343          

      (C)  The report shall be filed before the first day of       345          

November of each year as of the preceding thirtieth day of June,   346          

but the report of holders providing life insurance coverage shall  347          

be filed before the first day of May of each year as of the        348          

preceding thirty-first day of December.  The director may          349          

postpone, for good cause shown, the reporting date upon written    350          

request by any holder required to file a report.                   351          

      (D)  The holder of unclaimed funds under this chapter shall  353          

send notice to each owner of each item of unclaimed funds having   354          

a value of twenty-five dollars or more at the last known address   355          

of the owner as shown by the records of the holder before filing   356          

the annual report.  In case of holders providing life insurance    357          

coverage, such notice shall also be mailed to each beneficiary at  358          

the last known address of such beneficiary as shown by the         359          

records of such holder, except that such notice to beneficiaries   360          

shall not be mailed if such address is the same as that of the     361          

insured and the surname of the beneficiary is the same as that of  362          

the insured.  The holder shall not report an item of unclaimed     363          

funds earlier than the thirtieth day after the mailing of notice   364          

required by this division.                                         365          

                                                          10     

                                                                 
      Such notice shall set forth the nature and identifying       367          

number, if any, or description of the funds and the amount         368          

appearing on the records of the holder to be due the owner, and    369          

shall inform the owner that the funds will, thirty days after the  370          

mailing of such notice, be reported as unclaimed funds under this  371          

chapter.  A self-addressed, stamped envelope shall be included     372          

with the notice, with instructions that the owner may use such     373          

envelope to inform the holder of his THE OWNER'S continued         374          

interest in the funds and, if so informed before the date for      376          

making the report to the director, the holder shall not report     377          

said funds to the director.  The notice shall be mailed by first   378          

class mail.  If there is no address of record for the owner or     379          

other person entitled to the unclaimed funds, the holder is        380          

relieved of any responsibility of sending notice, attempting to    381          

notify, or notifying the owner.  The mailing of notice pursuant    382          

to this section shall discharge the holder from any further        383          

responsibility to give notice.                                     384          

      (E)  Verification of the report and of the mailing of        386          

notice, where required, shall be executed by an officer of the     387          

reporting holder.                                                  388          

      (F)  The director may at reasonable times and upon           390          

reasonable notice examine or cause to be examined, by auditors of  391          

supervisory departments or divisions of the state, the records of  392          

any holder to determine compliance with this chapter.  Holders     393          

shall retain records, designated by the director as applicable to  394          

unclaimed funds, for five years beyond the relevant time period    395          

provided in section 169.02 of the Revised Code, or until           396          

completion of an audit conducted pursuant to this division,        397          

whichever occurs first.                                            398          

      Records audited pursuant to this division are confidential,  400          

and shall not be disclosed except as required by section 169.06    401          

of the Revised Code or as the director considers necessary in the  402          

proper administration of this chapter.                             403          

      (G)  All holders shall make sufficient investigation of      405          

                                                          11     

                                                                 
their records to insure that the funds reported to the director    406          

are unclaimed as set forth in division (B) of section 169.01 and   407          

section 169.02 of the Revised Code.                                408          

      (H)  The expiration of any period of limitations on or       410          

after March 1, 1968, within which a person entitled to any         411          

moneys, rights to moneys, or intangible property could have        412          

commenced an action or proceeding to obtain the same shall not     413          

prevent such items from becoming unclaimed funds or relieve the    414          

holder thereof of any duty to report and give notice as provided   415          

in this section and deliver the same in the manner provided in     416          

section 169.05 of the Revised Code, provided that the holder may   417          

comply with the provisions of this section and section 169.05 of   418          

the Revised Code with respect to any moneys, rights to moneys, or  419          

intangible property as to which the applicable statute of          420          

limitations has run prior to March 1, 1968, and in such event the  421          

holder shall be entitled to the protective provisions of section   422          

169.07 of the Revised Code.                                        423          

      (I)  NO SOCIAL SECURITY NUMBER CONTAINED IN A REPORT MADE    425          

PURSUANT TO THIS SECTION SHALL BE USED FOR ANY PURPOSE OTHER THAN  426          

TO ANSWER A REQUEST MADE BY THE DIVISION OF CHILD SUPPORT IN THE   427          

DEPARTMENT OF HUMAN SERVICES MADE PURSUANT TO SECTION 5101.327 OF  428          

THE REVISED CODE.                                                               

      Sec. 169.08.  (A)  Any person claiming a property interest   437          

in unclaimed funds delivered or reported to the state under        438          

Chapter 169. of the Revised Code, INCLUDING THE DIVISION OF CHILD  439          

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES, PURSUANT TO SECTION   440          

5101.327 OF THE REVISED CODE, may file a claim thereto on the      441          

form prescribed by the director of commerce.                       442          

      (B)  The director shall consider matters relevant to any     444          

claim filed under division (A) of this section and shall hold a    445          

formal hearing if requested or considered necessary and receive    446          

evidence concerning such claim.  A finding and decision in         447          

writing on each claim filed shall be prepared, stating the         448          

substance of any evidence received or heard and the reasons for    449          

                                                          12     

                                                                 
allowance or disallowance of the claim.  The evidence and          450          

decision shall be a public record.  No statute of limitations      451          

shall bar the allowance of a claim.                                452          

      (C)  For the purpose of conducting any hearing, the          454          

director may require the attendance of such witnesses and the      455          

production of such books, records, and papers as he THE DIRECTOR   456          

desires, and he THE DIRECTOR may take the depositions of           458          

witnesses residing within or without this state in the same        460          

manner as is prescribed by law for the taking of depositions in    461          

civil actions in the court of common pleas, and for that purpose   462          

the director may issue a subpoena for any witness or a subpoena    463          

duces tecum to compel the production of any books, records, or     464          

papers, directed to the sheriff of the county where such witness   465          

resides or is found, which shall be served and returned.  The      466          

fees and mileage of the sheriff and witnesses shall be the same    467          

as that allowed in the court of common pleas in criminal cases.    468          

Fees and mileage shall be paid from the unclaimed funds trust      469          

fund.                                                                           

      (D)  Interest is not payable to claimants of unclaimed       471          

funds held by the state.  Claims shall be paid from the trust      472          

fund.  If the amount available in the trust fund is not            473          

sufficient to pay pending claims, or other amounts disbursable     474          

from the trust fund, the treasurer of state shall certify such     475          

fact to the director, who shall then withdraw such amount of       476          

funds from the mortgage accounts as he THE DIRECTOR determines     477          

necessary to reestablish the trust fund to a level required to     479          

pay anticipated claims but not more than ten per cent of the net   480          

unclaimed funds reported to date.                                  481          

      The director shall retain in the trust fund, as a fee for    483          

administering the funds, five per cent of the total amount of      484          

unclaimed funds payable to the claimant and may withdraw the       485          

funds paid to the director by the holders and deposited by the     486          

director with the treasurer of state or in a financial             487          

institution as agent for such funds.  Whenever these funds are     488          

                                                          13     

                                                                 
inadequate to meet the requirements for the trust fund, he THE     489          

DIRECTOR shall provide for a withdrawal of funds, within a         491          

reasonable time, in such amount as is necessary to meet the        492          

requirements, from financial institutions in which such funds      493          

were retained or placed by a holder and from other holders who     494          

have retained funds, substantially pro rata to the dollar amount   495          

of such funds held by each such holder.  In the event that the     496          

pro rata amount to be withdrawn from any one such holder is less   497          

than five hundred dollars, the amount to be withdrawn shall be at  498          

the discretion of the director.  Such funds may be reimbursed in   499          

the amounts withdrawn when the trust fund has a surplus over the   500          

amount required to pay anticipated claims.  Whenever the trust     501          

fund has a surplus over the amount required to pay anticipated     502          

claims, the director may transfer such surplus to the mortgage     503          

accounts.                                                          504          

      (E)  If a claim which is allowed under this section relates  506          

to funds which have been retained by the reporting holder, and if  507          

the funds, on deposit with the treasurer of state pursuant to      508          

this chapter, are insufficient to pay claims, the director may     509          

notify such holder in writing of the payment of the claim and      510          

such holder shall immediately reimburse the state in the amount    511          

of such claim.  The reimbursement shall be credited to the         512          

unclaimed funds trust fund.                                        513          

      (F)  Any person, INCLUDING THE DIVISION OF CHILD SUPPORT,    515          

adversely affected by a decision of the director may appeal such   517          

decision in the manner provided in Chapter 119. of the Revised     518          

Code.                                                                           

      In the event the claimant prevails, he THE CLAIMANT shall    520          

be reimbursed for reasonable attorney's fees and costs.            522          

      (G)  Notwithstanding anything to the contrary in this        524          

chapter, any holder who has paid moneys to or entered into an      525          

agreement with the director pursuant to section 169.05 of the      526          

Revised Code on certified checks, cashiers' checks, bills of       527          

exchange, letters of credit, drafts, money orders, or travelers'   528          

                                                          14     

                                                                 
checks, may make payment to any person entitled thereto,           529          

INCLUDING THE DIVISION OF CHILD SUPPORT, and upon surrender of     531          

the document, except in the case of travelers' checks, and proof   532          

of such payment, the director shall reimburse the holder for such  533          

payment without interest.                                                       

      Sec. 329.04.  The county department of human services shall  542          

have, exercise, and perform, under the control and direction of    543          

the board of county commissioners, the following powers and        544          

duties:                                                            545          

      (A)  To be the "county administration" for all purposes of   547          

Chapter 5107. of the Revised Code;                                 548          

      (B)(1)  To perform any duties assigned by the department of  550          

human services regarding the provision of public social services,  551          

including the provision of services authorized under Title IV-A    552          

and Title XX of the "Social Security Act," 49 Stat. 620 (1935),    553          

42 U.S.C. 301, as amended, to prevent or reduce economic or        554          

personal dependency and to strengthen family life, or, if the      555          

county department is designated as the child support enforcement   556          

agency under section 2301.35 of the Revised Code, to perform or    557          

contract with other government agencies to perform services        558          

authorized under Title IV-D of the "Social Security Act," 88       559          

Stat. 2351 (1975), 42 U.S.C. 651, as amended.                      560          

      (2)  The county department of human services shall, in the   562          

development of the county plan for the administration of public    563          

social services under Title XX of the "Social Security Act," 88    564          

Stat. 2337, 42 U.S.C. 1397, as amended, do both of the following:  565          

      (a)  Consider the comments and recommendations made during   567          

local public hearings held under section 329.07 of the Revised     568          

Code;                                                              569          

      (b)  Prepare a local needs report analyzing local need for   571          

Title XX services in compliance with the guidelines developed by   572          

the department of human services pursuant to section 5101.461 of   573          

the Revised Code.  The county department of human services shall   574          

consider the local needs report in the development of the county   575          

                                                          15     

                                                                 
Title XX plan.                                                     576          

      The plan shall list the services for which descriptions are  578          

established under division (D)(4) of section 5101.46 of the        579          

Revised Code that will be provided by the county with Title XX     580          

funds and the eligibility categories listed under divisions        581          

(E)(1), (2), and (3) of section 5101.46 of the Revised Code that   582          

will be provided with each of these services.                      583          

      (3)  The county department, upon approval of the             585          

comprehensive social services program plan by the general          586          

assembly under section 5101.461 of the Revised Code and prior to   587          

the effective date of the plan, shall take steps necessary to      588          

ensure the efficient administration of public social services      589          

under the plan, including the negotiation of contracts with        590          

providers of services and the performance of other duties          591          

assigned to it by the department of human services.                592          

      (C)  To administer disability assistance under Chapter       594          

5115. of the Revised Code as required by the state department of   596          

human services;                                                                 

      (D)  To administer burials insofar as the administration of  598          

burials was, prior to September 12, 1947, imposed upon the board;  599          

      (E)  To cooperate with state and federal authorities in any  601          

matter relating to human services and to act as the agent of such  602          

authorities;                                                       603          

      (F)  To submit an annual account of its work and expenses    605          

to the board and to the department of human services at the close  606          

of each fiscal year;                                               607          

      (G)  To exercise any powers and duties relating to human     609          

services imposed upon the county department of human services by   610          

law, by resolution of the board of county commissioners, or by     611          

order of the governor, when authorized by law, to meet             612          

emergencies during war or peace.  The board may designate the      613          

county department of human services to exercise and perform any    614          

additional human services powers and duties which the board has.   615          

      (H)  To determine the eligibility for medical assistance of  617          

                                                          16     

                                                                 
recipients of aid under Title XVI of the "Social Security Act,"    618          

49 Stat. 620 (1935), 42 U.S.C. 301, as amended;                    619          

      (I)  If the county department is designated as the child     621          

support enforcement agency under section 2301.35 of the Revised    622          

Code, to operate the agency in accordance with sections 2301.34    623          

to 2301.44 2301.46 of the Revised Code.                            624          

      Sec. 1336.07.  (A)  In an action for relief arising out of   633          

a transfer or an obligation that is fraudulent under section       634          

1336.04 or 1336.05 of the Revised Code, a creditor OR A CHILD      635          

SUPPORT ENFORCEMENT AGENCY ON BEHALF OF A SUPPORT CREDITOR,        636          

subject to the limitations in section 1336.08 of the Revised       637          

Code, may obtain one of the following:                             638          

      (1)  Avoidance of the transfer or obligation to the extent   640          

necessary to satisfy the claim of the creditor;                    641          

      (2)  An attachment or garnishment against the asset          643          

transferred or other property of the transferee in accordance      644          

with Chapters 2715. and 2716. of the Revised Code;                 645          

      (3)  Subject to the applicable principles of equity and in   647          

accordance with the Rules of Civil Procedure, any of the           648          

following:                                                         649          

      (a)  An injunction against further disposition by the        651          

debtor or a transferee, or both, of the asset transferred or of    652          

other property;                                                    653          

      (b)  Appointment of a receiver to take charge of the asset   655          

transferred or of other property of the transferee;                656          

      (c)  Any other relief that the circumstances may require.    658          

      (B)  If a creditor OR CHILD SUPPORT ENFORCEMENT AGENCY has   660          

obtained a judgment on a claim against the debtor, the creditor    662          

OR AGENCY, if the court so orders, may levy execution on the       663          

asset transferred or its proceeds in accordance with Chapter       664          

2329. of the Revised Code.                                                      

      Sec. 1336.08.  (A)  A transfer or an obligation is not       673          

fraudulent under division (A)(1) of section 1336.04 of the         674          

Revised Code against a person who took in good faith and for a     675          

                                                          17     

                                                                 
reasonably equivalent value or against any subsequent transferee   676          

or obligee.                                                        677          

      (B)(1)  Except as otherwise provided in this section, to     679          

the extent a transfer is voidable in an action by a creditor OR A  680          

CHILD SUPPORT ENFORCEMENT AGENCY under division (A)(1) of section  682          

1336.07 of the Revised Code, the creditor OR AGENCY may recover a  683          

judgment for the value of the asset transferred, as adjusted       684          

under division (B)(2) of this section, or the amount necessary to  685          

satisfy the claim of the creditor OR AGENCY, whichever is less.    686          

The judgment may be entered against either of the following:       687          

      (a)  The first transferee of the asset or the person for     689          

whose benefit the transfer was made;                               690          

      (b)  Any subsequent transferee other than a good faith       692          

transferee who took for value or from any subsequent transferee.   693          

      (2)  If the judgment under division (B)(1) of this section   695          

is based upon the value of the asset transferred, the judgment     696          

shall be in an amount equal to the value of the asset at the time  697          

of the transfer, subject to adjustment as the equities may         698          

require.                                                           699          

      (C)  Notwithstanding the voidability of a transfer or an     701          

obligation under division (A)(1) of section 1336.07 of the         702          

Revised Code, a good faith transferee or obligee is entitled, to   703          

the extent of the value given to the debtor for the transfer or    704          

obligation, to any of the following:                               705          

      (1)  A lien on or a right to retain any interest in the      707          

asset transferred;                                                 708          

      (2)  Enforcement of any obligation incurred;                 710          

      (3)  A reduction in the amount of the liability on the       712          

judgment.                                                          713          

      (D)  A transfer is not fraudulent under division (A)(2) of   715          

section 1336.04 or section 1336.05 of the Revised Code if the      716          

transfer results from either of the following:                     717          

      (1)  Termination of a lease upon default by the debtor when  719          

the termination is pursuant to the lease and applicable law;       720          

                                                          18     

                                                                 
      (2)  Enforcement of a security interest in compliance with   722          

section 1309.44 of the Revised Code.                               723          

      (E)  A transfer is not fraudulent under division (B) of      725          

section 1336.05 of the Revised Code as follows:                    726          

      (1)  To the extent the insider gave new value to or for the  728          

benefit of the debtor after the transfer was made, unless the new  729          

value was secured by a valid lien;                                 730          

      (2)  If made in the ordinary course of business or           732          

financial affairs of the debtor and the insider;                   733          

      (3)  If made pursuant to a good faith effort to              735          

rehabilitate the debtor and the transfer secured present value     736          

given for that purpose as well as an antecedent debt of the        737          

debtor.                                                            738          

      Sec. 1349.01.  (A)  As used in this section:                 747          

      (1)  "Consumer reporting agency" has the same meaning as in  749          

the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A.        750          

1681a.                                                             751          

      (2)  "Court" means the division of the court of common       753          

pleas having jurisdiction over actions for divorce, annulment,     754          

dissolution of marriage, legal separation, child support, or       755          

spousal support.                                                   756          

      (3)  "Health insurance coverage" means hospital, surgical,   758          

or medical expense coverage provided under any health insurance    759          

or health care policy, contract, or plan or any other health       760          

benefits arrangement.                                              761          

      (4)  "Provider" has the same meaning as in section 3901.38   763          

of the Revised Code.                                               764          

      (B)  If, pursuant to an action for divorce, annulment,       766          

dissolution of marriage, or legal separation, the court            767          

determines that a party who is a resident of this state is         768          

responsible for obtaining health insurance coverage for the        770          

party's former spouse or children or if, pursuant to a child       771          

support order issued under IN ACCORDANCE WITH section 3113.217 of  773          

the Revised Code, the court requires a party who is a resident of               

                                                          19     

                                                                 
this state to obtain health insurance coverage for the children    775          

who are the subject of the child support order, and the party      776          

fails to obtain such coverage, no provider or collection agency    777          

shall collect or attempt to collect from the former spouse,        778          

children, or person responsible for the children, any              779          

reimbursement of any hospital, surgical, or medical expenses       780          

incurred by the provider for services rendered to the former       781          

spouse or children, which expenses would have been covered but     782          

for the failure of the party to obtain the coverage, if the        783          

former spouse, any of the children, or a person responsible for    784          

the children, provides the following to the provider or                         

collection agency:                                                 785          

      (1)  A copy of the court order requiring the party to        787          

obtain health insurance coverage for the former spouse or          788          

children.                                                                       

      (2)  Reasonable assistance in locating the party and         790          

obtaining information about the party's health insurance           791          

coverage.                                                                       

      (C)  If the requirements of divisions (B)(1) and (2) of      794          

this section are not met, the provider or collection agency may    795          

collect the hospital, surgical, or medical expenses both from the  796          

former spouse or person responsible for the children and from the  797          

party who failed to obtain the coverage.  If the requirements of   798          

divisions (B)(1) and (2) are met, the provider or collection       799          

agency may collect or attempt to collect the expenses only from    800          

the party.                                                                      

      A party required to obtain health insurance coverage for a   802          

former spouse or children who fails to obtain the coverage is      803          

liable to the provider for the hospital, surgical, or medical      804          

expenses incurred by the provider as a result of the failure to    805          

obtain the coverage.  This section does not prohibit a former      806          

spouse or person responsible for the children from initiating an   807          

action to enforce the order requiring the party to obtain health   808          

insurance for the former spouse or children or to collect any      809          

                                                          20     

                                                                 
amounts the former spouse or person responsible for the children   810          

pays for hospital, surgical, or medical expenses for which the     811          

party is responsible under the order requiring the party to        812          

obtain health insurance for the former spouse or children.         813          

      (D)(1)  If the requirements of divisions (B)(1) and (2) of   815          

this section are met, both of the following restrictions shall     816          

apply:                                                                          

      (a)  No collection agency or provider of hospital,           818          

surgical, or medical services may report to a consumer reporting   819          

agency, for inclusion in the credit file or credit report of the   820          

former spouse or person responsible for the children, any          821          

information relative to the nonpayment of expenses for the         822          

services incurred by the provider, if the nonpayment is the        823          

result of the failure of the party responsible for obtaining       824          

health insurance coverage to obtain health insurance coverage.     825          

      (b)  No consumer reporting agency shall include in the       827          

credit file or credit report of the former spouse or person        828          

responsible for the children, any information relative to the      829          

nonpayment of any hospital, surgical, or medical expenses          830          

incurred by a provider as a result of the party's failure to                    

obtain the coverage.                                               831          

      (2)  If the requirements of divisions (B)(1) and (2) of      833          

this section are not met, both of the following provisions shall   834          

apply:                                                             835          

      (a)  A provider of hospital, surgical, or medical services,  837          

or a collection agency, may report to a consumer reporting         838          

agency, for inclusion in the credit file or credit report of the   839          

former spouse or person responsible for the children, any          840          

information relative to the nonpayment of expenses for the                      

services incurred by the provider, if the nonpayment is the        841          

result of the failure of the party responsible for obtaining       842          

health insurance coverage to obtain such coverage.                 843          

      (b)  A consumer reporting agency may include in the credit   845          

file or credit report of the former spouse or person responsible   846          

                                                          21     

                                                                 
for the children, any information relative to the nonpayment of    847          

any hospital, surgical, or medical expenses incurred by the        848          

provider, if the nonpayment is the result of the failure of the    849          

party responsible for obtaining health insurance coverage to                    

obtain such coverage.                                              850          

      (3)(a)  A provider of hospital, surgical, or medical         852          

services, or a collection agency, may report to a consumer         853          

reporting agency, for inclusion in the credit file or credit       854          

report of that party, any information relative to the nonpayment   855          

of expenses for the services incurred by the provider, if the                   

nonpayment is the result of the failure of the party responsible   856          

for obtaining health insurance coverage to obtain such coverage.   857          

      (b)  A consumer reporting agency may include in the credit   859          

file or credit report of the party responsible for obtaining       860          

health insurance coverage, any information relative to the         861          

nonpayment of any hospital, surgical, or medical expenses          862          

incurred by a provider, if the nonpayment is the result of the                  

failure of that party to obtain health insurance coverage.         863          

      (4)  If any information described in division (D)(2) of      865          

this section is placed in the credit file or credit report of the  866          

former spouse or person responsible for the children, the          867          

consumer reporting agency shall remove the information from the    868          

credit file and credit report if the former spouse or person                    

responsible for the children provides the agency with the          869          

information required in divisions (B)(1) and (2) of this section.  870          

If the agency fails to remove the information from the credit      871          

file or credit report pursuant to the terms of the "Fair Credit    872          

Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a, within a                        

reasonable time after receiving the information required by        873          

divisions (B)(1) and (2) of this section, the former spouse may    874          

initiate an action to require the agency to remove the             875          

information.                                                                    

      If any information described in division (D)(3) of this      877          

section is placed in the party's credit file or credit report,     878          

                                                          22     

                                                                 
the party has the burden of proving that the party is not          879          

responsible for obtaining the health insurance coverage or, if     880          

responsible, that the expenses incurred are not covered expenses.               

If the party meets that burden, the agency shall remove the        881          

information from the party's credit file and credit report         882          

immediately.  If the agency fails to remove the information from   883          

the credit file or credit report immediately after the party       884          

meets the burden, the party may initiate an action to require the               

agency to remove the information.                                  885          

      Sec. 1533.82.  (A)  On receipt of a notice pursuant to       894          

section 2301.373 of the Revised Code, the chief of the division    895          

of wildlife shall comply with that section with respect to a       898          

license or permit issued pursuant to section 1533.23, 1533.34,     899          

1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 1533.71, 1533.72,   900          

or 1533.81 of the Revised Code.                                                 

      (B)  ON RECEIPT OF A NOTICE PURSUANT TO SECTION 2301.375 OF  902          

THE REVISED CODE, THE CHIEF OF THE DIVISION OF WILDLIFE SHALL      903          

COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE, PERMIT, OR     904          

STAMP ISSUED PURSUANT TO SECTION 1533.10, 1533.11, 1533.111,       905          

1533.112, OR 1533.32 OF THE REVISED CODE.                                       

      Sec. 2151.23.  (A)  The juvenile court has exclusive         914          

original jurisdiction under the Revised Code as follows:           915          

      (1)  Concerning any child who on or about the date           917          

specified in the complaint is alleged to be a juvenile traffic     918          

offender or a delinquent, unruly, abused, neglected, or dependent  920          

child;                                                                          

      (2)  Subject to division (V) of section 2301.03 of the       922          

Revised Code, to determine the custody of any child not a ward of  923          

another court of this state;                                       924          

      (3)  To hear and determine any application for a writ of     926          

habeas corpus involving the custody of a child;                    927          

      (4)  To exercise the powers and jurisdiction given the       929          

probate division of the court of common pleas in Chapter 5122. of  931          

the Revised Code, if the court has probable cause to believe that  932          

                                                          23     

                                                                 
a child otherwise within the jurisdiction of the court is a                     

mentally ill person subject to hospitalization by court order, as  933          

defined in section 5122.01 of the Revised Code;                    934          

      (5)  To hear and determine all criminal cases charging       936          

adults with the violation of any section of this chapter;          937          

      (6)  To hear and determine all criminal cases in which an    939          

adult is charged with a violation of division (C) of section       940          

2919.21, division (B)(1) of section 2919.22, division (B) of       941          

section 2919.23, or section 2919.24 of the Revised Code, provided  942          

the charge is not included in an indictment that also charges the  943          

alleged adult offender with the commission of a felony arising     944          

out of the same actions that are the basis of the alleged          945          

violation of division (C) of section 2919.21, division (B)(1) of   946          

section 2919.22, division (B) of section 2919.23, or section       947          

2919.24 of the Revised Code;                                       948          

      (7)  Under the interstate compact on juveniles in section    950          

2151.56 of the Revised Code;                                       951          

      (8)  Concerning any child who is to be taken into custody    953          

pursuant to section 2151.31 of the Revised Code, upon being        954          

notified of the intent to take the child into custody and the      955          

reasons for taking the child into custody;                         956          

      (9)  To hear and determine requests for the extension of     958          

temporary custody agreements, and requests for court approval of   959          

permanent custody agreements, that are filed pursuant to section   960          

5103.15 of the Revised Code;                                       961          

      (10)  To hear and determine applications for consent to      963          

marry pursuant to section 3101.04 of the Revised Code;             964          

      (11)  Subject to division (V) of section 2301.03 of the      966          

Revised Code, to hear and determine a request for an order for     967          

the support of any child if the request is not ancillary to an     968          

action for divorce, dissolution of marriage, annulment, or legal   969          

separation, a criminal or civil action involving an allegation of  970          

domestic violence, or an action for support brought under Chapter  971          

3115. of the Revised Code;                                         972          

                                                          24     

                                                                 
      (12)  Concerning an action commenced under section 121.38    974          

of the Revised Code.                                               975          

      (B)  The juvenile court has original jurisdiction under the  977          

Revised Code:                                                      978          

      (1)  To hear and determine all cases of misdemeanors         980          

charging adults with any act or omission with respect to any       981          

child, which act or omission is a violation of any state law or    982          

any municipal ordinance;                                           983          

      (2)  To determine the paternity of any child alleged to      985          

have been born out of wedlock pursuant to sections 3111.01 to      986          

3111.19 of the Revised Code;                                       987          

      (3)  Under the uniform reciprocal enforcement of INTERSTATE  989          

FAMILY support act in Chapter 3115. of the Revised Code;           990          

      (4)  To hear and determine an application for an order for   992          

the support of any child, if the child is not a ward of another    993          

court of this state;                                               994          

      (5)  TO HEAR AND DETERMINE AN ACTION COMMENCED UNDER         996          

SECTION 5101.314 OF THE REVISED CODE.                                           

      (C)  The juvenile court, except as to juvenile courts that   998          

are a separate division of the court of common pleas or a          999          

separate and independent juvenile court, has jurisdiction to       1,000        

hear, determine, and make a record of any action for divorce or    1,001        

legal separation that involves the custody or care of children     1,002        

and that is filed in the court of common pleas and certified by    1,003        

the court of common pleas with all the papers filed in the action  1,004        

to the juvenile court for trial, provided that no certification    1,005        

of that nature shall be made to any juvenile court unless the      1,007        

consent of the juvenile judge first is obtained.  After a          1,008        

certification of that nature is made and consent is obtained, the  1,010        

juvenile court shall proceed as if the action originally had been  1,011        

begun in that court, except as to awards for spousal support or    1,012        

support due and unpaid at the time of certification, over which    1,013        

the juvenile court has no jurisdiction.                                         

      (D)  The juvenile court has jurisdiction to hear and         1,015        

                                                          25     

                                                                 
determine all matters as to custody and support of children duly   1,016        

certified by the court of common pleas to the juvenile court       1,017        

after a divorce decree has been granted, including jurisdiction    1,018        

to modify the judgment and decree of the court of common pleas as  1,019        

the same relate to the custody and support of children.            1,020        

      (E)  The juvenile court has jurisdiction to hear and         1,022        

determine the case of any child certified to the court by any      1,023        

court of competent jurisdiction if the child comes within the      1,024        

jurisdiction of the juvenile court as defined by this section.     1,025        

      (F)(1)  The juvenile court shall exercise its jurisdiction   1,027        

in child custody matters in accordance with sections 3109.04,      1,028        

3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code.    1,029        

      (2)  The juvenile court shall exercise its jurisdiction in   1,031        

child support matters in accordance with section 3109.05 of the    1,032        

Revised Code.                                                      1,033        

      (G)(1)  Each order for child support made or modified by a   1,035        

juvenile court on or after December 31, 1993, shall include as     1,036        

part of the order a general provision, as described in division    1,037        

(A)(1) of section 3113.21 of the Revised Code, requiring the       1,038        

withholding or deduction of wages INCOME or assets of the obligor  1,040        

under the order as described in division (D) of section 3113.21    1,041        

of the Revised Code, or another type of appropriate requirement    1,042        

as described in division (D)(6)(3), (D)(7)(4), or (H) of that      1,044        

section, to ensure that withholding or deduction from the wages    1,045        

INCOME or assets of the obligor is available from the              1,047        

commencement of the support order for collection of the support    1,048        

and of any arrearages that occur; a statement requiring all        1,049        

parties to the order to notify the child support enforcement       1,050        

agency in writing of their current mailing address, their current  1,051        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, AND         1,052        

CURRENT DRIVER'S LICENSE NUMBER, and any changes in either         1,054        

address TO THAT INFORMATION; and a notice that the requirement to  1,055        

notify the child support enforcement agency of all changes in      1,056        

either address TO THAT INFORMATION continues until further notice  1,057        

                                                          26     

                                                                 
from the court.  Any juvenile court that makes or modifies an      1,059        

order for child support on or after April 12, 1990, shall comply   1,060        

with sections 3113.21 to 3113.219 of the Revised Code.  If any     1,061        

person required to pay child support under an order made by a      1,062        

juvenile court on or after April 15, 1985, or modified on or       1,063        

after December 1, 1986, is found in contempt of court for failure  1,064        

to make support payments under the order, the court that makes     1,065        

the finding, in addition to any other penalty or remedy imposed,   1,066        

shall assess all court costs arising out of the contempt           1,067        

proceeding against the person and require the person to pay any    1,068        

reasonable attorney's fees of any adverse party, as determined by  1,069        

the court, that arose in relation to the act of contempt.          1,070        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    1,072        

if a juvenile court issues a child support order under this        1,073        

chapter, the order shall remain in effect beyond the child's       1,074        

eighteenth birthday as long as the child continuously attends on   1,075        

a full-time basis any recognized and accredited high school, THE   1,076        

CHILD HAS A DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION         1,077        

5123.01 OF THE REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY   1,080        

OF SUPPORT OF THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH    1,081        

BIRTHDAY.  EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL  1,082        

DISABILITY OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT          1,083        

CONTINUES FOR ANY PERIOD AFTER THE CHILD REACHES AGE NINETEEN,     1,084        

THE ORDER SHALL NOT REMAIN IN EFFECT AFTER THE CHILD REACHES AGE   1,085        

NINETEEN.  Any parent ordered to pay support under a child         1,086        

support order issued under this chapter shall continue to pay      1,087        

support under the order, including during seasonal vacation        1,088        

periods, until the order terminates.                               1,089        

      (H)  If a child who is charged with an act that would be an  1,091        

offense if committed by an adult was fourteen years of age or      1,092        

older and under eighteen years of age at the time of the alleged   1,093        

act and if the case is transferred for criminal prosecution        1,094        

pursuant to section 2151.26 of the Revised Code, the juvenile      1,096        

court does not have jurisdiction to hear or determine the case     1,097        

                                                          27     

                                                                 
subsequent to the transfer.  The court to which the case is        1,098        

transferred for criminal prosecution pursuant to that section has  1,099        

jurisdiction subsequent to the transfer to hear and determine the  1,100        

case in the same manner as if the case originally had been         1,101        

commenced in that court, including, but not limited to,                         

jurisdiction to accept a plea of guilty or another plea            1,102        

authorized by Criminal Rule 11 or another section of the Revised   1,104        

Code and jurisdiction to accept a verdict and to enter a judgment  1,105        

of conviction pursuant to the Rules of Criminal Procedure against  1,106        

the child for the commission of the offense that was the basis of  1,107        

the transfer of the case for criminal prosecution, whether the     1,108        

conviction is for the same degree or a lesser degree of the        1,109        

offense charged, for the commission of a lesser-included offense,  1,110        

or for the commission of another offense that is different from    1,111        

the offense charged.                                               1,112        

      (I)  If a person under eighteen years of age allegedly       1,115        

commits an act that would be a felony if committed by an adult     1,116        

and if the person is not taken into custody or apprehended for                  

that act until after the person attains twenty-one years of age,   1,117        

the juvenile court does not have jurisdiction to hear or           1,118        

determine any portion of the case charging the person with         1,119        

committing that act.  In those circumstances, divisions (B) and    1,120        

(C) of section 2151.26 of the Revised Code do not apply regarding  1,121        

the act, the case charging the person with committing the act      1,122        

shall be a criminal prosecution commenced and heard in the         1,123        

appropriate court having jurisdiction of the offense as if the     1,124        

person had been eighteen years of age or older when the person     1,125        

committed the act, all proceedings pertaining to the act shall be               

within the jurisdiction of the court having jurisdiction of the    1,126        

offense, and the court having jurisdiction of the offense has all  1,127        

the authority and duties in the case as it has in other criminal   1,128        

cases commenced in that court.                                                  

      Sec. 2151.231.  The parent, guardian, or custodian of a      1,137        

child, the person with whom a child resides, or the child support  1,138        

                                                          28     

                                                                 
enforcement agency of the county in which the child, parent,       1,139        

guardian, or custodian of the child resides may bring an action    1,141        

in a juvenile court under this section requesting the court to                  

issue an order requiring a parent of the child to pay an amount    1,142        

for the support of the child without regard to the marital status  1,143        

of the child's parents.                                                         

      The parties to an action under this section may raise the    1,145        

issue of the existence or nonexistence of a parent-child           1,146        

relationship, unless a final and enforceable determination of the  1,147        

issue has been made with respect to the parties pursuant to        1,148        

Chapter 3111. of the Revised Code OR AN ACKNOWLEDGMENT OF          1,149        

PATERNITY SIGNED BY THE CHILD'S PARENTS HAS BECOME FINAL PURSUANT               

TO SECTION 2151.232, 3111.211, OR 5101.314 OF THE REVISED CODE.    1,150        

If a complaint is filed under this section and an issue            1,152        

concerning the existence or nonexistence of a parent-child         1,153        

relationship is raised, the court shall treat the action as an                  

action pursuant to sections 3111.01 to 3111.19 of the Revised      1,154        

Code.  An order issued in an action under this section does not    1,156        

preclude a party to the action from bringing a subsequent action   1,158        

pursuant to sections 3111.01 to 3111.19 of the Revised Code if     1,160        

the issue concerning the existence or nonexistence of the          1,161        

parent-child relationship was not determined with respect to the   1,162        

party PURSUANT TO A PROCEEDING UNDER THIS SECTION, A PROCEEDING    1,163        

UNDER CHAPTER 3111. OF THE REVISED CODE, OR AN ACKNOWLEDGMENT OF   1,164        

PATERNITY THAT HAS BECOME FINAL UNDER SECTION 2151.232, 3111.211,  1,165        

OR 5101.314 OF THE REVISED CODE.  An order issued pursuant to      1,166        

this section shall remain effective until an order is issued       1,167        

pursuant to sections 3111.01 to 3111.19 of the Revised Code that   1,168        

a parent-child relationship does not exist between the alleged     1,170        

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    1,172        

Revised Code that would require the order to terminate.                         

      THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE        1,174        

REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS  1,175        

                                                          29     

                                                                 
SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE    1,176        

FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE  1,177        

COURT.                                                                          

      Sec. 2151.232.  IF AN ACKNOWLEDGMENT HAS BEEN FILED AND      1,179        

ENTERED INTO THE BIRTH REGISTRY PURSUANT TO SECTION 5101.314 OF    1,180        

THE REVISED CODE BUT HAS NOT YET BECOME FINAL, EITHER PARENT WHO   1,182        

SIGNED THE ACKNOWLEDGMENT MAY BRING AN ACTION IN THE JUVENILE      1,183        

COURT UNDER THIS SECTION REQUESTING THAT THE COURT ISSUE AN ORDER  1,184        

REQUIRING A PARENT OF THE CHILD TO PAY AN AMOUNT FOR THE SUPPORT   1,185        

OF THE CHILD IN ACCORDANCE WITH SECTIONS 3113.21 TO 3113.219 OF                 

THE REVISED CODE.                                                               

      THE PARTIES TO AN ACTION UNDER THIS SECTION MAY RAISE THE    1,187        

ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT-CHILD           1,188        

RELATIONSHIP.  IF AN ACTION IS COMMENCED PURSUANT TO THIS SECTION  1,189        

AND THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT-CHILD   1,190        

RELATIONSHIP IS RAISED, THE COURT SHALL TREAT THE ACTION AS AN     1,191        

ACTION COMMENCED PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE    1,193        

REVISED CODE.  IF THE ISSUE IS RAISED, THE COURT SHALL PROMPTLY    1,194        

NOTIFY THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN    1,195        

SERVICES THAT IT IS CONDUCTING PROCEEDINGS IN COMPLIANCE WITH      1,196        

SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE.  ON RECEIPT OF    1,198        

THE NOTICE BY THE DIVISION, THE ACKNOWLEDGMENT OF PATERNITY                     

SIGNED BY THE PARTIES AND FILED PURSUANT TO SECTION 5101.314 OF    1,199        

THE REVISED CODE SHALL BE CONSIDERED RESCINDED.                    1,200        

      IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR    1,202        

NONEXISTENCE OF A PARENT-CHILD RELATIONSHIP IN THE ACTION AND AN   1,203        

ORDER IS ISSUED PURSUANT TO THIS SECTION PRIOR TO THE DATE THE     1,204        

ACKNOWLEDGMENT FILED AND ENTERED ON THE BIRTH REGISTRY UNDER       1,205        

SECTION 5101.314 OF THE REVISED CODE BECOMES FINAL, THE            1,207        

ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF THE DATE OF THE     1,208        

ISSUANCE OF THE ORDER.  AN ORDER ISSUED PURSUANT TO THIS SECTION                

SHALL NOT AFFECT AN ACKNOWLEDGMENT THAT BECOMES FINAL PURSUANT TO  1,209        

SECTION 5101.314 OF THE REVISED CODE PRIOR TO THE ISSUANCE OF THE  1,212        

ORDER.                                                                          

                                                          30     

                                                                 
      Sec. 2151.33.  (A)  Pending hearing of a complaint filed     1,221        

under section 2151.27 of the Revised Code or a motion filed or     1,222        

made under division (B) of this section and the service of         1,223        

citations, the juvenile court may make any temporary disposition   1,224        

of any child that it considers necessary to protect the best       1,225        

interest of the child and that can be made pursuant to division    1,226        

(B) of this section.  Upon the certificate of one or more          1,227        

reputable practicing physicians, the court may summarily provide   1,228        

for emergency medical and surgical treatment that appears to be    1,229        

immediately necessary to preserve the health and well-being of     1,230        

any child concerning whom a complaint or an application for care   1,231        

has been filed, pending the service of a citation upon the         1,232        

child's parents, guardian, or custodian.  The court may order the  1,233        

parents, guardian, or custodian, if the court finds the parents,   1,234        

guardian, or custodian able to do so, to reimburse the court for   1,235        

the expense involved in providing the emergency medical or         1,236        

surgical treatment.  Any person who disobeys the order for         1,237        

reimbursement may be adjudged in contempt of court and punished    1,238        

accordingly.                                                       1,239        

      If the emergency medical or surgical treatment is furnished  1,241        

to a child who is found at the hearing to be a nonresident of the  1,242        

county in which the court is located and if the expense of the     1,243        

medical or surgical treatment cannot be recovered from the         1,244        

parents, legal guardian, or custodian of the child, the board of   1,245        

county commissioners of the county in which the child has a legal  1,246        

settlement shall reimburse the court for the reasonable cost of    1,247        

the emergency medical or surgical treatment out of its general     1,248        

fund.                                                              1,249        

      (B)(1)  After a complaint, petition, writ, or other          1,251        

document initiating a case dealing with an alleged or adjudicated  1,252        

abused, neglected, or dependent child is filed and upon the        1,253        

filing or making of a motion pursuant to division (C) of this      1,254        

section, the court, prior to the final disposition of the case,    1,255        

may issue any of the following temporary orders to protect the     1,256        

                                                          31     

                                                                 
best interest of the child:                                        1,257        

      (a)  An order granting temporary custody of the child to a   1,259        

particular party;                                                  1,260        

      (b)  An order for the taking of the child into custody       1,262        

pursuant to section 2151.31 of the Revised Code pending the        1,263        

outcome of the adjudicatory and dispositional hearings;            1,264        

      (c)  An order granting, limiting, or eliminating visitation  1,266        

rights with respect to the child;                                  1,267        

      (d)  An order requiring a party to vacate a residence that   1,270        

will be lawfully occupied by the child;                            1,271        

      (e)  An order requiring a party to attend an appropriate     1,273        

counseling program that is reasonably available to that party;     1,274        

      (f)  Any other order that restrains or otherwise controls    1,276        

the conduct of any party which conduct would not be in the best    1,277        

interest of the child.                                             1,278        

      (2)  Prior to the final disposition of a case subject to     1,280        

division (B)(1) of this section, the court shall do both of the    1,281        

following:                                                                      

      (a)  Issue an order pursuant to sections 3113.21 to          1,283        

3113.219 of the Revised Code requiring the parents, guardian, or   1,284        

person charged with the child's support to pay support for the     1,286        

child.                                                                          

      (b)  Issue an order requiring the parents, guardian, or      1,288        

person charged with the child's support to continue to maintain    1,289        

any health insurance coverage for the child that existed at the    1,290        

time of the filing of the complaint, petition, writ, or other      1,291        

document, or to obtain health insurance coverage pursuant to IN    1,292        

ACCORDANCE WITH section 3113.217 of the Revised Code.              1,294        

      (C)(1)  A court may issue an order pursuant to division (B)  1,296        

of this section upon its own motion or if a party files a written  1,298        

motion or makes an oral motion requesting the issuance of the      1,299        

order and stating the reasons for it.  Any notice sent by the      1,300        

court as a result of a motion pursuant to this division shall      1,301        

contain a notice that any party to a juvenile proceeding has the   1,302        

                                                          32     

                                                                 
right to be represented by counsel and to have appointed counsel   1,304        

if the person is indigent.                                                      

      (2)  If a child is taken into custody pursuant to section    1,306        

2151.31 of the Revised Code and placed in shelter care, the        1,307        

public children services agency or private child placing agency    1,308        

with which the child is placed in shelter care shall file or make  1,309        

a motion as described in division (C)(1) of this section before    1,310        

the end of the next day immediately after the date on which the    1,312        

child was taken into custody and, at a minimum, shall request an   1,313        

order for temporary custody under division (B)(1)(a) of this       1,314        

section.                                                                        

      (3)  Any court that issues an order pursuant to division     1,316        

(B)(1)(b) of this section shall make the determination and issue   1,318        

the written finding of facts required by section 2151.419 of the                

Revised Code.                                                      1,319        

      (D)  The court may grant an ex parte order upon its own      1,322        

motion or a motion filed or made pursuant to division (C) of this  1,323        

section requesting such an order if it appears to the court that   1,325        

the best interest and the welfare of the child require that the    1,326        

court issue the order immediately.  The court, if acting on its    1,327        

own motion, or the person requesting the granting of an ex parte   1,328        

order, to the extent possible, shall give notice of its intent or  1,329        

of the request to the parents, guardian, or custodian of the       1,330        

child who is the subject of the request.  If the court issues an   1,331        

ex parte order, the court shall hold a hearing to review the       1,332        

order within seventy-two hours after it is issued or before the    1,333        

end of the next day after the day on which it is issued,           1,334        

whichever occurs first.  The court shall give written notice of    1,335        

the hearing to all parties to the action and shall appoint a       1,336        

guardian ad litem for the child prior to the hearing.              1,337        

      The written notice shall be given by all means that are      1,339        

reasonably likely to result in the party receiving actual notice   1,340        

and shall include all of the following:                            1,341        

      (1)  The date, time, and location of the hearing;            1,343        

                                                          33     

                                                                 
      (2)  The issues to be addressed at the hearing;              1,345        

      (3)  A statement that every party to the hearing has a       1,347        

right to counsel and to court appointed counsel, if the party is   1,348        

indigent;                                                          1,349        

      (4)  The name, telephone number, and address of the person   1,351        

requesting the order;                                              1,352        

      (5)  A copy of the order, except when it is not possible to  1,354        

obtain it because of the exigent circumstances in the case.        1,355        

      If the court does not grant an ex parte order pursuant to a  1,357        

motion filed or made pursuant to division (C) of this section or   1,359        

its own motion, the court shall hold a shelter care hearing on     1,360        

the motion within ten days after the motion is filed.  The court   1,361        

shall give notice of the hearing to all affected parties in the    1,362        

same manner as set forth in the Juvenile Rules.                                 

      (E)  The court, pending the outcome of the adjudicatory and  1,364        

dispositional hearings, shall not issue an order granting          1,365        

temporary custody of a child to a public children services agency  1,366        

or private child placing agency pursuant to this section, unless   1,367        

the court determines and specifically states in the order that     1,368        

the continued residence of the child in the child's current home   1,369        

will be contrary to the child's best interest and welfare and      1,370        

makes the determination and issues the written finding of facts    1,371        

required by section 2151.419 of the Revised Code.                  1,372        

      (F)  Each public children services agency and private child  1,374        

placing agency that receives temporary custody of a child          1,375        

pursuant to this section shall maintain in the child's case        1,376        

record written documentation that it has placed the child, to the  1,377        

extent that it is consistent with the best interest, welfare, and  1,378        

special needs of the child, in the most family-like setting        1,379        

available and in close proximity to the home of the parents,       1,380        

custodian, or guardian of the child.                               1,381        

      (G)  For good cause shown, any court order that is issued    1,383        

pursuant to this section may be reviewed by the court at any time  1,384        

upon motion of any party to the action or upon the motion of the   1,385        

                                                          34     

                                                                 
court.                                                             1,386        

      Sec. 2151.49.  In every case of conviction under sections    1,395        

2151.01 to 2151.54 of the Revised Code, where imprisonment is      1,396        

imposed as part of the punishment, the juvenile judge may suspend  1,397        

sentence, before or during commitment, upon such condition as he   1,398        

THE JUVENILE JUDGE imposes.  In the case of conviction for         1,399        

non-support of a child who is receiving aid under Chapter 5107.    1,400        

or 5115. of the Revised Code, if the juvenile judge suspends       1,401        

sentence on condition that the person make payments for support,   1,402        

the payment shall be made to the county department of human        1,403        

services rather than to the child or custodian of the child.                    

      THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE        1,405        

REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS  1,406        

SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE    1,407        

FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE  1,408        

COURT.                                                                          

      Sec. 2301.34.  As used in sections 2301.34 to 2301.42        1,417        

2301.46 of the Revised Code:                                       1,418        

      (A)  "Default" means any failure to pay under a support      1,420        

order that is an amount greater than or equal to the amount of     1,421        

support payable under the support order for one month.             1,422        

      (B)  "Support order" means an order of a court requiring     1,424        

payments PAYMENT OF SUPPORT ISSUED pursuant to section 2151.23,    1,426        

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   1,427        

3109.05, 3109.19, 3111.13, 3111.20, 3111.21 3111.211, 3111.22,     1,428        

3113.04, 3113.07, 3113.31, or 3115.22 3115.31 of the Revised       1,429        

Code.                                                              1,430        

      (C)  "Obligor" and "obligee" have the same meaning as in     1,432        

section 3113.21 of the Revised Code.                               1,433        

      Sec. 2301.35.  (A)  The board of county commissioners in     1,444        

each county, by resolution, shall designate one of the following   1,446        

as the child support enforcement agency for the county:  the       1,447        

county department of human services, the office of the             1,448        

prosecuting attorney, a bureau within the court of common pleas,   1,449        

                                                          35     

                                                                 
or a separate agency under the direct control of the board and     1,450        

administered by an official appointed by the board.  The board     1,451        

shall enter into a contract with the designated entity as          1,452        

required by division (B) of this section.  If, on or before        1,453        

December 31, 1987, the board does not designate and enter into a   1,454        

contract with an entity to be the county's child support           1,455        

enforcement agency, the county department of human services is     1,456        

hereby designated as the child support enforcement agency for the  1,457        

county.                                                                         

      (B)(1)  Each board of county commissioners shall enter into  1,460        

a contract with the child support enforcement agency for the       1,461        

county served by the board, as designated under division (A) of    1,462        

this section.  The contract shall specify the services the agency  1,463        

is to provide and may contain other provisions relating to the     1,464        

operation of the agency. The form and terms of the contract shall  1,465        

be consistent with the rules adopted by the state department of    1,466        

human services under division (D) of this section.  The board      1,467        

thereafter, by resolution, may change its designation of the       1,468        

child support enforcement agency after providing at least sixty    1,469        

days' notice to the state department of human services and         1,470        

publishing notice of intent to change the designation in a         1,471        

newspaper of general circulation within the county at least sixty  1,472        

days before the change takes effect.  The board shall enter into   1,473        

a contract under this division with any child support enforcement  1,474        

agency it designates under this section.                           1,475        

      (2)(a)  If a board of county commissioners, by resolution,   1,477        

changes its designation of the child support enforcement agency    1,478        

by designating a new department, office, bureau, or agency as the  1,479        

designated child support enforcement agency for the county, the    1,480        

board, notwithstanding any other section of the Revised Code,      1,481        

shall adopt a resolution stating that any employees of the         1,482        

previously designated child support enforcement agency for that    1,483        

county who also are employees of the newly designated child        1,484        

support enforcement agency for that county and who are not         1,485        

                                                          36     

                                                                 
otherwise covered by a collective bargaining agreement shall be    1,486        

treated as transfers to the newly designated agency.  The board    1,487        

of county commissioners shall state all of the following in the    1,488        

resolution:                                                        1,489        

      (i)  That the conditions of employment, compensation, and    1,491        

benefits of the transferred employees shall be consistent with     1,492        

the conditions of employment, compensation, and benefits of the    1,493        

other employees of the department, office, bureau, or agency that  1,494        

is the newly designated child support enforcement agency for that  1,495        

county;                                                            1,496        

      (ii)  That the transferred employees of the previously       1,498        

designated child support enforcement agency who become employees   1,499        

of the newly designated child support enforcement agency shall     1,500        

retain any rights they have as to classification status and        1,501        

benefits;                                                          1,502        

      (iii)  That those transferred employees may transfer         1,504        

vacation leave, sick leave, and other earned benefits that they    1,505        

earned while employed at the previously designated child support   1,506        

enforcement agency to the newly designated child support           1,507        

enforcement agency or that they may be paid for the earned         1,508        

benefits;                                                          1,509        

      (iv)  That, if the action taken by the board of county       1,511        

commissioners in the resolution transferring the employees to the  1,512        

newly designated child support enforcement agency results in a     1,513        

reduction in pay for the employees, the reduction in pay shall     1,514        

not be considered a reduction in pay pursuant to section 124.34    1,515        

of the Revised Code;                                               1,516        

      (v)  That the parties to the collective bargaining           1,518        

agreement shall agree to include any comparable classified         1,519        

employee into the existing bargaining unit for the newly           1,520        

designated child support enforcement agency.                       1,521        

      (b)  The employees of a previously designated child support  1,523        

enforcement agency who also are employees of the newly designated  1,524        

child support enforcement agency for that county and who are       1,525        

                                                          37     

                                                                 
covered by a collective bargaining agreement shall continue to be  1,526        

covered by that agreement until the agreement expires or is        1,527        

renegotiated.  The parties to the collective bargaining agreement  1,528        

shall agree to include any comparable classified employee in the   1,529        

existing bargaining unit for the newly designated child support    1,530        

enforcement agency at any time the transferred employee is not     1,531        

otherwise covered by a collective bargaining agreement.            1,532        

      (C)  The child support enforcement agency for a county is    1,534        

the local Title IV-D agency for the county and shall operate a     1,535        

program for support enforcement in the county, which program       1,536        

shall comply with Title IV-D of the "Social Security Act," 88      1,537        

Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted    1,538        

pursuant to that title, and sections 2151.23, 2151.231, 2151.232,  1,540        

2151.33, 2301.34 to 2301.42 2301.46, 3105.18, 3105.21, 3109.05,    1,541        

3109.19, 3111.13, 3111.20, 3111.21 3111.211, 3111.22, 3113.04,     1,543        

3113.21 to 3113.219, 3113.31, and 3115.22 3115.31 of the Revised   1,544        

Code.  Each child support enforcement agency shall be operated     1,546        

under the supervision of the state department of human services    1,547        

in accordance with the program of child support enforcement        1,548        

established pursuant to section 5101.31 of the Revised Code,       1,549        

shall be responsible in the county it serves for the collection    1,550        

ENFORCEMENT of payments due under support orders, and shall        1,552        

perform all administrative duties related to the collection        1,553        

ENFORCEMENT of payments due under any support order.  EXCEPT AS    1,554        

PROVIDED IN DIVISION (I) OF THIS SECTION AND PURSUANT TO SECTIONS  1,555        

2301.38 AND 2301.45 OF THE REVISED CODE, NO CHILD SUPPORT                       

ENFORCEMENT AGENCY SHALL COLLECT ANY SUPPORT AMOUNTS DUE UNDER A   1,558        

SUPPORT ORDER AS PART OF ITS DUTIES TO ENFORCE SUPPORT ORDERS.     1,559        

No child support enforcement agency shall use any social security  1,560        

number made available to it under section 3705.07 of the Revised   1,561        

Code for any purpose other than child support enforcement.  The    1,562        

department shall ensure that all child support enforcement         1,563        

agencies comply with all applicable state and federal support      1,564        

regulations, including the affirmative duties of Title IV-D of     1,565        

                                                          38     

                                                                 
the Social Security Act.                                           1,566        

      Each child support enforcement agency may enter into         1,568        

contracts with public agencies and private vendors for the         1,569        

collection of amounts due under support orders, for assistance in  1,570        

establishing paternity or support obligations, or for the          1,571        

performance of other administrative duties of the agency.  Each    1,572        

child support enforcement agency may contract with a collection    1,573        

agent in accordance with section 2301.42 of the Revised Code for   1,575        

the collection of arrearages described in that section OWED UNDER  1,577        

CHILD SUPPORT ORDERS BEING ADMINISTERED BY THE AGENCY.  Before     1,578        

entering into a contract for the collection of support,            1,579        

assistance in establishing paternity or support obligations, or    1,580        

for other administrative services, OR FOR THE COLLECTION OF        1,581        

ARREARAGES BY A COLLECTION AGENT, a child support enforcement      1,582        

agency shall comply with sections 307.86 to 307.92 of the Revised  1,583        

Code and any rules adopted by the state department of human        1,584        

services pursuant to division (D)(1) of this section.              1,585        

      (D)(1)  The state department of human services shall adopt   1,588        

rules under Chapter 119. of the Revised Code governing the         1,589        

operation of support enforcement by child support enforcement      1,590        

agencies.  The rules shall include, but shall not be limited to,   1,591        

provisions relating to contracts between the agencies and boards   1,592        

of county commissioners entered into under division (B) of this    1,593        

section, requirements for public hearings by the agencies, and     1,594        

provisions for appeals of agency decisions under procedures        1,595        

established by the department.                                                  

      (2)  The state department of human services shall adopt in   1,598        

accordance with Chapter 119. of the Revised Code rules governing   1,599        

the establishment by child support enforcement agencies of         1,600        

on-site genetic testing programs to be used in actions under       1,601        

sections 3111.01 to 3111.19 of the Revised Code and in             1,602        

administrative procedures under sections 3111.20 to 3111.29 of     1,603        

the Revised Code.  The rules shall include, but are not limited    1,604        

to, provisions relating to the environment in which a blood or     1,605        

                                                          39     

                                                                 
buccal cell sample may be drawn, the medical personnel who may                  

draw a sample, the trained personnel who may perform the genetic   1,606        

comparison, the types of genetic testing that may be performed on  1,607        

a sample, and the procedure for notifying the court of the         1,608        

location at which the sample will be drawn, who will draw the      1,610        

sample, and who will perform the genetic testing on the sample,    1,611        

and any other procedures or standards the department determines    1,612        

are necessary for the implementation of on-site genetic testing.   1,613        

      (E)(1)  The state department of human services shall adopt,  1,616        

under Chapter 119. of the Revised Code, support enforcement        1,617        

performance standards and rules establishing financial sanctions   1,618        

for counties that fail to comply with the standards and shall      1,619        

make the standards and rules available to the public, boards of    1,620        

county commissioners, and child support enforcement agencies.      1,621        

The department shall determine the degree to which each child      1,622        

support enforcement agency is complying with the standards.  If    1,623        

the department finds any child support enforcement agency to be    1,624        

substantially out of compliance with the standards, it shall       1,625        

require the agency and the board of county commissioners of the    1,626        

county served by the agency to prepare a plan to bring the agency  1,627        

into compliance with the standards.  The plan may include a        1,628        

change in the designation of the child support enforcement         1,629        

agency.  If the plan does not result in compliance with the        1,630        

standards, the department shall impose a financial sanction upon   1,631        

the county.  The board of county commissioners shall make a        1,632        

separate appropriation for the child support enforcement agency    1,633        

in the amount of the sanction and transfer that amount to the      1,634        

agency.  The child support enforcement agency shall not pay any    1,635        

part of the sanction, and the board of county commissioners shall  1,636        

not decrease county funding for the agency because of the          1,637        

sanction.  If the board of county commissioners fails to make the  1,638        

full appropriation and transfer as required by this division, the  1,639        

department shall certify to the tax commissioner the amount of     1,640        

the sanction.  The tax commissioner shall deduct that amount from  1,641        

                                                          40     

                                                                 
the local government fund distribution to which the county itself  1,642        

would otherwise be entitled and remit the amount directly to the   1,643        

child support enforcement agency to be deposited by the agency     1,644        

into a separate account to be used solely for support enforcement  1,645        

purposes.  If the department subsequently determines that the      1,646        

agency has attained substantial compliance with the standards and  1,647        

that the county has appropriated sufficient funds for the agency   1,648        

to maintain its budget at the level necessary to continue to be    1,649        

in substantial compliance, the department shall certify its        1,650        

determination to the tax commissioner, and the tax commissioner    1,651        

shall resume remitting to the county the entire amount of the      1,652        

local government fund distribution.  The board of county           1,653        

commissioners may appeal a financial sanction under Chapter 119.   1,654        

of the Revised Code.                                               1,655        

      (2)  The state department of human services shall adopt,     1,657        

under Chapter 119. of the Revised Code, rules requiring each       1,658        

child support enforcement agency to complete within designated     1,659        

periods of time specified percentages of parentage cases in which  1,660        

the agency or the mother of a child is attempting to establish a   1,661        

parent and child relationship between the child and the father of  1,662        

the child and rules establishing financial sanctions for counties  1,663        

that fail to comply with the requirements.  The department shall   1,664        

make copies of the rules available upon request to the public,     1,665        

boards of county commissioners, and child support enforcement      1,666        

agencies.  The department shall determine the degree to which      1,667        

each child support enforcement agency is complying with the        1,668        

requirements.  If the department finds any child support           1,669        

enforcement agency to be substantially out of compliance with the  1,670        

requirements, it shall require the agency and the board of county  1,671        

commissioners of the county served by the agency to prepare a      1,672        

plan to bring the agency into compliance with the requirements     1,673        

and to submit the plan to the department.  The plan may include a  1,674        

change in the designation of the child support enforcement         1,675        

agency.  If the plan does not result in compliance with the        1,676        

                                                          41     

                                                                 
requirements, the department shall impose a financial sanction     1,677        

upon the county.  If a financial sanction is imposed upon a        1,678        

county, the board of county commissioners may appeal the sanction  1,679        

under Chapter 119. of the Revised Code.                            1,680        

      (F)  Each child support enforcement agency designated under  1,682        

this section shall enter into written agreements with the courts,  1,683        

the prosecuting attorney, and law enforcement officials of the     1,684        

county it serves, which agreements shall establish cooperative     1,685        

working arrangements and specify areas of responsibility for the   1,686        

enforcement of support among the agency, courts, and officials.    1,687        

The agreements shall provide for the reimbursement of the courts   1,688        

and law enforcement officials for the responsibilities they        1,689        

assume and actions they undertake pursuant to such agreements.     1,690        

      (G)(1)  Every A child support enforcement agency shall       1,692        

maintain records listing the date a support order was entered,     1,693        

the amount of any payment made under it, the date on which         1,694        

payments are required to be made, the names and addresses of the   1,695        

parties affected by the order, and the current records of          1,696        

payments and disbursements OF SUPPORT ORDERS BEING ADMINISTERED    1,697        

OR OTHERWISE HANDLED BY THE AGENCY PURSUANT TO SECTION 5101.319    1,698        

OF THE REVISED CODE.                                                            

      (2)  Each obligor and each obligee under a support order     1,700        

may review all records maintained under division (G)(1) of this    1,701        

section that pertain to the support order and any other            1,702        

information in any file maintained by the child support            1,703        

enforcement agency, except to the extent prohibited by state or    1,704        

federal law.                                                       1,705        

      (H)(1)  If a A court or administrative agency THAT issues    1,707        

or modifies a support order on or after October 5, 1987,           1,709        

regardless of when the modified support order was issued, the      1,710        

child support enforcement agency of the county shall collect       1,711        

IMPOSE A PROCESSING CHARGE THAT IS the greater of two per cent of  1,713        

the support payment to be collected under a support order or one   1,714        

dollar per month from ON the obligor under the support order.      1,716        

                                                          42     

                                                                 
The child support enforcement agency and the court shall enter     1,717        

into an agreement that provides for the application by December    1,718        

31, 1988, of that amount to all support orders issued prior to     1,719        

October 5, 1987, unless the date for the application of that       1,720        

amount to those orders is extended by mutual agreement between     1,721        

the child support enforcement agency and the court.  The obligor   1,722        

shall pay the amount with every current support payment, and with  1,723        

every payment on arrearages.  If an obligor fails to pay the       1,724        

required amount with each support payment due in increments                     

specified under the support order, the child support enforcement   1,725        

agency shall maintain a separate arrearage account of that amount  1,726        

for that obligor.  The agency shall not deduct the unpaid amount   1,727        

from any support payment due to the obligee in increments          1,728        

specified under the support order.  If an obligor pays the         1,729        

required amount, the child support enforcement agency is not       1,730        

required to apply that payment toward any arrearages under the     1,731        

support payment.  No moneys received by a child support            1,732        

enforcement agency pursuant to this division shall be used for     1,733        

any purpose other than the provision of funds for the              1,734        

administration of its program of support enforcement NO COURT OR   1,735        

AGENCY MAY CALL THE CHARGE A POUNDAGE FEE.                         1,736        

      (2)  The board of county commissioners of each county shall  1,738        

budget and appropriate to the child support enforcement agency     1,739        

serving the county all of the following:                           1,740        

      (a)  Money collected pursuant to division (H)(1) of this     1,742        

section;                                                           1,743        

      (b)  All federal money payable to the county CHILD SUPPORT   1,745        

ENFORCEMENT AGENCY on the basis of its success in collecting       1,747        

overdue support obligations, establishing paternity, and           1,748        

implementing other activities related to child support             1,749        

enforcement under Title IV-D of the Social Security Act;           1,750        

      (c)(b)  Any funds that may be received from other federal    1,752        

or state sources for the child support enforcement agency;         1,753        

      (d)  Notwithstanding any provision of the Revised Code that  1,755        

                                                          43     

                                                                 
provides otherwise, all interest earned on moneys in the child     1,756        

support enforcement agency's depository accounts.                  1,757        

      (3)  All moneys received from the federal or state           1,759        

government for reimbursement for support enforcement activities    1,760        

shall be used solely for support enforcement activities.           1,761        

      (4)  A board of county commissioners may request that the    1,763        

department of human services grant a waiver of the requirement     1,764        

that the money specified in division (H)(2)(b)(a) of this section  1,766        

be budgeted and appropriated to the child support enforcement      1,767        

agency if the board can demonstrate, by meeting criteria           1,768        

established by the department, that the child support enforcement  1,769        

agency is effectively using procedures for establishing            1,770        

paternity, meeting the mandated service needs of clients, and      1,771        

complying with all applicable state and federal support rules and  1,772        

regulations.                                                                    

      (I)(5)  A child support enforcement agency may invest any    1,774        

of the moneys collected pursuant to the performance of its duties  1,775        

under sections 2301.34 to 2301.42 2301.46 of the Revised Code in   1,777        

a repurchase agreement in which a bank agrees to sell short-term   1,778        

federally guaranteed securities with an obligation of the bank to  1,779        

repurchase the securities.  All interest derived pursuant to       1,780        

investments made under this division shall be retained by the      1,781        

child support enforcement agency and used solely for support       1,782        

enforcement activities.                                            1,783        

      (I)(1)  NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED     1,787        

CODE AND EXCEPT AS PROVIDED IN DIVISION (I)(4) OF THIS SECTION, A  1,788        

CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT AND DISBURSE ALL                 

SUPPORT AMOUNTS UNDER A SUPPORT ORDER IT IS ADMINISTERING          1,790        

PURSUANT TO LAW AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS  1,792        

AMENDMENT AND SHALL COLLECT THE ADDITIONAL AMOUNT IMPOSED UNDER    1,793        

DIVISION (H)(1) OF THIS SECTION AS IT EXISTED PRIOR TO THE         1,795        

EFFECTIVE DATE OF THIS AMENDMENT UNTIL THE SUPPORT ORDER IS        1,796        

CONVERTED TO THE AUTOMATED DATA PROCESSING SYSTEM UNDER SECTION    1,797        

5101.322 OF THE REVISED CODE AND THE DIVISION OF CHILD SUPPORT IN  1,799        

                                                          44     

                                                                 
THE DEPARTMENT OF HUMAN SERVICES AUTHORIZES CENTRALIZED            1,800        

COLLECTION AND DISBURSEMENT OF SUPPORT AMOUNTS UNDER THE SUPPORT   1,801        

ORDER PURSUANT TO THE RULES ADOPTED UNDER DIVISION (F)(1) OF       1,802        

SECTION 5101.325 OF THE REVISED CODE.  ONCE THE SUPPORT ORDER IS   1,805        

CONVERTED AND THE DIVISION GIVES THE AUTHORIZATION, THE SUPPORT    1,806        

AMOUNTS AND THE ADDITIONAL AMOUNT SHALL BE COLLECTED, AND THE      1,807        

SUPPORT AMOUNT SHALL BE DISBURSED, UNDER THE SUPPORT ORDER         1,808        

ACCORDING TO THE PROVISIONS OF HOUSE BILL NO. 352 OF THE 122nd     1,809        

GENERAL ASSEMBLY.                                                               

      (2)  NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE   1,812        

AND EXCEPT AS PROVIDED IN DIVISION (I)(4) OF THIS SECTION, THE     1,813        

AGENCY ADMINISTERING THE SUPPORT ORDER SHALL COLLECT THE AMOUNTS   1,814        

PERMITTED TO BE COLLECTED, AND PERFORM OTHER DUTIES REQUIRED,      1,815        

WITH RESPECT TO THE SUPPORT ORDER PURSUANT TO DIVISION (D)(1) OF   1,816        

SECTION 2301.373, DIVISION (B)(3)(a) OF SECTION 2301.374,          1,818        

DIVISIONS (E)(4)(b), (F), AND (I) OF SECTION 3111.23, DIVISION     1,820        

(E) OF SECTION 3111.99, DIVISIONS (G)(4)(b), (H)(3), AND (K) OF    1,822        

SECTION 3113.21, DIVISION (B) OF SECTION 3113.212, DIVISION (E)    1,824        

OF SECTION 3113.99, AND DIVISION (A)(3) OF SECTION 5101.323 OF     1,826        

THE REVISED CODE AS THOSE SECTIONS EXISTED PRIOR TO THE EFFECTIVE  1,828        

DATE OF THIS AMENDMENT, AND THE AGENCY SHALL COLLECT THE AMOUNTS   1,829        

PERMITTED TO BE COLLECTED BY THE DIVISION, AND PERFORM OTHER       1,830        

DUTIES REQUIRED OF THE DIVISION, WITH RESPECT TO THE SUPPORT       1,831        

ORDER PURSUANT TO DIVISION (D)(1)(a) OF SECTION 2301.375 AND       1,832        

DIVISION (D)(2) OF SECTION 2301.43 OF THE REVISED CODE AS THOSE    1,835        

SECTIONS ARE ENACTED BY HOUSE BILL NO. 352 OF THE 122nd GENERAL    1,837        

ASSEMBLY, UNTIL THE SUPPORT ORDER IS CONVERTED AND AUTHORIZATION   1,838        

FOR CENTRALIZED COLLECTION AND DISBURSEMENT IS GIVEN.  ONCE THE    1,839        

SUPPORT ORDER IS CONVERTED AND THE AUTHORIZATION IS GIVEN, THE     1,840        

AMOUNTS SHALL BE COLLECTED, AND THE DUTIES SHALL BE PERFORMED, BY  1,842        

THE DIVISION ACCORDING TO THE PROVISIONS OF HOUSE BILL NO. 352 OF  1,843        

THE 122nd GENERAL ASSEMBLY.                                        1,844        

      (3)  ALL SUPPORT ORDERS SHALL BE CONVERTED AND ALL           1,846        

AUTHORIZATIONS SHALL BE GIVEN BY THE DIVISION PRIOR TO JULY 1,     1,847        

                                                          45     

                                                                 
1999.                                                                           

      (4)(a)  AFTER CONVERSION OCCURS AND AUTHORIZATION FOR        1,850        

CENTRALIZED COLLECTION AND DISBURSEMENT IS GRANTED PURSUANT TO     1,851        

THIS SECTION, A CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTINUE TO   1,852        

COLLECT THE FOLLOWING AMOUNTS FROM OBLIGORS WHO PAY THE AMOUNTS    1,853        

IN PERSON AT THE OFFICE OF THE AGENCY:                                          

      (i)  CURRENT SUPPORT AMOUNTS AND ARREARAGES DUE UNDER A      1,856        

SUPPORT ORDER BEING ADMINISTERED BY THE AGENCY AND THE ADDITIONAL  1,857        

AMOUNT IMPOSED PURSUANT TO DIVISION (H)(1) OF THIS SECTION WITH    1,858        

RESPECT TO THE ORDER;                                              1,859        

      (ii)  AMOUNTS COLLECTED PURSUANT TO DIVISION (D)(1) OF       1,862        

SECTION 2301.373, DIVISIONS (B)(3)(a) AND (C)(3)(a) OF SECTION     1,864        

2301.374, SECTION 2301.375, DIVISION (D)(2) OF SECTION 2301.43,    1,866        

DIVISION (E) OF SECTION 3111.99, DIVISION (E) OF SECTION 3113.99,  1,869        

AND DIVISION (A)(3) OF SECTION 5101.323 OF THE REVISED CODE.       1,871        

      (b)  ALL AMOUNTS COLLECTED PURSUANT TO DIVISION (I)(4)(a)    1,874        

OF THIS SECTION SHALL BE FORWARDED TO THE DIVISION NO LATER THAN   1,875        

ONE DAY AFTER RECEIPT OF THE AMOUNTS.                              1,876        

      (5)  AMOUNTS COLLECTED BY A COLLECTION AGENT THAT HAS A      1,878        

CONTRACT WITH A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO       1,879        

DIVISION (C) OF THIS SECTION SHALL BE PAID TO THE DIVISION.  THE   1,881        

AGENCY SHALL FORWARD ANY AMOUNTS COLLECTED PURSUANT TO SECTIONS    1,882        

2301.38 AND 2301.45 OF THE REVISED CODE TO THE DIVISION NO LATER   1,883        

THAN ONE DAY AFTER RECEIPT OF THOSE AMOUNTS.                                    

      (J)(1)  Subject to division (J)(2) of this section, all      1,885        

support orders that are administered by a child support            1,886        

enforcement agency designated under this section and are eligible  1,887        

for Title IV-D services shall be Title IV-D cases under Title      1,888        

IV-D of the "Social Security Act."  Subject to division (J)(2) of  1,889        

this section, all obligees of support orders administered by the   1,890        

child support enforcement agency shall be considered to have       1,891        

filed a signed application for Title IV-D services.                1,892        

      (2)  A court that, on or after July 1, 1990, issues or       1,894        

modifies a support order shall require the obligee under the       1,895        

                                                          46     

                                                                 
order to sign, at the time of the issuance or modification of the  1,896        

order, an application for Title IV-D services and to file, as      1,897        

soon as possible, the signed application with the child support    1,898        

enforcement agency that will administer the order.  The            1,899        

application shall be on a form prescribed by the department of     1,900        

human services.  A support order that is issued or modified on or  1,901        

after July 1, 1990, that is administered by a child support        1,902        

enforcement agency, and that is eligible for Title IV-D services   1,903        

shall be a Title IV-D case under Title IV-D of the "Social         1,904        

Security Act" only upon the filing of the signed application for   1,905        

Title IV-D services.                                               1,906        

      (3)  A child support enforcement agency shall make           1,908        

available an application for Title IV-D services to all persons    1,909        

requesting a child support enforcement agency's assistance in an   1,910        

action under sections 3111.01 to 3111.19 of the Revised Code or    1,911        

in an administrative proceeding brought under sections 3111.20 to  1,912        

3111.29 of the Revised Code.                                       1,913        

      (K)(1)  As used in this section, "current support payment"   1,915        

means the amount of support due an obligee that an obligor is      1,916        

required to pay in a particular payment for the current month as   1,917        

specified in a support order.  "Current support payment" does not  1,918        

include payments on arrearages under the support order.            1,919        

      (2)  As used in the Revised Code, "child support             1,921        

enforcement agency" means the child support enforcement agency     1,922        

designated under this section.                                     1,923        

      Sec. 2301.353.  (A)(1)(a)  Any consumer reporting agency     1,932        

may contact any child support enforcement agency and request the   1,933        

child support enforcement agency to provide to the consumer        1,934        

reporting agency, in accordance with this section, information as  1,935        

to all persons who have been found by a court to be in default     1,936        

under a support order being administered or otherwise handled by   1,937        

the child support enforcement agency.  If a request of that        1,938        

nature is received by a child support enforcement agency, if the   1,939        

consumer reporting agency pays the requisite fee for the           1,940        

                                                          47     

                                                                 
requested information as prescribed pursuant to division (F) of    1,941        

this section, and if, after complying with divisions (A)(2) and    1,942        

(B) to (D) of this section, the child support enforcement agency   1,943        

is required to provide the requested information with respect to   1,944        

any obligor in default under a support order being administered    1,945        

or otherwise handled by the child support enforcement agency, the  1,946        

child support enforcement agency shall comply with the request of  1,947        

the consumer reporting agency.                                     1,948        

      (b)  After complying with divisions (A)(2) and (B) to (D)    1,950        

of this section, any IF A COURT OR CHILD SUPPORT ENFORCEMENT       1,951        

AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO     1,952        

DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE THAT AN        1,953        

OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE child support     1,954        

enforcement agency may ADMINISTERING THE SUPPORT ORDER SHALL       1,955        

contact any AT LEAST ONE consumer reporting agency in the county   1,956        

in which the child support enforcement agency is located, in any   1,959        

other county of this state, or in another state and may provide    1,960        

to the consumer reporting agency information as to persons who     1,961        

have been found by a court to be in default under a support order  1,962        

being administered or otherwise handled by the child support       1,963        

enforcement agency. The administrative head of THE OBLIGOR'S       1,964        

NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFICATION  1,965        

NUMBER AND ANY OTHER IDENTIFYING INFORMATION CONCERNING THE        1,966        

OBLIGOR the child support enforcement agency shall determine, in   1,967        

his discretion and pursuant to division (A)(1)(b) of this          1,968        

section, when any consumer reporting agency will be contacted      1,969        

HAS.  A child support enforcement agency shall not charge a        1,971        

consumer reporting agency a fee for information provided by the    1,972        

child support enforcement agency pursuant to division (A)(1)(b)    1,973        

of this section.                                                                

      (2)  For purposes of this section, each child support        1,975        

enforcement agency periodically shall review its records           1,976        

maintained under section 2301.35 of the Revised Code to determine  1,977        

whether an obligor under any support order being administered or   1,978        

                                                          48     

                                                                 
otherwise handled by the agency has been found by a court to be    1,979        

in default under the support order.                                1,980        

      (B)  If a child support enforcement agency, upon conducting  1,982        

a review of its records under division (A)(2) of this section,     1,983        

determines that an obligor has been found by a court to be in      1,984        

default under a support order being administered or otherwise      1,985        

handled by it, the agency shall send written notice of its         1,986        

determination and the possible consequences to the obligor, by     1,987        

ordinary first class mail, at the most recent address it has for   1,988        

the obligor.  The notice may be incorporated in a notice of        1,989        

default sent to the obligor pursuant to section 3113.21 of the     1,990        

Revised Code or in a notice sent to the obligor pursuant to        1,991        

section 5101.32 or 5101.321 of the Revised Code.  The mailing of   1,992        

the notice shall be evidenced by a certificate of mailing filed    1,993        

with the clerk of the court.  The notice shall indicate all of     1,994        

the following:                                                     1,995        

      (1)  That the records of the child support enforcement       1,997        

agency show that the obligor has been found by a court to be in    1,998        

default under a support order;                                     1,999        

      (2)  The amount of the arrearage allegedly resulting from    2,001        

the default, as shown in the records;                              2,002        

      (3)  That, if he does not wish to contest the records, he    2,005        

must pay the arrearage within fourteen days after his receipt of   2,006        

the notice or either or both of the following may occur:           2,007        

      (a)  The child support enforcement agency, in the            2,009        

discretion of its administrative head, may contact one or more     2,010        

consumer reporting agencies in the county in which the child       2,011        

support enforcement agency is located, in another county of this   2,012        

state, or in another state and inform those agencies that the      2,013        

obligor has been found by a court to be in default under a         2,014        

support order being administered or otherwise handled by the       2,015        

child support enforcement agency.                                  2,016        

      (b)  The child support enforcement agency will inform each   2,018        

consumer reporting agency that requests the information that the   2,019        

                                                          49     

                                                                 
obligor has been found by a court to be in default under a         2,020        

support order being administered or otherwise handled by the       2,021        

child support enforcement agency.                                  2,022        

      (4)  That, if he believes the records are erroneous, he may  2,026        

file, within ten days after his receipt of the notice, a written   2,027        

request with the child support enforcement agency for a hearing    2,028        

to contest the records;                                                         

      (5)  That, if he requests a hearing within the specified     2,031        

time period, a hearing will be conducted, and, if he proves to     2,032        

the child support enforcement agency at the hearing that the       2,033        

amount of arrearage indicated is incorrect or that he actually is  2,035        

not in default under the support order, the agency will modify     2,036        

its records accordingly;                                           2,037        

      (6)  That, if he does not timely request a hearing or        2,040        

timely pay the amount of the arrearage or if he timely requests a  2,042        

hearing but the child support enforcement agency determines at     2,043        

the hearing that the obligor has been found by a court to be in    2,044        

default under a support order and that he is in default under the  2,046        

order, either or both of the following may occur:                  2,047        

      (a)  The child support enforcement agency, in the            2,049        

discretion of its administrative head, may contact one or more     2,050        

consumer reporting agencies in the county in which the child       2,051        

support enforcement agency is located, in another county of this   2,052        

state, or in another state, inform those agencies that the         2,053        

obligor has been found by a court to be in default under a         2,054        

support order being administered or otherwise handled by the       2,055        

child support enforcement agency, and indicate the amount of the   2,056        

arrearage as of that time resulting from the default.              2,057        

      (b)  The child support enforcement agency will inform each   2,059        

consumer reporting agency that requests the information that he    2,060        

has been found by a court to be in default under a support order   2,061        

being administered or otherwise handled by the child support       2,062        

enforcement agency and indicate to that consumer reporting agency  2,063        

the amount of the arrearage as of that time resulting from the     2,064        

                                                          50     

                                                                 
default.                                                           2,065        

      (C)(1)  Upon receipt of a notice pursuant to division (B)    2,067        

of this section, the obligor who is sent the notice, within ten    2,068        

days after his receipt of the notice, may file a request for a     2,069        

hearing to contest the accuracy of the records that are the        2,070        

subject of the notice.  The request shall be filed with the child  2,071        

support enforcement agency that sent the notice to him and shall   2,072        

be made on a form provided by that agency.                         2,073        

      (2)  If an obligor who is sent a written notice under        2,075        

division (B) of this section requests a hearing pursuant to        2,076        

division (C)(1) of this section within ten days after his receipt  2,077        

of the notice, the child support enforcement agency shall          2,078        

schedule a hearing within ten days after the request is made,      2,079        

shall give notice of the date, time, and place of the hearing to   2,080        

the obligor who made the request and to the obligee under the      2,081        

order, and shall conduct the hearing accordingly.  At the          2,082        

hearing, the sole issues to be decided are whether a court         2,083        

determined that the obligor is in default under the related        2,084        

support order, whether the obligor who requested the hearing       2,085        

actually is in default under the related support order and, if he  2,086        

is in default, the amount of the arrearage resulting from the      2,087        

default.  Any interested party may present testimony and other     2,088        

evidence that is relevant to the issues to be decided at the       2,089        

hearing.                                                           2,090        

      If the child support enforcement agency determines by a      2,092        

preponderance of the evidence from the testimony and evidence      2,093        

presented at the hearing that no court has determined that the     2,094        

obligor is in default under the related support order or that the  2,095        

obligor is not in default under the related support order, the     2,096        

agency shall modify its records accordingly and shall not notify   2,097        

pursuant to division (A)(1)(a) or (b) of this section any          2,098        

consumer reporting agency of any default relative to that support  2,099        

order.  If the child support enforcement agency determines at the  2,100        

hearing that a court has determined that the obligor is in         2,101        

                                                          51     

                                                                 
default under the related support order and that the obligor       2,102        

actually is in default under the related support order, it shall   2,103        

issue a written statement that the obligor has been found by a     2,104        

court to be in default under a support order and of the amount of  2,105        

the arrearage as of that time.  The child support enforcement      2,106        

agency shall give each consumer reporting agency that requested    2,107        

information pursuant to division (A)(1)(a) of this section or      2,108        

each consumer reporting agency selected by the administrative      2,109        

head of the child support enforcement agency pursuant to division  2,110        

(A)(1)(b) of this section a copy of the written statement or       2,111        

provide the consumer reporting agency with the information         2,112        

contained in the written statement.  The child support             2,113        

enforcement agency shall notify the obligor of the name, address,  2,114        

and telephone number of each consumer reporting agency to which    2,115        

it gives a copy of the written statement and of each consumer      2,116        

reporting agency to which it provides the information contained    2,117        

in the written statement.                                          2,118        

      (3)  If an obligor who is sent a written notice under        2,120        

division (B) of this section does not request a hearing within     2,121        

ten days after his receipt of the notice but the obligor pays the  2,122        

arrearage under the support order within fourteen days after his   2,123        

receipt of the notice, the child support enforcement agency shall  2,124        

modify its records accordingly and shall not notify pursuant to    2,125        

division (A)(1)(a) or (b) of this section any consumer reporting   2,126        

agency of any default relative to that order.                      2,127        

      (4)(B)  If a child support enforcement agency gives          2,129        

CONTACTS a consumer reporting agency a copy of a written           2,131        

statement that an obligor has been found by a court to be in       2,132        

default under a support order or gives the consumer reporting      2,133        

agency the information contained in the written statement          2,134        

PURSUANT TO DIVISION (A) OF THIS SECTION and if that THE obligor   2,135        

pays the entire arrearage under the support order that is the      2,136        

subject of the statement BASIS FOR THE DETERMINATION OF DEFAULT,   2,137        

both of the following apply:                                       2,138        

                                                          52     

                                                                 
      (a)(1)  The obligor may give each consumer reporting agency  2,140        

that received a copy of the written statement or the information   2,141        

contained in the written statement CONTACTED a written notice      2,142        

that the arrearage specified in the statement has been paid in     2,144        

full and may request the child support enforcement agency to give  2,145        

each consumer reporting agency that received the written           2,146        

statement or information WAS CONTACTED A written confirmation      2,147        

that the arrearage specified in the statement has been paid in     2,149        

full.  The consumer reporting agency shall not record the full     2,150        

payment of the obligor's arrearage until the child support         2,151        

enforcement agency confirms the payment.                           2,152        

      (b)(2)  If the obligor requests the child support            2,154        

enforcement agency to confirm that the arrearage has been paid in  2,155        

full, the child support enforcement agency shall give each         2,156        

consumer reporting agency to which the child support enforcement   2,157        

agency gave the written statement or the information CONTACTED     2,158        

written confirmation that the arrearage that was the subject of    2,159        

the statement has been paid in full.                               2,160        

      (D)  If an obligor who is sent a written notice under        2,162        

division (B) of this section does not request a hearing within     2,163        

ten days after his receipt of the notice and does not timely pay   2,164        

the arrearage, the child support enforcement agency shall not      2,165        

conduct a hearing on the matter, and either or both of the         2,166        

following apply:                                                   2,167        

      (1)  The child support enforcement agency, in the            2,169        

discretion of its administrative head, may contact one or more     2,170        

consumer reporting agencies in the county in which the child       2,171        

support enforcement agency is located, in another county of this   2,172        

state, or in another state and give those agencies one of the      2,173        

following:                                                         2,174        

      (a)  A written statement that its records indicate that the  2,176        

obligor has been found by a court to be in default under a         2,177        

support order being administered or otherwise handled by the       2,178        

child support enforcement agency and of the amount of the          2,179        

                                                          53     

                                                                 
arrearage resulting from the default as indicated in the records;  2,180        

      (b)  The information that would be included in a written     2,182        

statement described in division (D)(1)(a) of this section.         2,183        

      (2)  The child support enforcement agency shall give each    2,185        

consumer reporting agency that requests the information a written  2,186        

statement as described in division (D)(1)(a) of this section or    2,187        

information as described in division (D)(1)(b) of this section.    2,188        

      (E)  A notification to a consumer reporting agency under     2,190        

division (C) or (D) of this section shall include the obligor's    2,191        

name, address, and social security number or other identification  2,192        

number and any other identifying information concerning the        2,193        

obligor that is known by the child support enforcement agency.     2,194        

      (F)  The administrative head of each child support           2,196        

enforcement agency, by rule, may prescribe a reasonable fee that   2,197        

a consumer reporting agency, except as otherwise provided in this  2,198        

division, shall pay upon the making of a request for information   2,199        

pursuant to division (A)(1)(a) of this section.  The fee           2,200        

prescribed under this division shall not exceed the average        2,201        

actual cost experienced by the child support enforcement agency    2,202        

in performing the duties imposed upon it by this section in        2,203        

connection with consumer reporting agencies that make requests     2,204        

for information pursuant to division (A)(1)(a) of this section.    2,205        

A child support enforcement agency may charge the fee only when a  2,206        

consumer reporting agency has made a request for information       2,207        

pursuant to division (A)(1)(a) of this section, the child support  2,208        

enforcement agency is required to provide a notice to the obligor  2,209        

pursuant to division (B) of this section, and the notice is not    2,210        

incorporated in a notice sent to the obligor pursuant to section   2,211        

3113.21, 5101.32, or 5101.321 of the Revised Code.                 2,212        

      (G)(C)  As used in this section, "consumer reporting         2,214        

agency" has the same meaning as in section 5101.311 of the         2,215        

Revised Code.                                                                   

      Sec. 2301.355.  A CHILD SUPPORT ENFORCEMENT AGENCY MAY       2,226        

ESTABLISH A PROGRAM TO INCREASE CHILD SUPPORT COLLECTIONS BY       2,227        

                                                          54     

                                                                 
PUBLISHING AND DISTRIBUTING A SERIES OF POSTERS DISPLAYING CHILD   2,228        

SUPPORT OBLIGORS WHO ARE DELINQUENT IN THEIR SUPPORT PAYMENTS.     2,229        

EACH POSTER SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION ABOUT,   2,230        

TEN OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND WHOSE       2,231        

WHEREABOUTS ARE UNKNOWN TO THE AGENCY.  EACH POSTER SHALL LIST A   2,232        

TOLL-FREE TELEPHONE NUMBER THAT MAY BE CALLED TO REPORT            2,233        

INFORMATION REGARDING THE WHEREABOUTS OF ANY OF THE OBLIGORS       2,234        

DISPLAYED ON THE POSTER.  THE AGENCY MAY INCLUDE ANY OTHER         2,235        

INFORMATION ON THE POSTER THAT IT CONSIDERS APPROPRIATE.           2,236        

      THE AGENCY SHALL SELECT OBLIGORS FOR INCLUSION ON A POSTER   2,238        

FROM OBLIGORS THAT MEET THE CRITERIA IN DIVISION (B) OF SECTION    2,239        

5101.323 OF THE REVISED CODE.  THE AGENCY SHALL SEND NOTICE TO     2,241        

EACH OBLIGOR WHOSE NAME IS BEING CONSIDERED FOR DISPLAY ON A       2,242        

POSTER.  THE NOTICE SHALL BE SENT BY REGULAR MAIL TO THE           2,243        

OBLIGOR'S LAST KNOWN ADDRESS AND SHALL INCLUDE THE INFORMATION     2,244        

SPECIFIED IN DIVISION (A)(3) OF SECTION 5101.323 OF THE REVISED    2,247        

CODE.                                                                           

      Sec. 2301.356.  If a child support enforcement agency is     2,256        

made a party to an action brought to establish a parent and child  2,257        

relationship under sections 3111.01 to 3111.19 of the Revised      2,258        

Code and if the court orders the parties to the action to submit   2,259        

to genetic testing or if the natural mother and alleged natural    2,260        

father voluntarily agree to be bound by THE AGENCY ORDERS THE      2,261        

PARTIES TO SUBMIT TO genetic testing under sections 3111.21        2,262        

3111.22 to 3111.29 of the Revised Code, the agency shall provide   2,264        

for collection of samples and performance of genetic testing in    2,265        

accordance with generally accepted medical techniques.  If a       2,266        

court ordered the genetic testing, the agency shall inform the     2,267        

court of the procedures for collecting the samples and performing  2,268        

the genetic tests, in accordance with the rules governing on-site  2,269        

genetic testing adopted by the department of human services        2,270        

pursuant to section 2301.35 of the Revised Code.                   2,271        

      Sec. 2301.357.  (A)  Each child support enforcement agency   2,280        

shall adopt a paternity compliance plan, establish a paternity     2,281        

                                                          55     

                                                                 
compliance unit, and submit the adopted plan to the division of    2,282        

support of the department of human services in accordance with     2,283        

the rules adopted pursuant to section 5101.324 of the Revised      2,284        

Code, except that, if a child support enforcement agency           2,285        

submitted a plan to the department pursuant to division (E)(2) of  2,286        

section 2301.35 of the Revised Code and if that plan is currently  2,287        

in effect, the agency is not required to comply with this          2,288        

division.                                                          2,289        

      (B)  The department of human services shall enter into a     2,291        

contract with the department of health that requires the           2,292        

department of health to enter into a contract with local           2,293        

hospitals for the provision of staff by the hospitals to meet      2,294        

with unmarried women who give birth in or en route to the          2,295        

particular hospital.  The contract between the department of       2,296        

human services and the department of health shall provide for      2,297        

reimbursement to the hospitals for the administrative cost of      2,298        

providing staff to meet the responsibilities set forth in section  2,299        

3727.17 of the Revised Code.  The contract between the department  2,300        

of health and a local hospital shall require all of the            2,301        

following:                                                         2,302        

      (1)  That a THE hospital PROVIDE A staff person TO meet      2,305        

with each unmarried mother who gave birth in or en route to the    2,306        

hospital within twenty-four hours of the birth or before the       2,307        

mother is released from the hospital;                              2,308        

      (2)  That the staff person attempt to meet with the father   2,310        

of the unmarried mother's child if possible;                       2,311        

      (3)  That the staff person explain to the unmarried mother   2,313        

and the father, if he is present, the benefit to the child of      2,314        

establishing a parent and child relationship between the father    2,315        

and the child and the various proper procedures for establishing   2,316        

a parent and child relationship;                                   2,317        

      (4)  That the staff person present to the unmarried mother   2,319        

and, if possible, the father a THE pamphlet or statement           2,320        

regarding the rights and responsibilities of a natural parent      2,322        

                                                          56     

                                                                 
that is prepared and provided by the department of human services  2,323        

PURSUANT TO SECTION 5101.324 OF THE REVISED CODE;                  2,324        

      (5)  That the staff person provide the mother and, if        2,326        

possible, the father, all forms, AND statements, and agreements    2,328        

necessary to voluntarily establish a parent and child              2,329        

relationship, including, but not limited to, the acknowledgment    2,330        

of paternity AFFIDAVIT PREPARED BY THE DEPARTMENT OF HUMAN         2,331        

SERVICES PURSUANT TO SECTION 5101.324 OF THE REVISED CODE AND      2,332        

required by section 2105.18 5101.314 of the Revised Code and the   2,334        

voluntary agreement to be bound by the results of genetic testing  2,335        

described in section 3111.21 of the Revised Code;                               

      (6)  That the staff person, at the request of both the       2,337        

mother and father, help the mother and father complete any form,   2,338        

OR statement, or agreement necessary to establish a parent and     2,340        

child relationship;                                                2,341        

      (7)  THAT THE HOSPITAL PROVIDE A NOTARY PUBLIC TO NOTARIZE   2,343        

AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT SIGNED BY THE MOTHER AND  2,344        

FATHER;                                                            2,345        

      (8)  That the staff person present to an unmarried mother    2,347        

who is not a recipient of medicaid or aid to dependent children    2,348        

an application for Title IV-D services;                            2,349        

      (8)(9)  That the staff person forward any completed          2,351        

acknowledgment of paternity, NO LATER THAN TEN DAYS AFTER IT IS    2,352        

COMPLETED, to the probate court in the county in which the child   2,354        

or the guardian or legal custodian of the child resides DIVISION   2,355        

OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES;                           

      (10)  THAT THE DEPARTMENT OF HUMAN SERVICES PAY THE          2,357        

HOSPITAL TWENTY DOLLARS FOR EVERY CORRECTLY SIGNED AND NOTARIZED   2,358        

ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT FROM THE HOSPITAL.           2,359        

      ON OR BEFORE APRIL 1, 1998, EACH HOSPITAL SHALL ENTER INTO   2,362        

A CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO THIS  2,363        

SECTION REGARDING THE DUTIES IMPOSED BY THIS SECTION AND SECTION   2,364        

3727.17 OF THE REVISED CODE CONCERNING PATERNITY ESTABLISHMENT.    2,366        

A HOSPITAL THAT FAILS TO ENTER INTO A CONTRACT SHALL NOT RECEIVE   2,367        

                                                          57     

                                                                 
THE FEE FROM THE DEPARTMENT FOR CORRECTLY SIGNED AND NOTARIZED     2,368        

AFFIDAVITS SUBMITTED BY THE HOSPITAL.                              2,369        

      (C)  NOT LATER THAN JULY 1, 1998, AND THE FIRST DAY OF EACH  2,373        

JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES SHALL COMPLETE   2,374        

A REPORT ON THE HOSPITALS THAT HAVE NOT ENTERED INTO CONTRACTS     2,375        

DESCRIBED IN THIS SECTION.  THE DEPARTMENT SHALL SUBMIT THE        2,376        

REPORT TO THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE       2,377        

COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE WITH         2,378        

PRIMARY RESPONSIBILITY FOR ISSUES CONCERNING PATERNITY             2,379        

ESTABLISHMENT.                                                                  

      (D)  IF THE HOSPITAL KNOWS OR DETERMINES THAT A MAN IS       2,381        

PRESUMED UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE       2,383        

FATHER OF THE CHILD DESCRIBED IN THIS SECTION, THE HOSPITAL SHALL  2,384        

TAKE NO FURTHER ACTION WITH REGARD TO AN ACKNOWLEDGMENT AND SHALL  2,385        

NOT SEND AN ACKNOWLEDGMENT TO THE DIVISION.                        2,386        

      Sec. 2301.358.  (A)  A child support enforcement agency, in  2,395        

accordance with the rules adopted by the department of human       2,396        

services pursuant to division (B) of this section, shall employ    2,397        

an administrative officer, contract with another entity to         2,398        

provide an administrative officer, or contract with an individual  2,399        

to serve as an administrative officer to issue, in accordance      2,400        

with sections 3111.21 3111.22 to 3111.29 and 3113.215 of the       2,401        

Revised Code, administrative orders determining the existence or   2,403        

nonexistence of a parent and child relationship and requiring the  2,404        

payment of child support, or in accordance with sections 3111.20,  2,405        

3111.23 to 3111.29, and 3113.215 of the Revised Code,              2,406        

administrative orders requiring the payment of child support.      2,408        

      (B)  The department of human services shall adopt rules in   2,410        

accordance with Chapter 119. of the Revised Code regulating        2,411        

administrative officers who issue administrative orders described  2,413        

in division (A) of this section, including, but not limited to:    2,415        

      (1)  The qualifications of the administrative officer;       2,417        

      (2)  Any other procedures, requirements, or standards        2,419        

necessary for the employment of the administrative officer.        2,420        

                                                          58     

                                                                 
      Sec. 2301.36.  (A)  Upon issuing or modifying a support      2,429        

order, issuing any withholding or deduction notice described in    2,430        

division (D) of section 3113.21 of the Revised Code, or issuing a  2,431        

court order described in division (D)(6)(3) or (7)(4) of that      2,433        

section, the court shall require that support payments be made to  2,434        

the DIVISION OF child support enforcement agency of the county IN  2,435        

THE DEPARTMENT OF HUMAN SERVICES as trustee for remittance to the  2,437        

person entitled to receive payments, except as otherwise provided  2,438        

in DIVISION (I) OF SECTION 2301.35 OR sections 2151.49 and         2,439        

3113.07 of the Revised Code.  Any payment of money by the person   2,440        

responsible for the support payments under a support order to the  2,441        

person entitled to receive the support payments that is not made   2,442        

to the child support enforcement agency DIVISION in accordance     2,443        

with the applicable support order shall not be considered as a     2,445        

payment of support and, unless the payment is made to discharge    2,446        

an obligation other than support, shall be deemed to be a gift.    2,447        

Section 329.043 and division DIVISION (C) of section 3113.211 AND  2,448        

SECTION 5101.325 of the Revised Code apply to support payments     2,450        

made to the child support enforcement agency DIVISION.             2,451        

      (B)  Upon issuing or modifying WHEN a support order IS       2,453        

ISSUED OR MODIFIED, issuing any A withholding or deduction notice  2,455        

described in division (D) of section 3113.21 OR DIVISION (B) OF    2,456        

SECTION 3111.23 of the Revised Code IS ISSUED, or issuing a court  2,457        

AN order described in division (D)(6)(3) or (7)(4) of that         2,460        

section 3113.21 OR SECTION 3111.231 OF THE REVISED CODE IS         2,461        

ISSUED, or at any time after the issuance or modification of the   2,462        

SUPPORT order IS ISSUED OR MODIFIED, the court may order the       2,465        

child support enforcement agency DIVISION to, OR THE AGENCY MAY    2,466        

ISSUE AN ORDER REQUIRING THE DIVISION TO, transmit the payments    2,468        

or make them payable to any third person that is either agreed     2,469        

upon by the parties and approved by the court or appointed by the  2,470        

court, WITH RESPECT TO A COURT-ISSUED SUPPORT ORDER, OR IS EITHER  2,471        

AGREED UPON BY THE PARTIES AND APPROVED BY THE AGENCY OR                        

APPOINTED BY THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE         2,472        

                                                          59     

                                                                 
SUPPORT ORDER.  Third persons include, but are not limited to, a   2,473        

trustee, a custodian, the guardian of the estate of the child,     2,474        

the county department of human services, county children's         2,475        

services board, or any appropriate social agency.                  2,476        

      (C)  Any person named pursuant to division (B) of this       2,478        

section is entitled to receive the support payments.  The court    2,479        

may allow the person to receive a reasonable fee for services      2,480        

rendered pursuant to this section.  The person shall make          2,481        

financial reports in connection with these services at the time    2,482        

and in the manner prescribed by the court or as required by law.   2,483        

      (D)  The parties affected by the support order shall inform  2,485        

the child support enforcement agency of any change of name or      2,486        

address or other change of conditions that may affect the          2,487        

administration of the order.                                       2,488        

      (E)  Any person entitled to receive support payments either  2,490        

personally or on behalf of another person, by reason of any        2,491        

support order that does not direct that payments be made to the    2,492        

child support enforcement agency DIVISION, may apply to the        2,493        

appropriate agency for the administration of the order.  Upon      2,495        

receipt of the application, the agency has the same powers to      2,496        

administer the order as it would have had if the order had been    2,497        

entered under division (A) of this section.  The agency shall      2,498        

notify the obligor by any method of service authorized under the   2,499        

Civil Rules to make all support payments due after service of the  2,500        

notice upon him THE OBLIGOR to the agency DIVISION.  An obligor    2,502        

so notified by a child support enforcement shall make all          2,503        

subsequent payments to the agency DIVISION unless the involved     2,504        

court, upon the obligor's application filed within thirty days     2,506        

after service of the notice upon him THE OBLIGOR, orders the       2,508        

CHILD SUPPORT ENFORCEMENT agency not to administer the support     2,509        

order.                                                                          

      Sec. 2301.37.  (A)  If the records maintained by a child     2,518        

support enforcement agency under section 2301.35 of the Revised    2,519        

Code indicate that an obligor is in default, the agency shall      2,520        

                                                          60     

                                                                 
comply with section 3113.21 of the Revised Code.                   2,521        

      (B)  If the court is required to issue a withholding or      2,523        

deduction notice under division (D) of section 3113.21 of the      2,524        

Revised Code or to issue a court order described in division       2,526        

(D)(6)(3) or (7)(4) of that section and fails to do so, if the     2,527        

court issued an order under division (B)(1) of section 3113.21 of  2,528        

the Revised Code, as it existed immediately preceding December 1,  2,529        

1986, or issues a withholding or deduction notice under division   2,530        

(D) of section 3113.21 of the Revised Code or issues a court       2,531        

order described in division (D)(6)(3) or (7)(4) of that section    2,533        

and the court determines that the order, withholding or deduction  2,534        

notice will not ensure payment of the support due under the child  2,535        

support order, or if the obligor fails after the issuance of a     2,536        

notice or court order under section 3113.21 of the Revised Code    2,537        

to comply with the notice or court order, the court shall notify   2,538        

the child support enforcement agency, and the agency shall notify  2,539        

the obligee of the default, of the obligee's rights and remedies,  2,540        

and that the child support enforcement agency is the agency        2,541        

designated in the county to provide for the enforcement of         2,542        

support orders under section 2301.35 of the Revised Code, Title    2,543        

IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.  2,544        

301, as amended, and section 5101.31 of the Revised Code.  The     2,545        

notice shall contain a printed explanation of the provisions of    2,546        

sections 2301.37 to 2301.40 and 3113.21 of the Revised Code.       2,547        

      (C)  No child support enforcement agency, solely because     2,549        

the support due under a support order has not been paid or has     2,550        

not been paid periodically or recently, shall consider, list, or   2,551        

otherwise administer the support order or the case pertaining to   2,552        

it as if either were closed or close the files or the case         2,553        

pertaining to the support order.  The department of human          2,554        

services shall adopt, revise, or amend rules under Chapter 119.    2,555        

of the Revised Code to assist in the implementation of this        2,556        

division.                                                          2,557        

      Sec. 2301.371.  (A)  If a child support enforcement agency   2,566        

                                                          61     

                                                                 
discovers pursuant to an investigation conducted under section     2,567        

2301.37 of the Revised Code that an obligor under a child support  2,568        

order that it is administering may be receiving unemployment       2,569        

compensation benefits or if a child support enforcement agency     2,570        

receives notice or otherwise discovers that an obligor under a     2,571        

child support order may be receiving unemployment compensation     2,572        

benefits, the agency promptly shall conduct an investigation to    2,573        

determine whether the obligor is receiving unemployment            2,574        

compensation benefits and to determine the amount of the           2,575        

benefits.  The investigation shall be completed within ten days    2,576        

of the agency's discovery or receipt of the notice.                2,577        

      (B)  Upon completion of an investigation conducted under     2,579        

division (A) of this section, the agency immediately shall file    2,580        

its findings with the appropriate court, and, if its findings      2,581        

indicate THE AGENCY FINDS that the obligor is receiving            2,582        

unemployment compensation benefits, it shall prepare a proposed    2,584        

order to, IN ACCORDANCE WITH SECTIONS 3111.20 TO 3111.28 AND       2,585        

3113.21 TO 3113.219 OF THE REVISED CODE, DIVISION (D)(4) OF        2,587        

SECTION 4141.28 OF THE REVISED CODE, AND FEDERAL LAW GOVERNING                  

THE BUREAU OF EMPLOYMENT SERVICES, NOTIFY THE BUREAU OF            2,588        

EMPLOYMENT SERVICES TO WITHHOLD OR deduct an amount from the       2,590        

unemployment compensation benefits for purposes of TO PAY child    2,591        

support OBLIGATIONS.  The agency shall file a copy of the          2,592        

proposed deduction order with the appropriate court, immediately   2,593        

shall send a copy of its findings and a copy of the proposed       2,594        

order to the obligee under the child support order, and            2,595        

immediately shall send all of the following to the obligor under   2,596        

the child support order:                                                        

      (1)  A copy of its findings;                                 2,598        

      (2)  A copy of the proposed order to deduct an amount from   2,600        

the unemployment compensation benefits of the obligor for          2,601        

purposes of child support, together with a copy of the guideline   2,602        

worksheets used in preparing the proposed order;                   2,603        

      (3)  A notice that contains the date on which the notice is  2,605        

                                                          62     

                                                                 
sent and contains a statement that the amount to be deducted       2,606        

under the proposed order does not exceed the amount permitted to   2,607        

be deducted under section 303(b) of the "Consumer Credit           2,608        

Protection Act," 15 U.S.C. 1673(b);                                2,609        

      (4)  A conspicuous notice that the obligor may contest the   2,611        

entering of an order to deduct an amount from the obligor's        2,612        

unemployment compensation benefits for purposes of child support   2,613        

by filing with the agency, within ten days after the date on       2,614        

which the notice was sent to the obligor under division (B)(3) of  2,615        

this section as indicated in that notice, a written request that   2,616        

the agency hold an administrative hearing to determine whether,    2,617        

because of a mistake in fact, the entering of the order to deduct  2,618        

an amount from the unemployment compensation benefits of the       2,619        

obligor for purposes of child support would not be proper;         2,620        

      (5)  A notice that, if the obligor does not timely request   2,622        

a hearing in accordance with the provisions of division (B)(4) of  2,623        

this section and if the court concurs with the findings of fact    2,624        

of the agency, an order for the deduction of an amount from the    2,625        

obligor's unemployment compensation benefits for purposes of       2,626        

child support that is the same as the proposed order to deduct an  2,627        

amount from the unemployment compensation benefits for that        2,628        

purpose will be issued and that the amount stated in the order     2,629        

will be deducted from the unemployment compensation benefits of    2,630        

the obligor for purposes of child support.                         2,631        

      (C)(1)  Upon receipt of a notice under division (B) of this  2,633        

section, an obligor, within ten days after the date on which the   2,634        

notice was sent to him, may file with the child support            2,635        

enforcement agency that sent the notice a written request that     2,636        

the agency hold an administrative hearing to determine whether,    2,637        

because of a mistake in fact, the entering of an order to deduct   2,638        

an amount from the unemployment compensation benefits of the       2,639        

obligor for purposes of child support would not be proper.         2,640        

      (2)  If an obligor who is sent a notice under division (B)   2,642        

of this section does not timely file a written request for a       2,643        

                                                          63     

                                                                 
hearing in accordance with division (C)(1) of this section, the    2,644        

child support enforcement agency immediately shall notify the      2,645        

court to which it sent its findings of fact and the proposed       2,646        

deduction order that no request for a hearing was timely filed.    2,647        

Upon receipt of the notice, if the court concurs in the findings   2,648        

of fact of the agency, it immediately shall issue an order for     2,649        

the deduction of an amount from the obligor's unemployment         2,650        

compensation benefits for purposes of child support that           2,651        

corresponds to the proposed deduction order sent to it by the      2,652        

agency.                                                            2,653        

      (3)  If an obligor who is sent a notice under division (B)   2,655        

of this section timely files a written request for a hearing in    2,656        

accordance with division (C)(1) of this section, the child         2,657        

support enforcement agency shall conduct an administrative         2,658        

hearing in accordance with this division.  Upon the timely filing  2,659        

of the request, the agency immediately shall notify the court to   2,660        

which it sent its findings of fact and the copy of the proposed    2,661        

deduction order that the request was filed and shall conduct an    2,662        

administrative hearing on the request as soon as possible, but no  2,663        

later than ten days, after the request is filed.  The hearing      2,664        

shall be limited to a determination of whether, because of a       2,665        

mistake in fact, the entering of an order to deduct an amount      2,666        

from the unemployment compensation benefits of the obligor for     2,667        

purposes of child support would not be proper.  The obligor and    2,668        

the obligee shall be sent written notice of the date, time,        2,669        

place, and purpose of the hearing, no later than five days before  2,670        

the date on which it is to be conducted, and the notice to the     2,671        

obligor shall indicate that the obligor may present testimony and  2,672        

evidence as to whether, because of a mistake in fact, the          2,673        

entering of an order to deduct an amount from the unemployment     2,674        

compensation benefits of the obligor for purposes of child         2,675        

support would not be proper.                                       2,676        

      Upon completion of a hearing conducted under this division,  2,678        

the agency shall notify the court and the obligor of its           2,679        

                                                          64     

                                                                 
determination.  If the determination indicates that, because of a  2,680        

mistake in fact, the entering of an order to deduct an amount      2,681        

from the unemployment compensation benefits of the obligor would   2,682        

not be proper, the court shall not issue an order requiring a      2,683        

deduction of an amount from the unemployment compensation          2,684        

benefits of the obligor.  If the determination does not so         2,685        

indicate, the determination also shall notify the obligor that,    2,686        

within ten days after the date on which the determination is       2,687        

issued, he may file a written request for a court hearing on the   2,688        

determination.                                                     2,689        

      (D)(1)  Upon receipt of a determination under division       2,691        

(C)(3) of this section that includes a notice informing him of     2,692        

his right to receive a court hearing, an obligor, within ten days  2,693        

after the date on which the determination was issued, may file     2,694        

with the court a written request for a court hearing on the        2,695        

determination.                                                     2,696        

      (2)  If an obligor who receives a determination under        2,698        

division (C)(3) of this section that includes a notice informing   2,699        

him of his right to receive a court hearing does not timely file   2,700        

a written request for a court hearing on the determination, in     2,701        

accordance with division (D)(1) of this section, the court, if it  2,702        

concurs in the findings of fact and determination of the agency,   2,703        

immediately shall issue an order for the deduction of an amount    2,704        

from the obligor's unemployment compensation benefits for          2,705        

purposes of child support that corresponds to the proposed         2,706        

deduction order sent to it by the agency.                          2,707        

      (3)  If an obligor who receives a determination under        2,709        

division (C)(3) of this section that includes a notice informing   2,710        

him of his right to receive a court hearing timely files a         2,711        

written request for a court hearing on the determination, in       2,712        

accordance with division (D)(1) of this section, the court shall   2,713        

hold a hearing on the request as soon as possible, but no later    2,714        

than five days, after the request is filed.  The hearing shall be  2,715        

limited to a determination of whether, because of a mistake in     2,716        

                                                          65     

                                                                 
fact, the entering of an order to deduct an amount from the        2,717        

unemployment compensation benefits of the obligor for purposes of  2,718        

child support would not be proper and the amount to be deducted    2,719        

from the benefits.                                                 2,720        

      If, at the hearing, the court concurs with the findings of   2,722        

fact and the determination sent to it by the child support         2,723        

enforcement agency under division (B) of this section, the court   2,724        

shall issue an order for the deduction of an amount from the       2,725        

unemployment compensation benefits of the obligor for purposes of  2,726        

child support that corresponds to the proposed deduction order     2,727        

sent to it by the agency.                                          2,728        

      If, at the hearing, the court detects a mistake in fact in   2,730        

the findings or determination sent to it by the agency, discovers  2,731        

other irregularities in the findings or determination of the       2,732        

agency, or determines that the findings or determination of the    2,733        

agency are not sufficiently complete to enable the court to issue  2,734        

an order, the court shall return the findings and determination    2,735        

to the agency, notify the agency of the mistake in fact,           2,736        

irregularities, or incompleteness, and order the agency to         2,737        

correct the findings and determination and, as soon as possible,   2,738        

return them as corrected, together with a new proposed order of    2,739        

the type described in division (B) of this section, to the court.  2,740        

Immediately upon the filing of the corrected findings and          2,741        

determination and the new proposed order, the court shall issue    2,742        

an order requiring the deduction of an amount from the             2,743        

unemployment compensation benefits of the obligor for purposes of  2,744        

child support, if it determines that the order is appropriate, or  2,745        

shall decline to issue an order requiring the deduction of an      2,746        

amount from the obligor's unemployment compensation benefits, if   2,747        

it determines that its issuance would not be appropriate  THE      2,749        

AGENCY MAY NOT IMPOSE THE PROCESSING CHARGE PURSUANT TO DIVISION                

(H)(1) OF SECTION 2301.35 OF THE REVISED CODE WITH RESPECT TO      2,750        

AMOUNTS WITHHELD OR DEDUCTED FROM UNEMPLOYMENT COMPENSATION        2,751        

PURSUANT TO THIS SECTION.                                                       

                                                          66     

                                                                 
      (C)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN   2,753        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT      2,754        

THIS SECTION, WHICH RULES SHALL BE CONSISTENT WITH DIVISION        2,755        

(D)(4) OF SECTION 4141.28 OF THE REVISED CODE AND FEDERAL LAW      2,756        

GOVERNING THE BUREAU OF EMPLOYMENT SERVICES.                                    

      Sec. 2301.373.  (A)(1)  As used in this section and in       2,765        

section SECTIONS 2301.374 AND 2301.375 of the Revised Code,        2,768        

"child support order" means any order issued for the support of a  2,769        

child pursuant to Chapter 3115. or section 2151.23, 2151.231,      2,770        

2151.232, 2151.36, 2151.49, 3105.21, 3109.05, 3111.13, 3111.20,    2,771        

3111.21 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, or 3113.31  2,772        

of the Revised Code.                                                            

      (2)  As used in this section:                                2,774        

      (a)  "Board" means any entity that has the authority         2,776        

pursuant to Title XLVII of the Revised Code to issue a license,    2,777        

and any other agency of this state, other than the supreme court,  2,778        

that has the authority to issue a license that authorizes an       2,779        

individual to engage in an occupation or profession.  "Board"      2,780        

includes an administrative officer that has authority to issue a   2,781        

license that authorizes an individual to engage in an occupation   2,782        

or profession.                                                                  

      (b)  "License" includes a license, certificate, permit,      2,784        

registration, or other authorization to engage in an occupation    2,785        

or profession.                                                     2,786        

      (c)  "OBLIGOR" MEANS AN INDIVIDUAL REQUIRED TO PAY SUPPORT   2,788        

UNDER A CHILD SUPPORT ORDER.                                       2,789        

      (B)(1)  If a court or child support enforcement agency       2,791        

makes a final and enforceable determination pursuant to division   2,792        

(B) of section 3113.21 of the Revised Code that an individual is   2,793        

in default under a child support order, the agency administering   2,795        

or handling the child support order may determine whether the      2,796        

individual holds a license issued by a board to engage in an       2,797        

occupation or profession or, if possible, whether the individual   2,799        

has applied for, or is likely to apply for, such a license.  If    2,801        

                                                          67     

                                                                 
the agency determines that the individual is a license holder,                  

has applied for, or is likely to apply for a license, it shall     2,802        

send to the individual the notice specified in division (C) of     2,804        

this section.  The agency also may send a notice to the board      2,805        

that gives the name and social security number or other            2,806        

identifying number of the individual and states that a court or    2,807        

agency has determined the individual to be in default under a      2,808        

child support order.                                               2,809        

      (2)  IF AN OBLIGOR FAILS, AFTER RECEIVING APPROPRIATE        2,812        

NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT   2,813        

OR A CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A            2,814        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, THE AGENCY            2,815        

ADMINISTERING OR HANDLING THE CHILD SUPPORT ORDER MAY DETERMINE    2,816        

WHETHER THE OBLIGOR HOLDS A LICENSE OR, IF POSSIBLE, WHETHER THE   2,818        

OBLIGOR HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR, A LICENSE.     2,819        

IF THE AGENCY DETERMINES THAT THE OBLIGOR IS A LICENSE HOLDER,     2,820        

HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR A LICENSE, IT SHALL     2,821        

SEND THE OBLIGOR THE NOTICE SPECIFIED IN DIVISION (C) OF THIS      2,822        

SECTION.  THE AGENCY MAY ALSO SEND A NOTICE TO THE BOARD THAT      2,823        

GIVES THE NAME AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING     2,824        

NUMBER OF THE OBLIGOR AND STATES THAT THE OBLIGOR HAS FAILED TO    2,825        

COMPLY WITH A WARRANT OR SUBPOENA ISSUED BY A COURT OR CHILD       2,826        

SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO         2,827        

ENFORCE A CHILD SUPPORT ORDER.                                     2,828        

      (C)  Notice shall be sent to the individual described in     2,831        

division (B) of this section by first class mail IN COMPLIANCE                  

WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE.  The  2,832        

notice shall specify that a court or agency has determined the     2,833        

individual to be in default under a child support order OR THAT    2,834        

THE INDIVIDUAL IS AN OBLIGOR WHO HAS FAILED TO COMPLY WITH A       2,835        

SUBPOENA OR WARRANT ISSUED BY A COURT OR AGENCY WITH RESPECT TO A  2,836        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, that a notice         2,837        

containing the individual's name and social security number or     2,839        

other identification number may be sent under division (B) of      2,840        

                                                          68     

                                                                 
this section to every board that has authority to issue or has     2,841        

issued the individual a license, and that, if the board receives   2,842        

that notice and determines that the individual is the individual   2,844        

named in that notice and the board has not received notice under   2,845        

division (D) of this section, all of the following will occur:     2,846        

      (1)  The board will not issue any license to the individual  2,848        

or renew any license of the individual;                            2,849        

      (2)  The board will suspend any license of the individual    2,851        

if it determines that the individual is the individual named in    2,852        

the notice sent to the board under division (B) of this section;   2,854        

      (3)  If the individual is the individual named in the        2,856        

notice, the board will not issue any license to the individual,    2,858        

and will not reinstate a suspended license, until the board        2,859        

receives a notice under division (D) of this section.              2,860        

      (D)(1)  An agency that sent a notice to a board under        2,863        

division (B)(1) of this section shall send to each board to which  2,864        

it sent the notice a further notice that the individual is not in  2,865        

default under a child support order if it determines that the      2,866        

individual is not in default or any of the following occurs:       2,867        

      (1)(a)  The individual makes full payment to the agency      2,869        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR,  2,871        

PURSUANT TO DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED      2,872        

CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY of the arrearage that   2,875        

was the basis for the court or agency determination that the                    

individual was in default;                                         2,876        

      (2)(b)  An appropriate withholding or deduction notice or    2,878        

other appropriate order has been issued pursuant to section        2,880        

3113.21 of the Revised Code to collect current support and any     2,881        

arrearage due under the child support order that was in default    2,882        

and the individual is complying with the notice or order;          2,883        

      (3)(c)  A new child support order has been issued or the     2,885        

child support order that was in default has been modified as       2,887        

provided under sections 3113.21 to 3113.219 of the Revised Code    2,888        

to collect current support and any arrearage due under the child   2,889        

                                                          69     

                                                                 
support order that was in default and the individual is complying  2,890        

with the new or modified child support order.                      2,891        

      The agency shall send the notice under this division not     2,893        

later than seven days after the agency determines the individual   2,894        

is not in default or that any of the circumstances specified in    2,895        

division (D)(1), (2), or (3)(a), (b), OR (c) of this section has   2,897        

occurred.                                                                       

      (2)  AN AGENCY THAT SENT A NOTICE TO A BOARD UNDER DIVISION  2,900        

(B)(2) OF THIS SECTION SHALL SEND TO EACH BOARD TO WHICH IT SENT   2,901        

THE NOTICE A FURTHER NOTICE THAT THE OBLIGOR IS NO LONGER OUT OF   2,902        

COMPLIANCE IF THE COURT OR AGENCY THAT ISSUED THE WARRANT OR       2,903        

SUBPOENA REMOVES THE WARRANT OR DETERMINES THAT THE OBLIGOR HAS    2,904        

COMPLIED WITH THE SUBPOENA.                                        2,905        

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT     2,907        

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   2,908        

THE CIRCUMSTANCES SPECIFIED IN DIVISION (D)(2) HAS OCCURRED.       2,910        

      (E)(1)  A BOARD SHALL REQUIRE EACH APPLICATION FOR A         2,912        

LICENSE, OR RENEWAL OF A LICENSE, ISSUED BY THE BOARD TO INCLUDE   2,913        

THE APPLICANT'S SOCIAL SECURITY NUMBER.                            2,914        

      (2)  On receipt of a notice pursuant to division (B) of      2,917        

this section, a board shall determine whether the individual       2,918        

named in the notice holds or has applied for a license from the    2,919        

board.  If the board determines that the individual holds or has   2,921        

applied for a license and the individual is the individual named   2,922        

in the notice and does not receive a notice pursuant to division   2,923        

(D) of this section, the board may not issue a license to the      2,924        

individual, may not renew a license issued to the individual, and  2,925        

shall suspend any license issued to the individual.                             

      (2)(3)  The board shall maintain a file containing each      2,927        

notice it receives pursuant to division (B) of this section that   2,929        

names an individual who does not hold a license issued by the      2,930        

board.  On receipt of an application for a license from such an    2,931        

individual, the board shall proceed in accordance with division    2,932        

(E)(1)(2) of this section.                                                      

                                                          70     

                                                                 
      (3)(4)  Not later than seven days after receipt of a notice  2,934        

pursuant to division (D) of this section, the board shall, if the  2,937        

individual is otherwise eligible for the license and wants the     2,938        

license, issue a license to or renew a license of the individual,  2,939        

or if the individual's license was suspended pursuant to division  2,940        

(E)(1)(2) of this section, end the suspension.  The board may      2,942        

charge a fee of not more than fifty dollars to issue or renew or   2,943        

end the suspension of a license pursuant to this division.                      

      (4)(5)  Notwithstanding section 119.06 of the Revised Code,  2,946        

the board shall not hold any hearing in connection with an order   2,947        

refusing to issue or renew a license for, or suspending a license  2,948        

of, an individual pursuant to this section.                        2,949        

      (F)  The department of human services may adopt rules in     2,951        

accordance with Chapter 119. of the Revised Code to implement      2,952        

this section.                                                                   

      Sec. 2301.374.  (A)  The director of human services shall    2,961        

specify a date for the purposes of this section, which shall be    2,963        

the later of the date the support enforcement tracking system is   2,964        

expected to be operational in all the counties of the state, or    2,965        

the date that is six months after the effective date of this       2,966        

section NOVEMBER 15, 1997.                                                      

      (B)(1)(a)  If a court or child support enforcement agency    2,969        

makes a final and enforceable determination pursuant to division                

(B) of section 3113.21 of the Revised Code prior to the date       2,970        

specified under division (A) of this section that an individual    2,971        

is in default under a child support order, the agency              2,972        

administering or handling the child support order may determine    2,974        

whether the individual holds a commercial driver's license or      2,975        

commercial driver's temporary instruction permit issued by the     2,976        

registrar of motor vehicles or a deputy registrar or, if           2,977        

possible, whether the individual has applied, or is likely to      2,978        

apply, for such a license or permit.  If the agency determines     2,979        

that the individual holds, has applied for, or is likely to apply  2,980        

for, such a license or permit, it shall send the individual the    2,981        

                                                          71     

                                                                 
notice specified in division (B)(2) of this section.  The agency   2,982        

also may send a notice to the registrar of motor vehicles that     2,983        

gives the name and social security number or other identifying     2,984        

number of the individual and states that a court or agency has     2,985        

determined the individual to be in default under a child support   2,986        

order.                                                                          

      (b)  IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD  2,989        

SUPPORT ORDER PRIOR TO THE DATE SPECIFIED IN DIVISION (A) OF THIS  2,990        

SECTION FAILS, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY WITH  2,991        

A SUBPOENA OR WARRANT ISSUED BY THE COURT OR A CHILD SUPPORT       2,992        

ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A       2,993        

CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE CHILD SUPPORT    2,994        

ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A COMMERCIAL      2,995        

DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION      2,996        

PERMIT ISSUED BY THE REGISTRAR OF MOTOR VEHICLES OR A DEPUTY       2,997        

REGISTRAR OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED, OR  2,998        

IS LIKELY TO APPLY, FOR SUCH A LICENSE OR PERMIT.  IF THE AGENCY   2,999        

DETERMINES THAT THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS       3,000        

LIKELY TO APPLY FOR, SUCH A LICENSE OR PERMIT, IT SHALL SEND THE   3,001        

INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (B)(2) OF THIS         3,003        

SECTION.  THE AGENCY MAY ALSO SEND A NOTICE TO THE REGISTRAR OF    3,004        

MOTOR VEHICLES THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR   3,005        

OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE     3,006        

INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED  3,007        

BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A   3,008        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER.                       3,009        

      (2)  Notice shall be sent to the individual described in     3,012        

division (B)(1) of this section by first class mail IN COMPLIANCE  3,013        

WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE.  The  3,014        

notice shall specify that a court or agency has determined the     3,016        

individual to be in default under a child support order OR THAT    3,017        

THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS   3,018        

FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR   3,019        

AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT     3,020        

                                                          72     

                                                                 
ORDER, that a notice containing the individual's name and social   3,021        

security number or other identification number may be sent under   3,022        

division (B)(1) of this section to the registrar, and that, if     3,024        

the registrar receives that notice and determines that the                      

individual is the individual named in that notice and the          3,025        

registrar has not received notice under division (B)(3) of this    3,027        

section, all of the following will occur:                                       

      (a)  The registrar and all deputy registrars will be         3,030        

prohibited from issuing to, or renewing for, the individual a      3,031        

commercial driver's license or commercial driver's temporary                    

instruction permit;                                                3,032        

      (b)  If the individual holds a commercial driver's license   3,034        

or commercial driver's temporary instruction permit, the           3,035        

registrar will impose a disqualification as defined in section     3,036        

4506.01 of the Revised Code with respect to the license or permit  3,038        

if the registrar determines that the individual is the individual  3,039        

named in the notice sent pursuant to division (B)(1) of this       3,040        

section;                                                                        

      (c)  If the individual is the individual named in the        3,042        

notice, the individual will not be issued, and the                 3,043        

disqualification will not be removed with respect to, any license  3,044        

or permit listed in division (B)(2) of this section until the      3,045        

registrar receives a notice under division (B)(3) of this          3,046        

section.                                                           3,047        

      (3)(a)  An agency that sent a notice under division          3,050        

(B)(1)(a) of this section shall send to the registrar a notice     3,052        

that the individual is not in default under a child support order  3,053        

if it determines that the individual is not in default or any of   3,054        

the following occurs:                                                           

      (a)(i)  The individual makes full payment to the agency      3,056        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR,  3,058        

PURSUANT TO DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED      3,059        

CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY of the arrearage that   3,061        

was the basis for the court or agency determination that the                    

                                                          73     

                                                                 
individual was in default;                                         3,062        

      (b)(ii)  An appropriate withholding or deduction notice or   3,064        

other appropriate order has been issued pursuant to section        3,067        

3113.21 of the Revised Code to collect current support and any     3,068        

arrearage due under the child support order that was in default    3,069        

and the individual is complying with the notice or order;          3,070        

      (c)(iii)  A new child support order has been issued or the   3,072        

child support order that was in default has been modified as       3,074        

provided under sections 3113.21 to 3113.219 of the Revised Code    3,075        

to collect current support and any arrearage due under the child   3,076        

support order that was in default and the individual is complying  3,077        

with the new or modified child support order.                      3,078        

      The agency shall send the notice under this division not     3,080        

later than seven days after it determines the individual is not    3,082        

in default or that any of the circumstances specified in division  3,083        

(B)(3)(a) of this section has occurred.                            3,086        

      (b)  AN AGENCY THAT SENT A NOTICE UNDER DIVISION (B)(1)(b)   3,089        

OF THIS SECTION SHALL SEND TO THE REGISTRAR A NOTICE THAT THE      3,091        

INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY   3,092        

THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR         3,093        

DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA.     3,094        

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT     3,096        

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   3,098        

THE CIRCUMSTANCES SPECIFIED IN DIVISION (B)(3)(b) HAS OCCURRED.    3,100        

      (4)(a)  On receipt of a notice pursuant to division (B)(1)   3,103        

of this section, the registrar shall determine whether the         3,104        

individual named in the notice holds or has applied for a          3,105        

commercial driver's license or commercial driver's temporary       3,106        

instruction permit.  If the registrar determines that the          3,107        

individual holds or has applied for a license or permit and the    3,108        

individual is the individual named in the notice and does not      3,109        

receive a notice pursuant to division (B)(3) of this section, the  3,110        

registrar immediately shall provide notice of the determination    3,112        

to each deputy registrar.  The registrar or a deputy registrar     3,113        

                                                          74     

                                                                 
may not issue to the individual and may not renew for the                       

individual a commercial driver's license or commercial driver's    3,114        

temporary instruction permit and the registrar shall impose a      3,115        

disqualification on the individual with respect to the license or  3,117        

permit held by the individual.                                                  

      (b)  The registrar shall maintain a list of names of         3,119        

individuals identified in notices sent to the registrar pursuant   3,121        

to division (B)(1) of this section that do not hold a commercial   3,122        

driver's license or commercial driver's temporary instruction      3,123        

permit.  The registrar shall update the list quarterly and         3,124        

provide each deputy registrar with a copy.  On receipt of an                    

application for such a license or permit from an individual who    3,125        

appears on the list, a deputy registrar shall notify the           3,126        

registrar.  On receipt of an application for such a license or     3,127        

permit from such an individual or on receipt of a notice from a    3,128        

deputy registrar pursuant to division (B)(4)(b) of this section,   3,129        

the registrar shall proceed in accordance with division (B)(4)(a)  3,131        

of this section.                                                   3,132        

      (c)  Not later than seven days after receipt of a notice     3,134        

pursuant to division (B)(3) of this section, the registrar shall   3,137        

notify each deputy registrar of the notice.  The registrar and     3,139        

each deputy registrar shall then, if the individual otherwise is                

eligible for the license or permit and wants the license or        3,140        

permit, issue a license or permit to, or renew a license or        3,142        

permit of, the individual, or, if a disqualification was imposed   3,143        

on the individual with respect to the individual's license or      3,144        

permit pursuant to division (B)(4)(a) of this section, remove the  3,146        

disqualification.  The registrar or a deputy registrar may charge  3,147        

a fee of not more than twenty-five dollars for issuing or          3,148        

renewing a license or permit for an individual or removing the     3,149        

disqualification imposed on the individual's license or permit     3,150        

pursuant to this division.                                                      

      (d)  Notwithstanding section 119.06 of the Revised Code,     3,153        

the registrar shall not hold any hearing in connection with an     3,154        

                                                          75     

                                                                 
order refusing to issue or renew a license or permit for, or       3,155        

imposing a disqualification with respect to a license or permit    3,156        

of, an individual pursuant to this section.                                     

      (C)(1)(a)  If a court or child support enforcement agency    3,159        

makes a final and enforceable determination pursuant to division                

(B) of section 3113.21 of the Revised Code on or after the date    3,160        

specified under division (A) of this section that an individual    3,162        

is in default under a child support order, the agency              3,163        

administering or handling the child support order may determine    3,165        

whether the individual holds a driver's or commercial driver's     3,166        

license, motorcycle operator's license or endorsement, temporary   3,167        

instruction permit, or commercial driver's temporary instruction   3,168        

permit issued by the registrar of motor vehicles or a deputy       3,169        

registrar or, if possible, whether the individual has applied, or  3,170        

is likely to apply, for such a license, endorsement, or permit.    3,171        

If the agency determines that the individual holds, has applied    3,172        

for, or is likely to apply for, such a license, endorsement, or    3,173        

permit, it shall send to the individual the notice specified in    3,174        

division (C)(2) of this section.  The agency also may send a       3,175        

notice to the registrar of motor vehicles that gives the name and  3,176        

social security number or other identifying number of the                       

individual and states that a court or agency has determined the    3,177        

individual to be in default under a child support order.           3,179        

      (b)  IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD  3,182        

SUPPORT ORDER ON OR AFTER THE DATE SPECIFIED IN DIVISION (A) OF    3,183        

THIS SECTION FAILS, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY  3,184        

WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT OR A CHILD SUPPORT  3,185        

ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A       3,186        

CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE CHILD SUPPORT                 

ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A DRIVER'S OR     3,188        

COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR      3,189        

ENDORSEMENT, TEMPORARY INSTRUCTION PERMIT, OR COMMERCIAL DRIVER'S  3,190        

TEMPORARY INSTRUCTION PERMIT ISSUED BY THE REGISTRAR OF MOTOR      3,191        

VEHICLES OR A DEPUTY REGISTRAR OR, IF POSSIBLE, WHETHER THE        3,192        

                                                          76     

                                                                 
INDIVIDUAL HAS APPLIED, OR IS LIKELY TO APPLY, FOR SUCH A          3,193        

LICENSE, ENDORSEMENT, OR PERMIT.  IF THE AGENCY DETERMINES THAT    3,194        

THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR,  3,195        

SUCH A LICENSE, ENDORSEMENT, OR PERMIT, IT SHALL SEND THE          3,196        

INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (C)(2) OF THIS         3,198        

SECTION.  THE AGENCY MAY ALSO SEND A NOTICE TO THE REGISTRAR OF    3,199        

MOTOR VEHICLES THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR   3,200        

OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE     3,201        

INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED  3,202        

BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A   3,203        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER.                       3,204        

      (2)  Notice shall be sent to the individual described in     3,207        

division (C)(1) of this section by first class mail IN COMPLIANCE  3,208        

WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE.  The  3,209        

notice shall specify that a court or agency has determined the     3,210        

individual to be in default under a child support order OR THAT    3,211        

THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS   3,213        

FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR   3,214        

AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT     3,215        

ORDER, that a notice containing the individual's name and social   3,216        

security number or other identification number may be sent under   3,217        

division (C)(1) of this section to the registrar, and that, if     3,219        

the registrar receives that notice and determines that the                      

individual is the individual named in that notice and the          3,220        

registrar has not received notice under division (C)(3) of this    3,222        

section, all of the following will occur:                          3,223        

      (a)  The registrar and all deputy registrars will be         3,225        

prohibited from issuing to the individual a driver's or            3,227        

commercial driver's license, motorcycle operator's license or      3,229        

endorsement, or temporary instruction permit or commercial         3,230        

driver's temporary instruction permit;                                          

      (b)  The registrar and all deputy registrars will be         3,232        

prohibited from renewing for the individual a driver's or          3,234        

commercial driver's license, motorcycle operator's license or      3,235        

                                                          77     

                                                                 
endorsement, or commercial driver's temporary instruction permit;  3,236        

      (c)  If the individual holds a driver's or commercial        3,238        

driver's license, motorcycle operator's license or endorsement,    3,239        

or temporary instruction permit or commercial driver's temporary   3,240        

instruction permit, it will be suspended if the registrar          3,241        

determines that the individual is the individual named in the      3,242        

notice sent pursuant to division (C)(1) of this section;           3,243        

      (d)  If the individual is the individual named in the        3,245        

notice the individual will not be issued or have renewed any       3,246        

license, endorsement, or permit, and no suspension will be lifted  3,247        

with respect to any license, endorsement, or permit listed in      3,248        

division (C)(2) of this section until the registrar receives a     3,250        

notice under division (C)(3) of this section.                                   

      (3)(a)  An agency that sent a notice under division          3,253        

(C)(1)(a) of this section shall send to the registrar a notice     3,255        

that the individual is not in default under a child support order  3,256        

if it determines that the individual is not in default or any of   3,257        

the following occurs:                                                           

      (a)(i)  The individual makes full payment to the agency      3,259        

DIVISION OF CHILD SUPPORT OR, PURSUANT TO DIVISION (I)(4) OF       3,260        

SECTION 2301.35 OF THE REVISED CODE, THE CHILD SUPPORT             3,261        

ENFORCEMENT AGENCY of the arrearage that was the basis for the     3,262        

court or agency determination that the individual was in default;  3,264        

      (b)(ii)  An appropriate withholding or deduction notice or   3,266        

other appropriate order has been issued pursuant to section        3,269        

3113.21 of the revised code to collect current support and any     3,270        

arrearage due under the child support order that was in default    3,271        

and the individual is complying with the notice or order;          3,272        

      (c)(iii)  A new child support order has been issued or the   3,274        

child support order that was in default has been modified as       3,277        

provided under sections 3113.21 to 3113.219 of the Revised Code    3,278        

to collect current support and any arrearage due under the child   3,279        

support order that was in default and the individual is complying  3,280        

with the new or modified child support order.                      3,281        

                                                          78     

                                                                 
      The agency shall send the notice under this division not     3,283        

later than seven days after it determines the individual is not    3,285        

in default or that any of the circumstances specified in division  3,286        

(C)(3)(a) of this section has occurred.                                         

      (b)  AN AGENCY THAT SENT A NOTICE UNDER DIVISION (C)(1)(b)   3,289        

OF THIS SECTION SHALL SEND TO THE REGISTRAR A NOTICE THAT THE      3,291        

INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY   3,292        

THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR         3,293        

DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA.     3,294        

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT     3,296        

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   3,298        

THE CIRCUMSTANCES SPECIFIED IN DIVISION (C)(3)(b) HAS OCCURRED.    3,300        

      (4)(a)  On receipt of a notice pursuant to division (C)(1)   3,303        

of this section, the registrar shall determine whether the         3,304        

individual named in the notice holds or has applied for a          3,305        

driver's license or commercial driver's license, motorcycle        3,306        

operator's license or endorsement, or temporary instruction        3,307        

permit or commercial driver's temporary instruction permit.  If    3,308        

the registrar determines that the individual holds or has applied               

for a license, permit, or endorsement and the individual is the    3,310        

individual named in the notice and does not receive a notice       3,311        

pursuant to division (C)(3) of this section, the registrar         3,312        

immediately shall provide notice of the determination to each      3,314        

deputy registrar.  The registrar or a deputy registrar may not     3,315        

issue to the individual a driver's or commercial driver's                       

license, motorcycle operator's license or endorsement, or          3,316        

temporary instruction permit or commercial driver's temporary      3,317        

instruction permit and may not renew for the individual a          3,319        

driver's or commercial driver's license, motorcycle operator's                  

license or endorsement, or commercial driver's temporary           3,320        

instruction permit.  The registrar or a deputy registrar also      3,321        

shall suspend a license, permit, or endorsement held by the        3,322        

individual.                                                                     

      (b)  The registrar shall maintain a list of names of         3,324        

                                                          79     

                                                                 
individuals identified in notices sent to the registrar pursuant   3,326        

to division (C)(1) of this section that do not hold a driver's or  3,327        

commercial driver's license, motorcycle operator's license or      3,328        

endorsement, or temporary instruction permit or commercial         3,329        

driver's temporary instruction permit.  The registrar shall        3,330        

update the list quarterly and provide each deputy registrar with   3,331        

a copy.  On receipt of an application for such a license, permit,  3,332        

or endorsement from an individual who appears on the list, a       3,333        

deputy registrar shall notify the registrar.  On receipt of an     3,334        

application for such a license, permit, or endorsement from such   3,335        

an individual or on receipt of a notice from a deputy registrar    3,337        

pursuant to division (C)(4)(b) of this section, the registrar      3,339        

shall proceed in accordance with division (C)(4)(a) of this        3,341        

section.                                                                        

      (c)  Not later than seven days after receipt of a notice     3,343        

pursuant to division (C)(3) of this section, the registrar shall   3,346        

notify each deputy registrar of the notice.  The registrar and     3,347        

each deputy registrar shall then, if the individual otherwise is                

eligible for the license, permit, or endorsement and wants the     3,348        

license, permit, or endorsement, issue a license, permit, or       3,349        

endorsement to, or renew a license, permit, or endorsement of,     3,351        

the individual, or, if the individual's license, permit, or        3,353        

endorsement was suspended pursuant to division (C)(4)(a) of this   3,354        

section, remove the suspension.  The registrar or a deputy         3,356        

registrar may charge a fee of not more than twenty-five dollars    3,357        

for issuing or renewing or removing the suspension of a license    3,358        

pursuant to this division.                                                      

      (d)  Notwithstanding section 119.06 of the Revised Code,     3,360        

the registrar shall not hold any hearing in connection with an     3,362        

order refusing to issue or renew a license, permit, or             3,363        

endorsement for, or suspending a license, permit, or endorsement   3,364        

of, an individual pursuant to this section.                                     

      (D)  The department of human services may adopt rules in     3,367        

accordance with Chapter 119. of the Revised Code to implement      3,368        

                                                          80     

                                                                 
this section.                                                                   

      Sec. 2301.375.  (A)  AS USED IN THIS SECTION, "RECREATIONAL  3,371        

LICENSE" MEANS ANY LICENSE, PERMIT, OR STAMP ISSUED PURSUANT TO                 

SECTION 1533.10, 1533.11, 1533.111, 1533.112, OR 1533.32 OF THE    3,373        

REVISED CODE.                                                                   

      (B)  IF A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAKES A  3,376        

FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO DIVISION (B) OF    3,378        

SECTION 3113.21 OF THE REVISED CODE THAT AN INDIVIDUAL IS IN       3,381        

DEFAULT UNDER A CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE  3,382        

CHILD SUPPORT ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A   3,384        

RECREATIONAL LICENSE OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS   3,385        

APPLIED FOR, OR IS LIKELY TO APPLY FOR, SUCH A LICENSE.  IF THE    3,386        

AGENCY DETERMINES THAT THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR   3,387        

IS LIKELY TO APPLY FOR, SUCH A LICENSE, IT SHALL FOLLOW            3,388        

PROCEDURES THAT ARE SUBSTANTIVELY THE SAME AS THOSE SET FORTH IN   3,389        

DIVISIONS (B) TO (D) OF SECTION 2301.373 OF THE REVISED CODE AND   3,391        

THE DIVISION OF WILDLIFE SHALL FOLLOW PROCEDURES THAT ARE          3,392        

SUBSTANTIVELY THE SAME AS THOSE SET FORTH IN DIVISION (E) OF       3,393        

SECTION 2301.373 OF THE REVISED CODE WITH RESPECT TO THE LICENSE   3,395        

IF BOTH OF THE FOLLOWING APPLY:                                                 

      (1)  THE DIVISION OF WILDLIFE HAS IMPLEMENTED A COMPUTER     3,397        

SYSTEM THAT MAINTAINS LICENSE NUMBERS FOR LICENSES ISSUED BY THE   3,399        

DIVISION, THE NAMES OF PERSONS TO WHOM LICENSES ARE ISSUED, AND    3,400        

THE SOCIAL SECURITY NUMBERS OF PERSONS TO WHOM LICENSES ARE        3,401        

ISSUED;                                                                         

      (2)  THE DIVISION HAS ESTABLISHED SAFEGUARDS THAT ELIMINATE  3,404        

THE RISK THAT SOCIAL SECURITY NUMBERS PROVIDED TO THE DIVISION     3,405        

FOR THE PURPOSE OF CHILD SUPPORT ENFORCEMENT MAY BE USED FOR       3,406        

PURPOSES OTHER THAN THOSE PERMITTED BY FEDERAL LAW.                3,407        

      (C)  THE DEPARTMENT OF HUMAN SERVICES MAY ADOPT RULES IN     3,410        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT      3,413        

THIS SECTION.                                                      3,414        

      Sec. 2301.43.  (A)  IF A COURT OR A CHILD SUPPORT            3,417        

ENFORCEMENT AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION     3,418        

                                                          81     

                                                                 
PURSUANT TO DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE    3,421        

THAT AN OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE AGENCY    3,422        

ADMINISTERING THE SUPPORT ORDER MAY ASSERT A LIEN ON REAL AND      3,424        

PERSONAL PROPERTY OF THE OBLIGOR LOCATED IN THE STATE.             3,425        

      (B)(1)  THE AMOUNT OF THE ARREARAGE DUE UNDER THE SUPPORT    3,428        

ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO DIVISION (B) OF      3,430        

SECTION 3113.21 OF THE REVISED CODE AND ANY AMOUNTS DUE FOR        3,432        

CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER THE DATE THE        3,433        

DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN AGAINST ALL        3,434        

PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE       3,435        

OBLIGOR THAT IS SITUATED IN THIS STATE.  THE LIEN MAY BE FILED     3,436        

WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH THE  3,438        

PERSONAL PROPERTY IS LOCATED.  THE AMOUNT OF THE ARREARAGE DUE                  

UNDER THE SUPPORT ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO    3,440        

DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE AND ANY        3,441        

AMOUNTS DUE FOR CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER     3,442        

THE DATE THE DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN       3,443        

AGAINST REAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE   3,444        

OBLIGOR AFTER THE LIEN IS FILED WITH A COUNTY RECORDER OF THIS     3,445        

STATE IN WHICH THE REAL PROPERTY IS LOCATED.  A LIEN MAY BE FILED  3,446        

WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH      3,447        

REAL PROPERTY OF THE OBLIGOR IS LOCATED.  IN RECORDING THE LIEN,   3,449        

IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL TAKE     3,450        

ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE REVISED      3,451        

CODE.  THE COUNTY RECORDER MAY BE COMPENSATED FOR LIENS FILED      3,452        

UNDER THIS SECTION PURSUANT TO THE DEVELOPMENT OF UNIT COSTS THAT  3,453        

ARE REIMBURSED UNDER THE PROVIDER CONTRACT ENTERED INTO PURSUANT   3,454        

TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975),  3,456        

42 U.S.C. 651, AS AMENDED.                                                      

      (2)  ON RECEIVING A COPY OF A LIEN FILED IN ANOTHER STATE    3,458        

THAT IS SIMILAR TO A LIEN DESCRIBED IN DIVISION (B)(1) OF THIS     3,460        

SECTION, A COPY OF THE ORDER FOR CHILD SUPPORT THAT IS THE BASIS   3,461        

OF THE LIEN, AND A COPY OF THE COURT OR ADMINISTRATIVE             3,462        

DETERMINATION FINDING THE OBLIGOR TO BE IN DEFAULT UNDER THE       3,463        

                                                          82     

                                                                 
CHILD SUPPORT ORDER, THE DIVISION OF CHILD SUPPORT IN THE          3,464        

DEPARTMENT OF HUMAN SERVICES SHALL EXAMINE THE LIEN AND THE OTHER  3,465        

DOCUMENTS AND DETERMINE WHETHER THE LIEN IS IN COMPLIANCE WITH     3,466        

FEDERAL CHILD SUPPORT LAW AND REGULATIONS.  IF THE DIVISION        3,467        

DETERMINES THAT THE LIEN IS IN COMPLIANCE, THE DIVISION SHALL      3,468        

DETERMINE THE COUNTIES OF THIS STATE IN WHICH IS LOCATED REAL OR   3,469        

PERSONAL PROPERTY OF THE OBLIGOR THAT MAY BE SUBJECTED TO THE      3,470        

LIEN.  ON MAKING THE DETERMINATION, THE DIVISION SHALL SEND A      3,471        

COPY OF THE LIEN TO THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE    3,472        

COUNTY IN WHICH THE OBLIGOR'S REAL OR PERSONAL PROPERTY IS         3,473        

LOCATED.  THE AGENCY SHALL FILE THE LIEN WITH THE COUNTY RECORDER  3,474        

OF THE COUNTY IN WHICH THE AGENCY IS LOCATED.  IN RECORDING THE    3,475        

LIEN, IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL    3,476        

TAKE ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE         3,479        

REVISED CODE.  ONCE FILED, THE LIEN SHALL BE AGAINST ALL REAL AND  3,481        

PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE       3,482        

OBLIGOR THAT IS SITUATED IN THAT COUNTY.  EVERY COURT, THE         3,483        

DIVISION, AND EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL GIVE     3,484        

FULL FAITH AND CREDIT TO A LIEN ESTABLISHED BY AN AUTHORIZED       3,485        

AGENCY OF ANOTHER STATE THAT IS OF THE TYPE DESCRIBED IN DIVISION  3,486        

(B)(1) OF THIS SECTION.                                            3,487        

      (C)  THE LIEN FILED WITH THE COUNTY RECORDER SHALL BE        3,490        

EFFECTIVE UNTIL THE COUNTY RECORDER DISCHARGES THE LIEN.  THE      3,491        

COUNTY RECORDER SHALL DISCHARGE THE LIEN WITHIN FIVE DAYS AFTER    3,492        

THE AGENCY FILES A NOTICE PURSUANT TO DIVISION (D) OF THIS         3,493        

SECTION REQUESTING THAT THE LIEN BE DISCHARGED.                    3,494        

      (D)  THE AGENCY SHALL FILE A NOTICE REQUESTING THAT THE      3,497        

COUNTY RECORDER DISCHARGE THE LIEN IF ONE OF THE FOLLOWING         3,498        

APPLIES:                                                                        

      (1)  THE LIEN IS SATISFIED THROUGH AN ACTION PURSUANT TO     3,501        

SECTION 2301.45 OF THE REVISED CODE;                                            

      (2)  THE OBLIGOR MAKES FULL PAYMENT OF THE ARREARAGE TO THE  3,503        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR,  3,505        

PURSUANT TO DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED      3,506        

                                                          83     

                                                                 
CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS THE BASIS OF    3,508        

THE LIEN;                                                                       

      (3)  AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR       3,510        

OTHER APPROPRIATE ORDER HAS BEEN ISSUED PURSUANT TO SECTION        3,511        

3113.21 OF THE REVISED CODE TO COLLECT CURRENT SUPPORT AND ANY     3,514        

ARREARAGE DUE UNDER THE SUPPORT ORDER THAT WAS IN DEFAULT AND THE  3,515        

OBLIGOR IS COMPLYING WITH THE NOTICE OR ORDER;                     3,516        

      (4)  A NEW SUPPORT ORDER HAS BEEN ISSUED OR THE SUPPORT      3,519        

ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED AS PROVIDED UNDER      3,520        

SECTIONS 3113.21 TO 3113.219 OF THE REVISED CODE TO COLLECT        3,521        

CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE SUPPORT ORDER      3,522        

THAT WAS IN DEFAULT AND THE OBLIGOR IS COMPLYING WITH THE NEW OR   3,523        

MODIFIED SUPPORT ORDER;                                            3,524        

      (5)  THE AGENCY RELEASES THE LIEN PURSUANT TO SECTION        3,526        

2301.46 OF THE REVISED CODE.                                       3,527        

      (E)  A LIEN IMPOSED PURSUANT TO THIS SECTION SHALL HAVE      3,530        

PRIORITY OVER LIENS, MORTGAGES, SECURITY INTERESTS, OR OTHER       3,531        

TYPES OF ENCUMBRANCES THAT ARE ASSOCIATED WITH THE REAL AND        3,532        

PERSONAL PROPERTY SUBJECT TO THE LIEN IMPOSED BY THIS SECTION AND  3,533        

THAT ARISE AFTER THE DATE THE LIEN IS FILED PURSUANT TO THIS       3,534        

SECTION.  A LIEN IMPOSED PURSUANT TO THIS SECTION SHALL NOT HAVE   3,535        

PRIORITY OVER LIENS, MORTGAGES, SECURITY INTERESTS, OR OTHER       3,536        

TYPES OF ENCUMBRANCES ASSOCIATED WITH THE REAL AND PERSONAL        3,537        

PROPERTY SUBJECT TO THE LIEN IMPOSED BY THIS SECTION THAT AROSE                 

ON OR BEFORE THE DATE THE LIEN WAS FILED PURSUANT TO THIS          3,538        

SECTION.                                                                        

      Sec. 2301.44.  (A)  A CHILD SUPPORT ENFORCEMENT AGENCY       3,541        

SHALL, NO LATER THAN TEN DAYS AFTER FILING A LIEN PURSUANT TO      3,542        

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     3,543        

SUBJECT TO THE LIEN AND THE PERSON OR STATE AGENCY IN POSSESSION   3,544        

OR CONTROL OF ANY REAL OR PERSONAL PROPERTY OF THE OBLIGOR.        3,545        

      (B)  ANY PERSON OR STATE AGENCY, AFTER SERVICE DESCRIBED IN  3,548        

DIVISION (A) OF THIS SECTION, THAT RELEASES, SELLS, TRANSFERS, OR  3,550        

                                                          84     

                                                                 
CONVEYS REAL OR PERSONAL PROPERTY SUBJECT TO THE LIEN TO OR FOR    3,551        

THE BENEFIT OF THE OBLIGOR OR ANY OTHER PERSON OR FAILS OR         3,552        

REFUSES TO SURRENDER PROPERTY FOR THE EXECUTION SALE PURSUANT TO   3,553        

SECTION 2301.45 OF THE REVISED CODE SHALL BE LIABLE FOR THE                     

SUPPORT ARREARAGES THAT ARE THE BASIS OF THE LIEN PLUS COSTS,      3,555        

INTEREST, AND REASONABLE ATTORNEY'S FEES OF THE OPPOSING PARTY.                 

      Sec. 2301.45.  (A)  A CHILD SUPPORT ENFORCEMENT AGENCY IS    3,558        

ENTITLED TO HAVE, AND MAY CAUSE, REAL AND PERSONAL PROPERTY        3,559        

SUBJECT TO A LIEN ESTABLISHED PURSUANT TO SECTION 2301.43 OF THE   3,560        

REVISED CODE TO BE SOLD PURSUANT TO THIS SECTION.                  3,561        

      (B)(1)(a)  TO OBTAIN A SALE OF PROPERTY SUBJECT TO THE       3,564        

LIEN, THE AGENCY SHALL FILE, WITH THE APPROPRIATE COURT OF THE     3,565        

COUNTY IN WHICH THE PROPERTY IS LOCATED, AS DESCRIBED IN DIVISION  3,566        

(B)(2) OF THIS SECTION, A COMPLAINT STATING THAT THE AGENCY HAS    3,567        

OBTAINED A LIEN ON REAL AND PERSONAL PROPERTY OF THE OBLIGOR THAT  3,568        

IS LOCATED IN THE COUNTY AND THAT, PURSUANT TO DIVISION (A) OF     3,570        

THIS SECTION, THE AGENCY IS ENTITLED TO HAVE THE PROPERTY SOLD TO  3,571        

OBTAIN CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY OVERDUE   3,572        

AND ASKS THE COURT TO ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY  3,573        

AN EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED  3,575        

CODE.  THE AGENCY SHALL ESTABLISH, TO THE SATISFACTION OF THE      3,577        

COURT, AT A HEARING DESCRIBED IN DIVISION (B)(1)(b) OF THIS        3,579        

SECTION THAT THE AGENCY HAS OBTAINED THE LIEN AND IS ENTITLED TO   3,580        

THE REQUESTED ORDER.                                                            

      (b)  ON RECEIPT OF A COMPLAINT DESCRIBED IN DIVISION         3,583        

(B)(1)(a) OF THIS SECTION, THE COURT SHALL CONDUCT A HEARING       3,584        

EXPEDITIOUSLY.  IF, AT THE HEARING, THE COURT DETERMINES THAT IT   3,585        

HAS JURISDICTION IN THE MATTER IN ACCORDANCE WITH DIVISION (B)(2)  3,587        

OF THIS SECTION AND THAT THE AGENCY HAS OBTAINED A LIEN PURSUANT   3,588        

TO SECTION 2301.43 OF THE REVISED CODE AND IS ENTITLED, PURSUANT   3,590        

TO DIVISION (A) OF THIS SECTION, TO HAVE THE REAL AND PERSONAL     3,591        

PROPERTY OF THE OBLIGOR IN THE COUNTY SOLD BY EXECUTION SALE TO    3,592        

OBTAIN THE CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY       3,593        

OVERDUE, THE COURT SHALL ISSUE AN ORDER THAT THE PROPERTY BE SOLD  3,595        

                                                          85     

                                                                 
BY EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED  3,596        

CODE.                                                                           

      (2)  THE COMPLAINT DESCRIBED IN DIVISION (B)(1)(a) OF THIS   3,599        

SECTION SHALL BE FILED IN THE COURT AS FOLLOWS:                    3,600        

      (a)  IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT  3,603        

IN THE COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, IN     3,604        

THAT COURT;                                                                     

      (b)  IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT  3,607        

OF ANOTHER STATE OR BY A COURT LOCATED IN A COUNTY OTHER THAN THE  3,608        

COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, THE COURT OF  3,609        

COMMON PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED.       3,610        

      (C)  A SALE OF REAL OR PERSONAL PROPERTY PURSUANT TO THIS    3,613        

SECTION EXTINGUISHES THE LIEN ASSOCIATED WITH THE PROPERTY.        3,614        

      Sec. 2301.46.  (A)  A CHILD SUPPORT ENFORCEMENT AGENCY MAY   3,616        

AT ANY TIME RELEASE A LIEN IMPOSED PURSUANT TO SECTION 2301.43 OF  3,617        

THE REVISED CODE, ON ALL OR PART OF THE PROPERTY OF THE OBLIGOR,   3,619        

OR RETURN SEIZED PROPERTY WITHOUT LIABILITY, IF ASSURANCE OF       3,620        

PAYMENT IS DEEMED ADEQUATE BY THE AGENCY, OR THE RELEASE WILL      3,621        

FACILITATE THE COLLECTION OF THE ARREARAGE FOR WHICH THE LIEN WAS  3,622        

IMPOSED.  THE RELEASE OR RETURN SHALL NOT OPERATE TO PREVENT       3,623        

FUTURE ACTION TO COLLECT THE ARREARAGE.                            3,624        

      (B)  OBTAINING A LIEN UNDER SECTION 2301.43 OF THE REVISED   3,627        

CODE DOES NOT AFFECT ANY OTHER LEGAL REMEDIES AVAILABLE AGAINST    3,628        

OBLIGORS OR THEIR PROPERTY BY PERSONS ENTITLED TO RECEIVE CHILD    3,629        

SUPPORT THAT IS IN ARREARS OR OTHERWISE DUE, INCLUDING THE USE OF  3,630        

A JUDGMENT LIEN UNDER CHAPTER 2329. OF THE REVISED CODE.           3,631        

      Sec. 2705.02.  A person guilty of any of the following acts  3,640        

may be punished as for a contempt:                                 3,641        

      (A)  Disobedience of, or resistance to, a lawful writ,       3,643        

process, order, rule, judgment, or command of a court or officer;  3,644        

      (B)  Misbehavior of an officer of the court in the           3,646        

performance of official duties, or in official transactions;       3,648        

      (C)  A failure to obey a subpoena duly served, or a refusal  3,650        

to be sworn or to answer as a witness, when lawfully required;     3,651        

                                                          86     

                                                                 
      (D)  The rescue, or attempted rescue, of a person or of      3,653        

property in the custody of an officer by virtue of an order or     3,654        

process of court held by the officer;                              3,655        

      (E)  A failure upon the part of a person recognized to       3,657        

appear as a witness in a court to appear in compliance with the    3,658        

terms of the person's recognizance;                                3,659        

      (F)  A failure to comply with an order issued pursuant to    3,661        

section 3111.20, 3111.21 3111.211, OR 3111.22, or 3111.241 of the  3,663        

Revised Code or a withholding or deduction notice issued under     3,664        

section 3111.23 of the Revised Code.;                                           

      (G)  A FAILURE TO OBEY A SUBPOENA ISSUED BY THE DEPARTMENT   3,666        

OF HUMAN SERVICES OR A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT   3,667        

TO SECTION 5101.37 OF THE REVISED CODE;                            3,668        

      (H)  A WILLFUL FAILURE TO SUBMIT TO GENETIC TESTING, OR A    3,671        

WILLFUL FAILURE TO SUBMIT A CHILD TO GENETIC TESTING, AS REQUIRED  3,672        

BY AN ORDER FOR GENETIC TESTING ISSUED UNDER SECTION 3111.22 OF    3,673        

THE REVISED CODE.                                                  3,674        

      Sec. 2919.21.  (A)  No person shall abandon, or fail to      3,683        

provide adequate support to:                                       3,684        

      (1)  The person's spouse, as required by law;                3,686        

      (2)  The person's child who is under age eighteen, or        3,689        

mentally or physically handicapped child who is under age          3,690        

twenty-one;                                                                     

      (3)  The person's aged or infirm parent or adoptive parent,  3,692        

who from lack of ability and means is unable to provide            3,693        

adequately for the parent's own support;.                          3,694        

      (B)  No person shall abandon, or fail to provide support as  3,696        

established by a court order to, another person whom, by court     3,697        

order or decree, the person is legally obligated to support.       3,698        

      (C)  No person shall aid, abet, induce, cause, encourage,    3,700        

or contribute to a child or a ward of the juvenile court becoming  3,701        

a dependent child, as defined in section 2151.04 of the Revised    3,702        

Code, or a neglected child, as defined in section 2151.03 of the   3,703        

Revised Code.                                                      3,704        

                                                          87     

                                                                 
      (D)  It is an affirmative defense to a charge of failure to  3,706        

provide adequate support under division (A) of this section or a   3,707        

charge of failure to provide support established by a court order  3,708        

under division (B) of this section that the accused was unable to  3,709        

provide adequate support or the established support but did        3,710        

provide the support that was within the accused's ability and                   

means.                                                                          

      (E)  It is an affirmative defense to a charge under          3,712        

division (A)(3) of this section that the parent abandoned the      3,713        

accused or failed to support the accused as required by law,       3,714        

while the accused was under age eighteen, or was mentally or       3,715        

physically handicapped and under age twenty-one.                   3,716        

      (F)  It is not a defense to a charge under division (B) of   3,718        

this section that the person whom a court has ordered the accused  3,719        

to support is being adequately supported by someone other than     3,720        

the accused.                                                                    

      (G)(1) Except as otherwise provided in this division,        3,722        

whoever violates division (A) or (B) of this section is guilty of  3,723        

nonsupport of dependents, a misdemeanor of the first degree.  If   3,724        

the offender previously has been convicted of or pleaded guilty    3,726        

to a violation of division (A)(2) or (B) of this section or if     3,727        

the offender has failed to provide support under division (A)(2)   3,728        

or (B) of this section for a total accumulated period of           3,729        

twenty-six weeks out of one hundred four consecutive weeks,        3,730        

whether or not the twenty-six weeks were consecutive, then a       3,731        

violation of division (A)(2) or (B) of this section is a felony    3,732        

of the fifth degree.  If the offender previously has been                       

convicted of or pleaded guilty to a felony violation of this       3,733        

section, a violation of division (A)(2) or (B) of this section is  3,734        

a felony of the fourth degree.  If the offender is guilty of       3,735        

nonsupport of dependents by reason of failing to provide support   3,736        

to the offender's child as required by a child support order       3,737        

issued on or after April 15, 1985, pursuant to section 2151.23,                 

2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04,   3,739        

                                                          88     

                                                                 
3113.31, or 3115.22 3115.31 of the Revised Code, the court, in     3,741        

addition to any other sentence imposed, shall assess all court     3,742        

costs arising out of the charge against the person and require     3,743        

the person to pay any reasonable attorney's fees of any adverse    3,744        

party other than the state, as determined by the court, that       3,745        

arose in relation to the charge.                                                

      (2)  Whoever violates division (C) of this section is        3,747        

guilty of contributing to the nonsupport of dependents, a          3,748        

misdemeanor of the first degree.  Each day of violation of         3,749        

division (C) of this section is a separate offense.                3,750        

      Sec. 2919.231.  (A)  No person, by using physical            3,759        

harassment or threats of violence against another person, shall    3,760        

interfere with the other person's initiation or continuance of,    3,762        

or attempt to prevent the other person from initiating or                       

continuing, an action to issue or modify a support order under     3,763        

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        3,764        

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     3,766        

3111.13, 3113.04, 3113.07, or 3113.31 of the Revised Code.         3,767        

      (B)  Whoever violates this section is guilty of interfering  3,769        

with an action to issue or modify a support order, a misdemeanor   3,770        

of the first degree.  If the offender previously has been          3,771        

convicted of or pleaded guilty to a violation of this section or   3,772        

of section 3111.29 of the Revised Code, interfering with an        3,773        

action to issue or modify a support order is a felony of the       3,774        

fifth degree.                                                      3,775        

      Sec. 3103.03.  (A)  Each married person must support         3,784        

himself or herself THE PERSON'S SELF and his or her spouse out of  3,786        

his or her THE PERSON'S property or by his or her THE PERSON'S     3,787        

labor.  If a married person is unable to do so, the spouse of the  3,789        

married person must assist in the support so far as the spouse is  3,790        

able.  The biological or adoptive parent of a minor child must     3,791        

support his or her THE PARENT'S minor children out of his or her   3,793        

THE PARENT'S property or by his or her THE PARENT'S labor.         3,794        

      (B)  Notwithstanding section 3109.01 of the Revised Code,    3,796        

                                                          89     

                                                                 
the parental duty of support to children, including the duty of a  3,797        

parent to pay support pursuant to a child support order, shall     3,798        

continue beyond the age of majority as long as the child           3,799        

continuously attends on a full-time basis any recognized and       3,800        

accredited high school, THE CHILD HAS A DEVELOPMENTAL DISABILITY   3,802        

AS DEFINED IN SECTION 5123.01 OF THE REVISED CODE, OR A            3,804        

COURT-ISSUED CHILD SUPPORT ORDER PROVIDES THAT THE DUTY OF         3,805        

SUPPORT CONTINUES BEYOND THE AGE OF MAJORITY.  EXCEPT IN CASES IN  3,806        

WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY OR A CHILD SUPPORT  3,807        

ORDER REQUIRES THE DUTY OF SUPPORT TO CONTINUE FOR ANY PERIOD      3,808        

AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN   3,809        

IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  That duty of      3,810        

support shall continue during seasonal vacation periods.           3,811        

      (C)  If a married person neglects to support his or her THE  3,813        

PERSON'S spouse in accordance with this section, any other         3,815        

person, in good faith, may supply the spouse with necessaries for  3,816        

the support of the spouse and recover the reasonable value of the  3,817        

necessaries supplied from the married person who neglected to      3,818        

support the spouse unless the spouse abandons that person without  3,819        

cause.                                                                          

      (D)  If a parent neglects to support his or her THE          3,821        

PARENT'S minor child in accordance with this section and if the    3,823        

minor child in question is unemancipated, any other person, in     3,824        

good faith, may supply the minor child with necessaries for the    3,825        

support of the minor child and recover the reasonable value of     3,826        

the necessaries supplied from the parent who neglected to support  3,827        

the minor child.                                                   3,828        

      (E)  If a decedent during his THE DECEDENT'S lifetime has    3,830        

purchased an irrevocable preneed funeral contract pursuant to      3,833        

section 1109.75 of the Revised Code, then the duty of support      3,834        

owed to a spouse pursuant to this section does not include an      3,836        

obligation to pay for the funeral expenses of the deceased         3,837        

spouse.  This division does not preclude a surviving spouse from   3,838        

assuming by contract the obligation to pay for the funeral         3,839        

                                                          90     

                                                                 
expenses of the deceased spouse.                                   3,840        

      Sec. 3103.031.  A biological parent of a child, a man        3,849        

determined to be the natural father of a child under sections      3,850        

3111.01 to 3111.19 or 3111.20 to 3111.29 of the Revised Code, a    3,851        

parent who adopts a minor child pursuant to Chapter 3107. of the   3,852        

Revised Code, a parent who acknowledges parentage on the child's   3,853        

birth certificate as provided in section 3705.09 of the Revised    3,854        

Code, or a parent whose signed acknowledgment of paternity is      3,855        

entered upon the probate court's journal under HAS BECOME FINAL    3,856        

PURSUANT TO section 2105.18 2151.232, 3111.211, OR 5101.314 of     3,858        

the Revised Code assumes the parental duty of support for that     3,859        

child.  Notwithstanding section 3109.01 of the Revised Code, the                

parental duty of support to the child shall continue beyond the    3,860        

age of majority as long as the child continuously attends on a     3,861        

full-time basis any recognized and accredited high school, THE     3,863        

CHILD HAS A DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION         3,864        

5123.01 OF THE REVISED CODE, OR A COURT-ISSUED CHILD SUPPORT       3,866        

ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES BEYOND THE AGE   3,867        

OF MAJORITY.  EXCEPT IN CASES IN WHICH THE CHILD HAS A                          

DEVELOPMENTAL DISABILITY OR A CHILD SUPPORT ORDER REQUIRES THE     3,868        

DUTY OF SUPPORT TO CONTINUE FOR ANY PERIOD AFTER THE CHILD         3,869        

REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN IN EFFECT AFTER   3,870        

THE CHILD REACHES AGE NINETEEN.  That duty of support shall        3,872        

continue during seasonal vacation periods.                                      

      Sec. 3105.18.  (A)  As used in this section, "spousal        3,881        

support" means any payment or payments to be made to a spouse or   3,882        

former spouse, or to a third party for the benefit of a spouse or  3,883        

a former spouse, that is both for sustenance and for support of    3,884        

the spouse or former spouse.  "Spousal support" does not include   3,885        

any payment made to a spouse or former spouse, or to a third       3,886        

party for the benefit of a spouse or former spouse, that is made   3,887        

as part of a division or distribution of property or a             3,888        

distributive award under section 3105.171 of the Revised Code.     3,889        

      (B)  In divorce and legal separation proceedings, upon the   3,891        

                                                          91     

                                                                 
request of either party and after the court determines the         3,892        

division or disbursement of property under section 3105.171 of     3,893        

the Revised Code, the court of common pleas may award reasonable   3,894        

spousal support to either party.  During the pendency of any       3,895        

divorce, or legal separation proceeding, the court may award       3,896        

reasonable temporary spousal support to either party.              3,897        

      An award of spousal support may be allowed in real or        3,899        

personal property, or both, or by decreeing a sum of money,        3,900        

payable either in gross or by installments, from future income or  3,901        

otherwise, as the court considers equitable.                       3,902        

      Any award of spousal support made under this section shall   3,904        

terminate upon the death of either party, unless the order         3,905        

containing the award expressly provides otherwise.                 3,906        

      (C)(1)  In determining whether spousal support is            3,908        

appropriate and reasonable, and in determining the nature,         3,909        

amount, and terms of payment, and duration of spousal support,     3,910        

which is payable either in gross or in installments, the court     3,911        

shall consider all of the following factors:                       3,912        

      (a)  The income of the parties, from all sources,            3,914        

including, but not limited to, income derived from property        3,915        

divided, disbursed, or distributed under section 3105.171 of the   3,916        

Revised Code;                                                      3,917        

      (b)  The relative earning abilities of the parties;          3,919        

      (c)  The ages and the physical, mental, and emotional        3,921        

conditions of the parties;                                         3,922        

      (d)  The retirement benefits of the parties;                 3,924        

      (e)  The duration of the marriage;                           3,926        

      (f)  The extent to which it would be inappropriate for a     3,928        

party, because he THAT PARTY will be custodian of a minor child    3,929        

of the marriage, to seek employment outside the home;              3,931        

      (g)  The standard of living of the parties established       3,933        

during the marriage;                                               3,934        

      (h)  The relative extent of education of the parties;        3,936        

      (i)  The relative assets and liabilities of the parties,     3,938        

                                                          92     

                                                                 
including but not limited to any court-ordered payments by the     3,939        

parties;                                                           3,940        

      (j) The contribution of each party to the education,         3,942        

training, or earning ability of the other party, including, but    3,943        

not limited to, any party's contribution to the acquisition of a   3,944        

professional degree of the other party;                            3,945        

      (k)  The time and expense necessary for the spouse who is    3,947        

seeking spousal support to acquire education, training, or job     3,948        

experience so that the spouse will be qualified to obtain          3,949        

appropriate employment, provided the education, training, or job   3,950        

experience, and employment is, in fact, sought;                    3,951        

      (l)  The tax consequences, for each party, of an award of    3,953        

spousal support;                                                   3,954        

      (m)  The lost income production capacity of either party     3,956        

that resulted from that party's marital responsibilities;          3,957        

      (n)  Any other factor that the court expressly finds to be   3,959        

relevant and equitable.                                            3,960        

      (2)  In determining whether spousal support is reasonable    3,962        

and in determining the amount and terms of payment of spousal      3,963        

support, each party shall be considered to have contributed        3,964        

equally to the production of marital income.                       3,965        

      (D)  In an action brought solely for an order for legal      3,967        

separation under section 3105.17 of the Revised Code, any          3,968        

continuing order for periodic payments of money entered pursuant   3,969        

to this section is subject to further order of the court upon      3,970        

changed circumstances of either party.                             3,971        

      (E)  If a continuing order for periodic payments of money    3,973        

as alimony is entered in a divorce or dissolution of marriage      3,974        

action that is determined on or after May 2, 1986, and before      3,975        

January 1, 1991, or if a continuing order for periodic payments    3,976        

of money as spousal support is entered in a divorce or             3,977        

dissolution of marriage action that is determined on or after      3,978        

January 1, 1991, the court that enters the decree of divorce or    3,979        

dissolution of marriage does not have jurisdiction to modify the   3,980        

                                                          93     

                                                                 
amount or terms of the alimony or spousal support unless the       3,981        

court determines that the circumstances of either party have       3,982        

changed and unless one of the following applies:                   3,983        

      (1)  In the case of a divorce, the decree or a separation    3,985        

agreement of the parties to the divorce that is incorporated into  3,986        

the decree contains a provision specifically authorizing the       3,987        

court to modify the amount or terms of alimony or spousal          3,988        

support.                                                           3,989        

      (2)  In the case of a dissolution of marriage, the           3,991        

separation agreement that is approved by the court and             3,992        

incorporated into the decree contains a provision specifically     3,993        

authorizing the court to modify the amount or terms of alimony or  3,994        

spousal support.                                                   3,995        

      (F)  For purposes of divisions (D) and (E) of this section,  3,997        

a change in the circumstances of a party includes, but is not      3,998        

limited to, any increase or involuntary decrease in the party's    3,999        

wages, salary, bonuses, living expenses, or medical expenses.      4,000        

      (G)  Each order for alimony made or modified by a court on   4,002        

or after December 31, 1993, shall include as part of the order a   4,003        

general provision, as described in division (A)(1) of section      4,004        

3113.21 of the Revised Code, requiring the withholding or          4,005        

deduction of wages INCOME or assets of the obligor under the       4,006        

order as described in division (D) of section 3113.21 of the       4,008        

Revised Code or another type of appropriate requirement as         4,009        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         4,010        

section, to ensure that withholding or deduction from the wages    4,012        

INCOME or assets of the obligor is available from the              4,014        

commencement of the support order for collection of the support    4,015        

and of any arrearages that occur; a statement requiring all        4,016        

parties to the order to notify the child support enforcement       4,017        

agency in writing of their current mailing address, their current  4,018        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     4,019        

DRIVER'S LICENSE NUMBER, and of any changes in either address TO   4,021        

THAT INFORMATION; and a notice that the requirement to notify the  4,022        

                                                          94     

                                                                 
agency of all changes in either address TO THAT INFORMATION        4,023        

continues until further notice from the court.                     4,025        

      If any person required to pay alimony under an order made    4,027        

or modified by a court on or after December 1, 1986, and before    4,028        

January 1, 1991, or any person required to pay spousal support     4,029        

under an order made or modified by a court on or after January 1,  4,030        

1991, is found in contempt of court for failure to make alimony    4,031        

or spousal support payments under the order, the court that makes  4,032        

the finding, in addition to any other penalty or remedy imposed,   4,033        

shall assess all court costs arising out of the contempt           4,034        

proceeding against the person and shall require the person to pay  4,035        

any reasonable attorney's fees of any adverse party, as            4,036        

determined by the court, that arose in relation to the act of      4,037        

contempt.                                                          4,038        

      (H)  In divorce or legal separation proceedings, the court   4,040        

may award reasonable attorney's fees to either party at any stage  4,041        

of the proceedings, including, but not limited to, any appeal,     4,042        

any proceeding arising from a motion to modify a prior order or    4,043        

decree, and any proceeding to enforce a prior order or decree, if  4,044        

it determines that the other party has the ability to pay the      4,045        

attorney's fees that the court awards.  When the court determines  4,046        

whether to award reasonable attorney's fees to any party pursuant  4,047        

to this division, it shall determine whether either party will be  4,048        

prevented from fully litigating his THAT PARTY'S rights and        4,049        

adequately protecting his THAT PARTY'S interests if it does not    4,050        

award reasonable attorney's fees.                                  4,051        

      Sec. 3105.21.  (A)  Upon satisfactory proof of the causes    4,060        

in the complaint for divorce, annulment, or legal separation, the  4,061        

court of common pleas shall make an order for the disposition,     4,062        

care, and maintenance of the children of the marriage, as is in    4,063        

their best interests, and in accordance with section 3109.04 of    4,064        

the Revised Code.                                                  4,065        

      (B)  Upon the failure of proof of the causes in the          4,067        

complaint, the court may make the order for the disposition,       4,068        

                                                          95     

                                                                 
care, and maintenance of any dependent child of the marriage as    4,069        

is in the child's best interest, and in accordance with section    4,070        

3109.04 of the Revised Code.                                       4,071        

      (C)  Each order for child support made or modified under     4,073        

this section on or after December 31, 1993, shall include as part  4,074        

of the order a general provision, as described in division (A)(1)  4,075        

of section 3113.21 of the Revised Code, requiring the withholding  4,076        

or deduction of wages INCOME or assets of the obligor under the    4,077        

order as described in division (D) of section 3113.21 of the       4,079        

Revised Code, or another type of appropriate requirement as        4,080        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         4,081        

section, to ensure that withholding or deduction from the wages    4,083        

INCOME or assets of the obligor is available from the              4,085        

commencement of the support order for collection of the support    4,086        

and of any arrearages that occur; a statement requiring all        4,087        

parties to the order to notify the child support enforcement       4,088        

agency in writing of their current mailing address, their current  4,089        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     4,090        

DRIVER'S LICENSE NUMBER, and any changes in either address TO      4,092        

THAT INFORMATION; and a notice that the requirement to notify the  4,093        

agency of all changes in either address TO THAT INFORMATION        4,094        

continues until further notice from the court.  Any court of       4,096        

common pleas that makes or modifies an order for child support     4,097        

under this section on or after April 12, 1990, shall comply with   4,098        

sections 3113.21 to 3113.219 of the Revised Code.  If any person   4,099        

required to pay child support under an order made under this       4,100        

section on or after April 15, 1985, or modified on or after        4,101        

December 1, 1986, is found in contempt of court for failure to     4,102        

make support payments under the order, the court that makes the    4,103        

finding, in addition to any other penalty or remedy imposed,       4,104        

shall assess all court costs arising out of the contempt           4,105        

proceeding against the person and require the person to pay any    4,106        

reasonable attorney's fees of any adverse party, as determined by  4,107        

the court, that arose in relation to the act of contempt.          4,108        

                                                          96     

                                                                 
      (D)  Notwithstanding section 3109.01 of the Revised Code,    4,110        

if a court issues a child support order under this section, the    4,111        

order shall remain in effect beyond the child's eighteenth         4,112        

birthday as long as the child continuously attends on a full-time  4,113        

basis any recognized and accredited high school THE CHILD HAS A    4,115        

DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 5123.01 OF THE      4,116        

REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF    4,118        

THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.        4,119        

EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY  4,120        

OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY   4,121        

PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT   4,122        

REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any        4,123        

parent ordered to pay support under a child support order issued   4,124        

under this section shall continue to pay support under the order,  4,125        

including during seasonal vacation periods, until the order        4,126        

terminates.                                                        4,127        

      Sec. 3105.72.  THE RECORD OF ANY ACTION INSTITUTED UNDER     4,129        

THIS CHAPTER SHALL INCLUDE THE SOCIAL SECURITY NUMBERS OF BOTH     4,130        

PARTIES TO THE ACTION.                                                          

      Sec. 3107.01.  As used in sections 3107.01 to 3107.19 of     4,139        

the Revised Code:                                                               

      (A)  "Agency" means any public or private organization       4,141        

certified, licensed, or otherwise specially empowered by law or    4,142        

rule to place minors for adoption.                                 4,143        

      (B)  "Attorney" means a person who has been admitted to the  4,145        

bar by order of the Ohio supreme court.                            4,146        

      (C)  "Child" means a son or daughter, whether by birth or    4,148        

by adoption.                                                       4,149        

      (D)  "Court" means the probate courts of this state, and     4,151        

when the context requires, means the court of any other state      4,153        

empowered to grant petitions for adoption.                         4,154        

      (E)  "Identifying information" means any of the following    4,157        

with regard to a person:  first name, last name, maiden name,      4,158        

alias, social security number, address, telephone number, place    4,159        

                                                          97     

                                                                 
of employment, number used to identify the person for the purpose  4,160        

of the statewide education management information system                        

established pursuant to section 3301.0714 of the Revised Code,     4,161        

and any other number federal or state law requires or permits to   4,162        

be used to identify the person.                                                 

      (F)  "Minor" means a person under the age of eighteen        4,164        

years.                                                             4,165        

      (G)  "Private child placing agency," "private noncustodial   4,168        

agency," and "public children services agency" have the same                    

meanings as in section 2151.011 of the Revised Code.               4,169        

      (H)  "Putative father" means a man, including one under age  4,172        

eighteen, who may be a child's father and to whom all of the       4,173        

following apply:                                                                

      (1)  He is not married to the child's mother at the time of  4,175        

the child's conception or birth;                                   4,176        

      (2)  He has not adopted the child;                           4,178        

      (3)  He has not been determined, prior to the date a         4,180        

petition to adopt the child is filed, to have a parent and child   4,181        

relationship with the child by a court proceeding pursuant to      4,182        

sections 3111.01 to 3111.19 of the Revised Code, a court           4,183        

proceeding in another state, an administrative agency proceeding   4,184        

pursuant to sections 3111.20 to 3111.29 of the Revised Code, or    4,186        

an administrative agency proceeding in another state;                           

      (4)  He has not acknowledged paternity of the child          4,188        

pursuant to section 2105.18 5101.314 of the Revised Code.          4,189        

      Sec. 3107.06.  Unless consent is not required under section  4,198        

3107.07 of the Revised Code, a petition to adopt a minor may be    4,199        

granted only if written consent to the adoption has been executed  4,200        

by all of the following:                                           4,201        

      (A)  The mother of the minor;                                4,203        

      (B)  The father of the minor, if any of the following        4,205        

apply:                                                                          

      (1)  The minor was conceived or born while the father was    4,207        

married to the mother;                                             4,208        

                                                          98     

                                                                 
      (2)  The minor is his child by adoption;                     4,210        

      (3)  Prior to the date the petition was filed, it was        4,212        

determined by a court proceeding pursuant to sections 3111.01 to   4,213        

3111.19 of the Revised Code, a court proceeding in another state,  4,215        

an administrative proceeding pursuant to sections 3111.20 to       4,216        

3111.29 of the Revised Code, or an administrative proceeding in                 

another state that he has a parent and child relationship with     4,217        

the minor;                                                         4,218        

      (4)  He acknowledged paternity of the child AND THAT         4,220        

ACKNOWLEDGMENT HAS BECOME FINAL pursuant to section 2105.18        4,221        

2151.232, 3111.211, OR 5101.314 of the Revised Code.               4,222        

      (C)  The putative father of the minor;                       4,224        

      (D)  Any person or agency having permanent custody of the    4,226        

minor or authorized by court order to consent;                     4,227        

      (E)  The juvenile court that has jurisdiction to determine   4,229        

custody of the minor, if the legal guardian or custodian of the    4,230        

minor is not authorized by law or court order to consent to the    4,231        

adoption;                                                          4,232        

      (F)  The minor, if more than twelve years of age, unless     4,234        

the court, finding that it is in the best interest of the minor,   4,235        

determines that the minor's consent is not required.               4,236        

      Sec. 3107.064.  (A)  Except as provided in division (B) of   4,246        

this section, a court shall not issue a final decree of adoption                

or finalize an interlocutory order of adoption unless the mother   4,247        

placing the minor for adoption or the agency or attorney           4,248        

arranging the adoption files with the court a certified document   4,249        

provided by the department of human services under section         4,250        

3107.063 of the Revised Code.  The court shall not accept the                   

document unless the date the department places on the document     4,251        

pursuant to that section is thirty-one or more days after the      4,252        

date of the minor's birth.                                         4,253        

      (B)  The document described in division (A) of this section  4,256        

is not required if any of the following apply:                                  

      (1)  The mother was married at the time the minor was        4,258        

                                                          99     

                                                                 
conceived or born;                                                              

      (2)  The parent placing the minor for adoption previously    4,260        

adopted the minor;                                                 4,261        

      (3)  Prior to the date a petition to adopt the minor is      4,263        

filed, a man has been determined to have a parent and child        4,264        

relationship with the minor by a court proceeding pursuant to      4,265        

sections 3111.01 to 3111.19 of the Revised Code, a court           4,266        

proceeding in another state, an administrative agency proceeding   4,267        

pursuant to sections 3111.20 to 3111.29 of the Revised Code, or                 

an administrative agency proceeding in another state;              4,268        

      (4)  The minor's father acknowledged paternity of the minor  4,270        

AND THAT ACKNOWLEDGMENT HAS BECOME FINAL pursuant to section       4,272        

2105.18 2151.232, 3111.211, OR 5101.314 of the Revised Code;       4,273        

      (5)  A public children services agency has permanent         4,276        

custody of the minor pursuant to Chapter 2151. or division (B) of  4,277        

section 5103.15 of the Revised Code after both parents lost or     4,278        

surrendered parental rights, privileges, and responsibilities      4,279        

over the minor.                                                                 

      Sec. 3109.042.  AN UNMARRIED FEMALE WHO GIVES BIRTH TO A     4,281        

CHILD IS THE SOLE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE    4,282        

CHILD UNTIL A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER      4,283        

DESIGNATING ANOTHER PERSON AS THE RESIDENTIAL PARENT AND LEGAL     4,284        

CUSTODIAN.  A COURT DESIGNATING THE RESIDENTIAL PARENT AND LEGAL   4,285        

CUSTODIAN OF A CHILD DESCRIBED IN THIS SECTION SHALL TREAT THE     4,286        

MOTHER AND FATHER AS STANDING UPON AN EQUALITY WHEN MAKING THE     4,287        

DESIGNATION.                                                       4,288        

      Sec. 3109.05.  (A)(1)  In a divorce, dissolution of          4,297        

marriage, legal separation, or child support proceeding, the       4,298        

court may order either or both parents to support or help support  4,299        

their children, without regard to marital misconduct.  In          4,300        

determining the amount reasonable or necessary for child support,  4,301        

including the medical needs of the child, the court shall comply   4,302        

with sections 3113.21 to 3113.219 of the Revised Code.             4,303        

      (2)  The court, in accordance with sections 3113.21 and      4,305        

                                                          100    

                                                                 
3113.217 of the Revised Code, shall include in each support order  4,306        

made under this section the requirement that one or both of the    4,307        

parents provide for the health care needs of the child to the      4,308        

satisfaction of the court, and the court shall include in the      4,309        

support order a requirement that all support payments be made      4,310        

through the DIVISION OF child support enforcement agency IN THE    4,312        

DEPARTMENT OF HUMAN SERVICES.                                                   

      (3)  Each order for child support made or modified under     4,314        

this section on or after December 31, 1993, shall include as part  4,315        

of the order a general provision, as described in division (A)(1)  4,316        

of section 3113.21 of the Revised Code, requiring the withholding  4,317        

or deduction of wages INCOME or assets of the obligor under the    4,318        

order as described in division (D) or (H) of section 3113.21 of    4,320        

the Revised Code, or another type of appropriate requirement as    4,321        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         4,323        

section, to ensure that withholding or deduction from the wages    4,324        

INCOME or assets of the obligor is available from the              4,326        

commencement of the support order for collection of the support    4,327        

and of any arrearages that occur; a statement requiring both       4,328        

parents to notify the child support enforcement agency in writing  4,329        

of their current mailing address; their current residence          4,330        

address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S      4,331        

LICENSE NUMBER, and any changes in either address TO THAT          4,333        

INFORMATION, and a notice that the requirement to notify the       4,334        

agency of all changes in either address TO THAT INFORMATION        4,335        

continues until further notice from the court.  The court shall    4,337        

comply with sections 3113.21 to 3113.219 of the Revised Code when  4,338        

it makes or modifies an order for child support under this         4,339        

section.                                                                        

      (B)  The juvenile court has exclusive jurisdiction to enter  4,341        

the orders in any case certified to it from another court.         4,342        

      (C)  If any person required to pay child support under an    4,344        

order made under division (A) of this section on or after April    4,345        

15, 1985, or modified on or after December 1, 1986, is found in    4,346        

                                                          101    

                                                                 
contempt of court for failure to make support payments under the   4,347        

order, the court that makes the finding, in addition to any other  4,348        

penalty or remedy imposed, shall assess all court costs arising    4,349        

out of the contempt proceeding against the person and require the  4,350        

person to pay any reasonable attorney's fees of any adverse        4,351        

party, as determined by the court, that arose in relation to the   4,352        

act of contempt and, on or after July 1, 1992, shall assess        4,353        

interest on any unpaid amount of child support pursuant to         4,354        

section 3113.219 of the Revised Code.                              4,355        

      (D)  The court shall not authorize or permit the escrowing,  4,357        

impoundment, or withholding of any child support payment ordered   4,358        

under this section or any other section of the Revised Code        4,359        

because of a denial of or interference with a right of             4,360        

companionship or visitation granted in an order issued under this  4,361        

section, section 3109.051, 3109.11, 3109.12, or any other section  4,362        

of the Revised Code, or as a method of enforcing the specific      4,363        

provisions of any such order dealing with visitation.              4,364        

      (E)  Notwithstanding section 3109.01 of the Revised Code,    4,366        

if a court issues a child support order under this section, the    4,367        

order shall remain in effect beyond the child's eighteenth         4,368        

birthday as long as the child continuously attends on a full-time  4,369        

basis any recognized and accredited high school, THE CHILD HAS A   4,371        

DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 5123.01 OF THE      4,372        

REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF    4,374        

THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.        4,375        

EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY  4,376        

OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY   4,377        

PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT   4,378        

REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any        4,380        

parent ordered to pay support under a child support order issued                

under this section shall continue to pay support under the order,  4,381        

including during seasonal vacation periods, until the order        4,382        

terminates.                                                        4,383        

      Sec. 3109.12.  (A)  If a child is born to an unmarried       4,392        

                                                          102    

                                                                 
woman, the parents of the woman and any relative of the woman may  4,393        

file a complaint requesting the court of common pleas of the       4,394        

county in which the child resides to grant them reasonable         4,395        

companionship or visitation rights with the child.  If a child is  4,396        

born to an unmarried woman and if the father of the child has      4,397        

acknowledged the child AND THAT ACKNOWLEDGMENT HAS BECOME FINAL    4,398        

pursuant to section 2105.18 2151.232, 3111.211, OR 5101.314 of     4,400        

the Revised Code or has been determined in an action under         4,401        

Chapter 3111. of the Revised Code to be the father of the child,   4,402        

the father, the parents of the father, and any relative of the     4,403        

father may file a complaint requesting the court of common pleas   4,404        

of the county in which the child resides to grant them reasonable  4,405        

companionship or visitation rights with respect to the child.      4,406        

      (B)  The court may grant the companionship or visitation     4,408        

rights requested under division (A) of this section, if it         4,409        

determines that the granting of the companionship or visitation    4,410        

rights is in the best interest of the child.  In determining       4,411        

whether to grant any person reasonable companionship or            4,412        

visitation rights with respect to any child, the court shall       4,413        

consider all relevant factors, including, but not limited to, the  4,414        

factors set forth in division (D) of section 3109.051 of the       4,415        

Revised Code.  Divisions (C), (K), and (L) of section 3109.051 of  4,416        

the Revised Code apply to the determination of reasonable          4,417        

companionship or visitation rights under this section and to any   4,418        

order granting any such rights that is issued under this section.  4,419        

      The marriage or remarriage of the mother or father of a      4,421        

child does not affect the authority of the court under this        4,422        

section to grant the natural father, the parents or relatives of   4,423        

the natural father, or the parents or relatives of the mother of   4,424        

the child reasonable companionship or visitation rights with       4,425        

respect to the child.                                              4,426        

      If the court denies a request for reasonable companionship   4,428        

or visitation rights made pursuant to division (A) of this         4,429        

section and the complainant files a written request for findings   4,430        

                                                          103    

                                                                 
of fact and conclusions of law, the court shall state in writing   4,431        

its findings of fact and conclusions of law in accordance with     4,432        

Civil Rule 52.                                                     4,433        

      Except as provided in division (E)(6) of section 3113.31 of  4,435        

the Revised Code, if the court, pursuant to this section, grants   4,436        

any person companionship or visitation rights with respect to any  4,437        

child, it shall not require the public children services agency    4,438        

to provide supervision of or other services related to that        4,439        

person's exercise of companionship or visitation rights with       4,440        

respect to the child.  This section does not limit the power of a  4,441        

juvenile court pursuant to Chapter 2151. of the Revised Code to    4,442        

issue orders with respect to children who are alleged to be        4,443        

abused, neglected, or dependent children or to make dispositions   4,444        

of children who are adjudicated abused, neglected, or dependent                 

children or of a common pleas court to issue orders pursuant to    4,445        

section 3113.31 of the Revised Code.                               4,446        

      Sec. 3109.19.  (A)  As used in this section, "minor" has     4,456        

the same meaning as in section 3107.01 of the Revised Code.        4,457        

      (B)(1)  If a child is born to parents who are unmarried and  4,459        

unemancipated minors, a parent of one of the minors is providing   4,461        

support for the minors' child, and the minors have not signed an   4,462        

acknowledgment of paternity or a parent and child relationship     4,463        

has not been established between the child and the male minor,     4,464        

the parent who is providing support for the child may request a    4,465        

determination of the existence or nonexistence of a parent and     4,466        

child relationship between the child and the male minor pursuant   4,467        

to Chapter 3111. of the Revised Code.                              4,468        

      (2)  If a child is born to parents who are unmarried and     4,471        

unemancipated minors, a parent of one of the minors is providing   4,472        

support for the child, and the minors have signed an               4,473        

acknowledgment of paternity THAT HAS BECOME FINAL pursuant to                   

section 2105.18 2151.232, 3111.211, OR 5101.314 of the Revised     4,476        

Code or a parent and child relationship has been established       4,477        

between the child and the male minor pursuant to Chapter 3111. of  4,478        

                                                          104    

                                                                 
the Revised Code, the parent who is providing support for the      4,479        

child may file a complaint requesting that the court issue an      4,480        

order or may request the child support enforcement agency of the   4,481        

county in which the child resides to issue an administrative       4,482        

order requiring all of the minors' parents to pay support for the  4,483        

child.                                                                          

      (C)(1)  On receipt of a complaint filed under division       4,485        

(B)(2) of this section, the court shall schedule a hearing to      4,486        

determine, in accordance with sections 3113.21 to 3113.219 of the  4,488        

Revised Code, the amount of child support the minors' parents are  4,490        

required to pay and, the method of paying the support, AND THE     4,491        

METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE NEEDS.  On         4,492        

receipt of a request under division (B)(2) of this section, the    4,494        

agency shall schedule a hearing to determine, in accordance with   4,495        

sections 3111.23 to 3111.28 and 3113.215 of the Revised Code, the  4,497        

amount of child support the minors' parents are required to pay    4,498        

for and, the method of paying the support, AND THE METHOD OF       4,499        

PROVIDING FOR THE CHILD'S HEALTH CARE NEEDS.  At the conclusion    4,500        

of the hearing, the court or agency shall issue an order           4,502        

requiring the payment of support of the child AND PROVISION FOR                 

THE CHILD'S HEALTH CARE NEEDS.  The court or agency shall          4,504        

calculate the child support amount using the income of the         4,505        

minors' parents instead of the income of the minors.  If any of    4,506        

the minors' parents are divorced, the court or agency shall        4,507        

calculate the child support as if they were married, and issue a   4,508        

child support order requiring the parents to pay a portion of any  4,509        

support imposed as a separate obligation.  If a child support      4,510        

order issued pursuant to section 2151.23, 2151.231, 2151.232,      4,511        

3111.13, 3111.20, 3111.21 3111.211, or 3111.22 of the Revised      4,513        

Code requires one of the minors to pay support for the child, the  4,514        

amount the minor is required to pay shall be deducted from any     4,515        

amount that minor's parents are required to pay pursuant to an     4,516        

order issued under this section.  The hearing shall be held not    4,517        

later than sixty days after the day the complaint is filed or the  4,518        

                                                          105    

                                                                 
request is made nor earlier than thirty days after the court or    4,519        

agency gives the minors' parents notice of the action.                          

      (2)  An order issued by an agency for the payment of child   4,521        

support shall include a notice stating all of the following:       4,522        

that the parents of the minors may object to the order by filing   4,524        

a complaint pursuant to division (B)(2) of this section with the   4,525        

court requesting that the court issue an order requiring the       4,526        

minors' parents to pay support for the child AND PROVIDE FOR THE   4,527        

CHILD'S HEALTH CARE NEEDS; that the complaint may be filed no      4,528        

later than thirty days after the date of the issuance of the       4,529        

agency's order; and that, if none of the parents of the minors     4,530        

file a complaint pursuant to division (B)(2) of this section, the  4,532        

agency's order is final and enforceable by a court and may be      4,533        

modified and enforced only in accordance with sections 3111.23 to  4,534        

3111.28 and sections 3113.21 to 3113.219 of the Revised Code.      4,535        

      (D)  An order issued by a court or agency under this         4,538        

section shall remain in effect, except as modified pursuant to     4,539        

sections 3113.21 to 3113.219 of the Revised Code with respect to   4,541        

a court-issued child support order or pursuant to sections         4,542        

3111.23 to 3111.28 and 3113.215 of the Revised Code with respect   4,543        

to an administrative child support order, until the occurrence of  4,544        

any of the following:                                                           

      (1)  The minor who resides with the parents required to pay  4,546        

support under this section reaches the age of eighteen years,      4,547        

dies, marries, enlists in the armed services, is deported, gains   4,548        

legal or physical custody of the child, or is otherwise            4,549        

emancipated.                                                       4,550        

      (2)  The child who is the subject of the order dies, is      4,552        

adopted, is deported, or is transferred to the legal or physical   4,553        

custody of the minor who lives with the parents required to pay    4,554        

support under this section.                                                     

      (3)  The minor's parents to whom support is being paid       4,556        

pursuant to this section is no longer providing any support for    4,557        

the child.                                                         4,558        

                                                          106    

                                                                 
      (E)(1)  The minor's parents to whom support is being paid    4,560        

under a child support order issued by a court pursuant to this     4,561        

section shall notify, and the minor's parents who are paying       4,562        

support may notify the child support enforcement agency of the     4,563        

occurrence of any event described in division (D) of this          4,564        

section.  A willful failure to notify the agency as required by    4,565        

this division is contempt of court.  Upon receiving notification   4,566        

pursuant to this division, the agency shall comply with division   4,567        

(G)(4) of section 3113.21 of the Revised Code.                     4,569        

      (2)  The minor's parents to whom support is being paid       4,571        

under a child support order issued by the agency pursuant to this  4,572        

section shall notify, and the minor's parents who are paying       4,573        

support may notify the child support enforcement agency of the     4,574        

occurrence of any event described in division (D) of this          4,575        

section.  Upon receiving notification pursuant to this division,   4,576        

the agency shall comply with division (E)(4) of section 3111.23    4,578        

of the Revised Code.                                                            

      Sec. 3111.02.  (A)  The parent and child relationship        4,587        

between a child and the child's natural mother may be established  4,588        

by proof of her having given birth to the child or pursuant to     4,589        

sections 3111.01 to 3111.19 or 3111.20 to 3111.29 of the Revised   4,590        

Code.  The parent and child relationship between a child and the   4,591        

natural father of the child may be established by a probate court               

entering an acknowledgment upon its journal OF PATERNITY as        4,593        

provided in section 2105.18 5101.314 of the Revised Code, and      4,595        

pursuant to sections 3111.01 to 3111.19 or 3111.20 to 3111.29 of   4,596        

the Revised Code.  The parent and child relationship between a                  

child and the adoptive parent of the child may be established by   4,597        

proof of adoption or pursuant to Chapter 3107. of the Revised      4,598        

Code.                                                                           

      (B)  A court that is determining a parent and child          4,600        

relationship pursuant to this chapter shall give full faith and    4,601        

credit to a parentage determination made under the laws of this    4,602        

state or another state, regardless of whether the parentage        4,603        

                                                          107    

                                                                 
determination was made pursuant to a voluntary acknowledgement of               

paternity, an administrative procedure, or a court proceeding.     4,604        

      Sec. 3111.03.  (A)  A man is presumed to be the natural      4,613        

father of a child under any of the following circumstances:        4,614        

      (1)  The man and the child's mother are or have been         4,616        

married to each other, and the child is born during the marriage   4,617        

or is born within three hundred days after the marriage is         4,618        

terminated by death, annulment, divorce, or dissolution or after   4,619        

the man and the child's mother separate pursuant to a separation   4,620        

agreement.                                                         4,621        

      (2)  The man and the child's mother attempted, before the    4,623        

child's birth, to marry each other by a marriage that was          4,624        

solemnized in apparent compliance with the law of the state in     4,625        

which the marriage took place, the marriage is or could be         4,626        

declared invalid, and either of the following apply APPLIES:       4,627        

      (a)  The marriage can only be declared invalid by a court    4,629        

and the child is born during the marriage or within three hundred  4,630        

days after the termination of the marriage by death, annulment,    4,631        

divorce, or dissolution;                                           4,632        

      (b)  The attempted marriage is invalid without a court       4,634        

order and the child is born within three hundred days after the    4,635        

termination of cohabitation.                                       4,636        

      (3)  The man and the child's mother, after the child's       4,638        

birth, married or attempted to marry each other by a marriage      4,639        

solemnized in apparent compliance with the law of the state in     4,640        

which the marriage took place, and any EITHER of the following     4,641        

occur OCCURS:                                                      4,642        

      (a)  The man has acknowledged his paternity of the child in  4,644        

a writing sworn to before a notary public;                         4,645        

      (b)  The man, with his consent, is named as the child's      4,647        

father on the child's birth certificate;                           4,648        

      (c)  The man is required to support the child by a written   4,650        

voluntary promise or by a court order.                             4,651        

      (4)  The man, with his consent, signs the child's birth      4,653        

                                                          108    

                                                                 
certificate as an informant as provided in section 3705.09 of the  4,654        

Revised Code.                                                      4,655        

      (5)  A court enters upon its journal an acknowlegment AN     4,657        

ACKNOWLEDGMENT of paternity FILED WITH THE DIVISION OF CHILD       4,658        

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES BECOMES FINAL          4,659        

pursuant to section 2105.18 2151.232, 3111.211, OR 5101.314 of     4,660        

the Revised Code.                                                  4,661        

      (6)(5)  A court or administrative body, pursuant to section  4,663        

3111.09, 3111.22, or 3115.24 3115.52 of the Revised Code or        4,665        

otherwise, has ordered that genetic tests be conducted or the      4,666        

natural mother and alleged natural father voluntarily agreed to    4,667        

genetic testing pursuant to FORMER section 3111.21 or 3111.22 of   4,668        

the Revised Code to determine the father and child relationship    4,670        

and the results of the genetic tests indicate a probability of     4,671        

ninety-five NINETY-NINE per cent or greater that the man is the    4,673        

biological father of the child.                                                 

      (B)(1)  A presumption arises under division (A)(3) of this   4,675        

section regardless of the validity or invalidity of the marriage   4,676        

of the parents.  A presumption that arises under this section can  4,677        

only be rebutted by clear and convincing evidence that includes    4,678        

the results of genetic testing, except that a presumption that     4,679        

arises under division (A)(1) or (2) of this section is conclusive  4,681        

as provided in division (A) of section 3111.37 of the Revised      4,682        

Code and cannot be rebutted.  If two or more conflicting           4,684        

presumptions arise under this section, the court shall determine,  4,685        

based upon logic and policy considerations, which presumption      4,686        

controls.  IF A DETERMINATION DESCRIBED IN DIVISION (B)(3) OF      4,687        

THIS SECTION CONFLICTS WITH A PRESUMPTION THAT ARISES UNDER THIS   4,688        

SECTION THE DETERMINATION IS CONTROLLING.                          4,689        

      (2)  NOTWITHSTANDING DIVISION (B)(1) OF THIS SECTION, A      4,691        

PRESUMPTION THAT ARISES UNDER DIVISION (A)(4) OF THIS SECTION MAY  4,694        

ONLY BE REBUTTED AS PROVIDED IN DIVISION (B)(2) OF SECTION         4,696        

5101.314 OF THE REVISED CODE.                                      4,698        

      (3)  NOTWITHSTANDING DIVISION (A)(5) OF THIS SECTION, A      4,700        

                                                          109    

                                                                 
FINAL AND ENFORCEABLE DETERMINATION FINDING THE EXISTENCE OF A     4,702        

FATHER AND CHILD RELATIONSHIP PURSUANT TO FORMER SECTION 3111.21   4,703        

OR SECTION 3111.22 OF THE REVISED CODE THAT IS BASED ON THE        4,704        

RESULTS OF GENETIC TESTS ORDERED PURSUANT TO EITHER OF THOSE       4,705        

SECTIONS, IS NOT A PRESUMPTION.                                    4,706        

      (C)  A PRESUMPTION OF PATERNITY THAT AROSE PURSUANT TO THIS  4,708        

SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT SHALL        4,709        

REMAIN VALID ON AND AFTER THAT DATE UNLESS REBUTTED PURSUANT TO    4,710        

DIVISION (B) OF THIS SECTION.  THIS DIVISION DOES NOT APPLY TO A   4,711        

DETERMINATION DESCRIBED IN DIVISION (B)(3) OF THIS SECTION.        4,712        

      Sec. 3111.04.  (A)  An action to determine the existence or  4,721        

nonexistence of the father and child relationship may be brought   4,722        

by the child or the child's personal representative, the child's   4,723        

mother or her personal representative, a man alleged or alleging   4,724        

himself to be the child's father, the child support enforcement    4,725        

agency of the county in which the child resides if the child's     4,726        

mother is a recipient of public assistance as defined in section   4,727        

2301.351 of the Revised Code or of services under Title IV-D of    4,728        

the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,  4,729        

as amended, or the alleged father's personal representative.       4,730        

      (B)  An agreement does not bar an action under this          4,732        

section.                                                           4,733        

      (C)  If an action under this section is brought before the   4,735        

birth of the child and if the action is contested, all             4,736        

proceedings, except service of process and the taking of           4,737        

depositions to perpetuate testimony, may be stayed until after     4,738        

the birth.                                                         4,739        

      (D)  A recipient of public assistance as defined in section  4,741        

2301.351 of the Revised Code or of services under Title IV-D of    4,742        

the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,  4,743        

as amended, shall request COOPERATE WITH the child support         4,744        

enforcement agency of the county in which a child resides to make  4,746        

OBTAIN an administrative determination PURSUANT TO SECTION         4,748        

3111.22 OF THE REVISED CODE, OR, IF NECESSARY, A COURT                          

                                                          110    

                                                                 
DETERMINATION PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE       4,749        

REVISED CODE, of the existence or nonexistence of a parent and     4,750        

child relationship between the father and the child pursuant to    4,751        

section 3111.22 of the Revised Code before the recipient           4,752        

commences an action to determine the existence or nonexistence of  4,753        

that parent and child relationship.  IF THE RECIPIENT FAILS TO     4,754        

COOPERATE, THE AGENCY MAY COMMENCE AN ACTION TO DETERMINE THE      4,755        

EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP       4,756        

BETWEEN THE FATHER AND THE CHILD PURSUANT TO SECTIONS 3111.01 TO   4,757        

3111.19 OF THE REVISED CODE.                                                    

      (E)  AS USED IN THIS SECTION, "PUBLIC ASSISTANCE" MEANS      4,759        

MEDICAL ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE,        4,760        

ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED CODE, OR DISABILITY  4,761        

ASSISTANCE UNDER CHAPTER 5115. OF THE REVISED CODE.                4,762        

      Sec. 3111.06.  (A)  The juvenile court has original          4,771        

jurisdiction of any action authorized under sections 3111.01 to    4,772        

3111.19 of the Revised Code.  An action may be brought under       4,773        

those sections in the juvenile court of the county in which the    4,774        

child, the child's mother, or the alleged father resides or is     4,775        

found or, if the alleged father is deceased, of the county in      4,776        

which proceedings for the probate of his THE ALLEGED FATHER'S      4,777        

estate have been or can be commenced, or of the county in which    4,778        

the child is being provided support by the department of human     4,779        

services of that county.  AN ACTION PURSUANT TO SECTIONS 3111.01   4,780        

TO 3111.19 OF THE REVISED CODE TO OBJECT TO AN ADMINISTRATIVE      4,781        

ORDER ISSUED PURSUANT TO FORMER SECTION 3111.21 OR SECTION         4,782        

3111.22 OF THE REVISED CODE DETERMINING THE EXISTENCE OR                        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP THAT HAS NOT       4,783        

BECOME FINAL AND ENFORCEABLE, MAY BE BROUGHT ONLY IN THE JUVENILE  4,784        

COURT OF THE COUNTY IN WHICH THE CHILD SUPPORT ENFORCEMENT AGENCY  4,785        

THAT ISSUED THE ORDER IS LOCATED.  If an action for divorce,       4,786        

dissolution, or legal separation has been filed in a court of      4,787        

common pleas, that court of common pleas has original              4,788        

jurisdiction to determine if the parent and child relationship     4,789        

                                                          111    

                                                                 
exists between one or both of the parties and any child alleged    4,790        

or presumed to be the child of one or both of the parties.         4,791        

      (B)  A person who has sexual intercourse in this state       4,793        

submits to the jurisdiction of the courts of this state as to an   4,794        

action brought under sections 3111.01 to 3111.19 of the Revised    4,795        

Code with respect to a child who may have been conceived by that   4,796        

act of intercourse.  In addition to any other method provided by   4,797        

the Rules of Civil Procedure, personal jurisdiction may be         4,798        

acquired by personal service of summons outside this state or by   4,799        

certified mail with proof of actual receipt.                       4,800        

      Sec. 3111.07.  (A)  The natural mother, each man presumed    4,809        

to be the father under section 3111.03 of the Revised Code, each   4,810        

man alleged to be the natural father, and, if the party who        4,811        

initiates the action is a recipient of public assistance as        4,812        

defined in section 2301.351 3111.04 of the Revised Code or if the  4,814        

responsibility for the collection of support for the child who is  4,815        

the subject of the action has been assumed by the child support    4,816        

enforcement agency under Title IV-D of the "Social Security Act,"  4,817        

88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child       4,818        

support enforcement agency of the county in which the child        4,819        

resides shall be made parties to the action brought pursuant to    4,820        

sections 3111.01 to 3111.19 of the Revised Code or, if not         4,821        

subject to the jurisdiction of the court, shall be given notice    4,822        

of the action pursuant to the Rules of Civil Procedure and shall   4,823        

be given an opportunity to be heard.  The court may align the      4,824        

parties.  The child shall be made a party to the action unless a   4,825        

party shows good cause for not doing so.  Separate counsel shall   4,826        

be appointed for the child if the court finds that the child's     4,827        

interests conflict with those of the mother.                       4,828        

      If the person bringing the action knows that a particular    4,830        

man is not or, based upon the facts and circumstances present,     4,831        

could not be the natural father of the child, the person bringing  4,832        

the action shall not allege in the action that the man is the      4,833        

natural father of the child and shall not make the man a party to  4,834        

                                                          112    

                                                                 
the action.                                                        4,835        

      (B)  If an action is brought pursuant to sections 3111.01    4,837        

to 3111.19 of the Revised Code and the child to whom the action    4,838        

pertains is or was being provided support by the department of     4,839        

human services, a county department of human services, or another  4,840        

public agency, the department, county department, or agency may    4,841        

intervene for purposes of collecting or recovering the support.    4,842        

      Sec. 3111.09.  (A)(1)  In any action instituted under        4,851        

sections 3111.01 to 3111.19 of the Revised Code, the court, upon   4,852        

its own motion, may order and, upon the motion of any party to     4,853        

the action, shall order the child's mother, the child, the         4,854        

alleged father, and any other person who is a defendant in the     4,855        

action to submit to genetic tests.  If genetic tests are ordered   4,856        

upon the motion of a party or the court, the court shall order     4,857        

that the child's mother, the child, the alleged father, and any    4,858        

other defendant submit to genetic testing.  Instead of or in       4,859        

addition to genetic testing ordered pursuant to this section, the  4,860        

court may order the superintendent of the bureau of criminal       4,861        

identification and investigation to disclose information           4,862        

regarding a USE THE FOLLOWING INFORMATION TO DETERMINE THE         4,863        

EXISTENCE OF A PARENT AND CHILD RELATIONSHIP BETWEEN THE CHILD     4,864        

AND THE CHILD'S MOTHER, THE ALLEGED FATHER, OR ANOTHER DEFENDANT:  4,866        

      (a)  A DNA record of the child's mother, the child, the      4,871        

alleged father, or any other defendant that is stored in the DNA   4,872        

database pursuant to section 109.573 of the Revised Code and may   4,873        

use that information to determine the existence of a parent and                 

child relationship between the child and the child's mother, the   4,875        

alleged father, or another defendant.;                             4,876        

      (b)  RESULTS OF GENETIC TESTS CONDUCTED ON THE CHILD, THE    4,879        

CHILD'S MOTHER, THE ALLEGED FATHER, OR ANY OTHER DEFENDANT         4,880        

PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22 OF THE       4,881        

REVISED CODE.                                                                   

      IF THE COURT INTENDS TO USE THE INFORMATION DESCRIBED IN     4,884        

DIVISION (A)(1)(a) OF THIS SECTION, IT SHALL ORDER THE             4,885        

                                                          113    

                                                                 
SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND        4,886        

INVESTIGATION TO DISCLOSE THE INFORMATION TO THE COURT.  IF THE    4,887        

COURT INTENDS TO USE THE GENETIC TEST RESULTS DESCRIBED IN         4,888        

DIVISION (A)(1)(b) OF THIS SECTION, IT SHALL ORDER THE AGENCY      4,889        

THAT ORDERED THE TESTS TO PROVIDE THE REPORT OF THE GENETIC TEST   4,890        

RESULTS TO THE COURT.                                                           

      (2)  If the child support enforcement agency is not made a   4,893        

party to the action, the clerk of the court shall schedule the     4,894        

genetic testing no later than thirty days after the court issues   4,895        

its order.  If the agency is made a party to the action, the       4,896        

agency shall schedule the genetic testing in accordance with the   4,897        

rules adopted by the department of human services pursuant to      4,898        

section 2301.35 of the Revised Code.  If the alleged father of a   4,899        

child brings an action under sections 3111.01 to 3111.19 of the    4,900        

Revised Code and if the mother of the child willfully fails to     4,901        

submit to genetic testing or if the mother is the custodian of     4,902        

the child and willfully fails to submit the child to genetic       4,903        

testing, the court, ON THE MOTION OF THE ALLEGED FATHER, shall     4,904        

issue an order determining the existence of a parent and child     4,905        

relationship between the father and the child without genetic      4,906        

testing.  If the mother or other guardian or custodian of the      4,907        

child brings an action under sections 3111.01 to 3111.19 of the    4,908        

Revised Code and if the alleged father of the child willfully      4,909        

fails to submit himself to genetic testing or, if the alleged      4,910        

father is the custodian of the child and willfully fails to        4,911        

submit the child to genetic testing, the court shall issue an      4,912        

order determining the existence of a parent and child              4,913        

relationship between the father and the child without genetic      4,914        

testing.  If a party shows good cause for failing to submit to     4,915        

genetic testing or for failing to submit the child to genetic      4,916        

testing, the court shall not consider the failure to be willful.   4,917        

Any                                                                             

      (3)  EXCEPT AS PROVIDED IN DIVISION (A)(4) OF THIS SECTION,  4,920        

ANY fees charged for the tests shall be paid by the party that     4,921        

                                                          114    

                                                                 
requests them, unless the custodian of the child is represented    4,922        

by the child support enforcement agency in its role as the agency  4,923        

providing enforcement of child support orders under Title IV-D of  4,924        

the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651,    4,925        

as amended, the custodian is a recipient of aid to dependent       4,926        

children under Chapter 5107. of the Revised Code for the benefit   4,927        

of the child, or the defendant in the action is found to be        4,928        

indigent, in which case the child support enforcement agency       4,929        

shall pay the costs of genetic testing.  The child support         4,930        

enforcement agency, within guidelines contained in that federal    4,931        

law, shall use funds received pursuant to Title IV-D of the        4,932        

"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as     4,933        

amended, to pay the fees charged for the tests.  If                4,934        

      EXCEPT AS PROVIDED IN DIVISION (A)(4) OF THIS SECTION, IF    4,936        

there is a dispute as to who shall pay the fees charged for        4,937        

genetic testing, the child support enforcement agency shall pay    4,938        

the fees, but neither the court nor the agency shall delay         4,939        

genetic testing due to a dispute as to who shall pay the genetic   4,940        

testing fees.  The child support enforcement agency or the person  4,941        

who paid the fees charged for the genetic testing may seek         4,942        

reimbursement for the genetic testing fees from the person         4,943        

against whom the court assesses the costs of the action.  Any      4,944        

funds used in accordance with this division by the child support   4,945        

enforcement agency shall be in addition to any other funds that    4,946        

the agency is entitled to receive as a result of any contractual   4,947        

provision for specific funding allocations for the agency between  4,948        

the county, the state, and the federal government.                 4,949        

      (4)  IF, PURSUANT TO FORMER SECTION 3111.21 OR SECTION       4,951        

3111.22 OF THE REVISED CODE, THE AGENCY HAS PREVIOUSLY CONDUCTED   4,954        

GENETIC TESTS ON THE CHILD, CHILD'S MOTHER, ALLEGED FATHER, OR     4,955        

ANY OTHER DEFENDANT AND THE CURRENT ACTION PURSUANT TO SECTION     4,956        

3111.01 TO 3111.19 OF THE REVISED CODE HAS BEEN BROUGHT TO OBJECT  4,958        

TO THE RESULT OF THOSE PREVIOUS TESTS, THE AGENCY SHALL NOT BE     4,959        

REQUIRED TO PAY THE FEES FOR CONDUCTING GENETIC TESTS PURSUANT TO  4,961        

                                                          115    

                                                                 
THIS SECTION ON THE SAME PERSONS.                                               

      (B)(1)  The genetic tests shall be made by qualified         4,963        

examiners who are authorized by the court or the department of     4,964        

human services.  An examiner conducting a genetic test, upon the   4,965        

completion of the test, shall send a complete report of the test   4,966        

results to the clerk of the court that ordered the test or, if     4,967        

the agency is a party to the action, to the child support          4,968        

enforcement agency of the county in which the court that ordered                

the test is located.                                               4,969        

      (2)  If a court orders the superintendent of the bureau of   4,971        

criminal identification and investigation to disclose information  4,972        

regarding a DNA record stored in the DNA database pursuant to      4,973        

section 109.573 of the Revised Code, the superintendent shall      4,974        

send the information to the clerk of the court that issued the     4,976        

order or, if the agency is a party to the action, to the child     4,977        

support enforcement agency of the county in which the court that                

issued the order is located.                                       4,978        

      (3)  IF A COURT ORDERS THE CHILD SUPPORT ENFORCEMENT AGENCY  4,980        

TO PROVIDE THE REPORT OF THE GENETIC TEST RESULTS OBTAINED         4,981        

PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22 OF THE       4,983        

REVISED CODE, THE AGENCY SHALL SEND THE INFORMATION TO THE PERSON               

OR GOVERNMENT ENTITY DESIGNATED BY THE COURT THAT ISSUED THE       4,984        

ORDER.                                                                          

      (4)  The clerk or, agency, OR PERSON OR GOVERNMENT ENTITY    4,987        

UNDER DIVISION (B)(3) OF THIS SECTION that receives a report or    4,988        

information pursuant to division (B)(1), (2), OR (3) of this       4,990        

section shall mail a copy of the report or information to the      4,992        

attorney of record for each party or, if a party is not            4,994        

represented by an attorney, to the party.  The clerk or, agency,   4,995        

OR PERSON OR GOVERNMENT ENTITY UNDER DIVISION (B)(3) OF THIS       4,996        

SECTION that receives a copy of the report or information shall    4,997        

include with the report or information sent to an attorney of      4,999        

record of a party or a party a notice that the party may object    5,000        

to the admission into evidence of the report or information by     5,001        

                                                          116    

                                                                 
filing a written objection as described in division (D) of         5,002        

section 3111.12 of the Revised Code with the court that ordered    5,003        

the tests or ordered the disclosure of the information no later    5,004        

than fourteen days after the report or information was mailed to   5,005        

the attorney of record or to the party.  The examiners may be      5,007        

called as witnesses to testify as to their findings.  Any party    5,008        

may demand that other qualified examiners perform independent      5,009        

genetic tests under order of the court.  The number and            5,010        

qualifications of the independent examiners shall be determined    5,011        

by the court.                                                                   

      (C)  Nothing in this section prevents any party to the       5,013        

action from producing other expert evidence on the issue covered   5,014        

by this section, but, if other expert witnesses are called by a    5,015        

party to the action, the fees of these expert witnesses shall be   5,016        

paid by the party calling the witnesses and only ordinary witness  5,017        

fees for these expert witnesses shall be taxed as costs in the     5,018        

action.                                                            5,019        

      (D)  If the court finds that the conclusions of all the      5,021        

examiners are that the alleged father is not the father of the     5,022        

child, the court shall enter judgment that the alleged father is   5,023        

not the father of the child.  If the examiners disagree in their   5,024        

findings or conclusions, the court or jury shall determine the     5,025        

father of the child based upon all the evidence.                   5,026        

      (E)  As used in sections 3111.01 to 3111.29 of the Revised   5,028        

Code:                                                                           

      (1)  "Genetic tests" and "genetic testing" mean either of    5,030        

the following:                                                                  

      (a)  Tissue or blood tests, including tests that identify    5,034        

the presence or absence of common blood group antigens, the red    5,035        

blood cell antigens, human lymphocyte antigens, serum enzymes,     5,036        

serum proteins, or genetic markers;                                5,037        

      (b)  Deoxyribonucleic acid typing of blood or buccal cell    5,039        

samples.                                                                        

      "Genetic test" and "genetic testing" may include the typing  5,041        

                                                          117    

                                                                 
and comparison of deoxyribonucleic acid derived from the blood of  5,042        

one individual and buccal cells of another.                        5,043        

      (2)  "DNA record" and "DNA database" have the same meanings  5,046        

as in section 109.573 of the Revised Code.                                      

      Sec. 3111.111.  IF AN ACTION IS BROUGHT PURSUANT TO          5,048        

SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE TO OBJECT TO A     5,050        

DETERMINATION MADE PURSUANT TO FORMER SECTION 3111.21 OR SECTION   5,051        

3111.22 OF THE REVISED CODE THAT THE ALLEGED FATHER IS THE         5,055        

NATURAL FATHER OF A CHILD, THE COURT, ON ITS OWN MOTION OR ON THE  5,056        

MOTION OF EITHER PARTY, SHALL ISSUE A TEMPORARY ORDER FOR THE      5,057        

SUPPORT OF THE CHILD PURSUANT TO SECTION 3113.21 TO 3113.219 OF    5,058        

THE REVISED CODE REQUIRING THE ALLEGED FATHER TO PAY SUPPORT TO    5,060        

THE NATURAL MOTHER OR THE GUARDIAN OR LEGAL CUSTODIAN OF THE                    

CHILD.  THE ORDER SHALL REMAIN IN EFFECT UNTIL THE COURT ISSUES A  5,062        

JUDGMENT IN THE ACTION PURSUANT TO SECTION 3111.13 OF THE REVISED  5,063        

CODE THAT DETERMINES THE EXISTENCE OR NONEXISTENCE OF A FATHER     5,064        

AND CHILD RELATIONSHIP.  IF THE COURT, IN ITS JUDGMENT,            5,065        

DETERMINES THAT THE ALLEGED FATHER IS NOT THE NATURAL FATHER OF    5,066        

THE CHILD, THE COURT SHALL ORDER THE PERSON TO WHOM THE TEMPORARY  5,067        

SUPPORT WAS PAID UNDER THE ORDER TO REPAY THE ALLEGED FATHER ALL   5,068        

AMOUNTS PAID FOR SUPPORT UNDER THE TEMPORARY ORDER.                5,069        

      Sec. 3111.12.  (A)  In an action under sections 3111.01 to   5,078        

3111.19 of the Revised Code, the mother of the child and the       5,079        

alleged father are competent to testify and may be compelled to    5,080        

testify by subpoena.  If a witness refuses to testify upon the     5,081        

ground that the testimony or evidence of the witness might tend    5,082        

to incriminate the witness and the court compels the witness to    5,083        

testify, the court may grant the witness immunity from having the  5,084        

testimony of the witness used against the witness in subsequent    5,085        

criminal proceedings.                                                           

      (B)  Testimony of a physician concerning the medical         5,087        

circumstances of the mother's pregnancy and the condition and      5,088        

characteristics of the child upon birth is not privileged.         5,089        

      (C)  Testimony relating to sexual access to the mother by a  5,091        

                                                          118    

                                                                 
man at a time other than the probable time of conception of the    5,092        

child is inadmissible in evidence, unless offered by the mother.   5,093        

      (D)  If, pursuant to section 3111.09 of the Revised Code, a  5,095        

court orders genetic tests to be conducted or, orders disclosure   5,096        

of information regarding a DNA record stored in the DNA database   5,098        

pursuant to section 109.573 of the Revised Code, OR INTENDS TO     5,099        

USE A REPORT OF GENETIC TEST RESULTS OBTAINED FROM TESTS                        

CONDUCTED PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22    5,100        

OF THE REVISED CODE, a party may object to the admission into      5,102        

evidence of the report ANY of the GENETIC test results or of the   5,103        

DNA record information by filing a written objection with the      5,105        

court that ordered the tests or disclosure OR INTENDS TO USE A     5,106        

REPORT OF GENETIC TEST RESULTS.  The party shall file the written  5,107        

objection with the court no later than fourteen days after the     5,109        

report of the test results or the DNA record information is        5,110        

mailed to the attorney of record of a party or to a party.  The    5,111        

party making the objection shall send a copy of the objection to   5,112        

all parties.                                                                    

      If a party files a written objection, the report of the      5,114        

test results or the DNA record information shall be admissible     5,116        

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  5,117        

record information shall be admissible into evidence without the   5,119        

need for foundation testimony or other proof of authenticity or    5,120        

accuracy.                                                                       

      (E)  Any party to an action brought pursuant to sections     5,122        

3111.01 to 3111.19 of the Revised Code may demand a jury trial by  5,123        

filing the demand within three days after the action is set for    5,124        

trial.  If a jury demand is not filed within the three-day         5,125        

period, the trial shall be by the court.                           5,126        

      If the action is tried to a jury, the verdict of the jury    5,128        

is limited only to the parentage of the child, and all other       5,129        

matters involved in the action shall be determined by the court    5,130        

following the rendering of the verdict IF A PARTY INTENDS TO       5,133        

                                                          119    

                                                                 
INTRODUCE INTO EVIDENCE INVOICES OR OTHER DOCUMENTS SHOWING                     

AMOUNTS EXPENDED TO COVER PREGNANCY AND CONFINEMENT AND GENETIC    5,134        

TESTING, THE PARTY SHALL NOTIFY ALL OTHER PARTIES IN WRITING OF    5,135        

THAT INTENT AND INCLUDE COPIES OF THE INVOICES AND DOCUMENTS.  A   5,136        

PARTY MAY OBJECT TO THE ADMISSION INTO EVIDENCE OF THE INVOICES    5,137        

OR DOCUMENTS BY FILING A WRITTEN OBJECTION WITH THE COURT THAT IS  5,139        

HEARING THE ACTION NO LATER THAN FOURTEEN DAYS AFTER THE NOTICE    5,140        

AND THE COPIES OF THE INVOICES AND DOCUMENTS ARE MAILED TO THE     5,141        

ATTORNEY OF RECORD OF EACH PARTY OR TO EACH PARTY.                              

      IF A PARTY FILES A WRITTEN OBJECTION, THE INVOICES AND       5,143        

OTHER DOCUMENTS SHALL BE ADMISSIBLE INTO EVIDENCE AS PROVIDED BY   5,144        

THE RULES OF EVIDENCE.  IF A WRITTEN OBJECTION IS NOT FILED, THE   5,146        

INVOICES OR OTHER DOCUMENTS ARE ADMISSIBLE INTO EVIDENCE WITHOUT                

THE NEED FOR FOUNDATION TESTIMONY OR OTHER EVIDENCE OF             5,148        

AUTHENTICITY OR ACCURACY.                                          5,149        

      (F)  A juvenile court shall give priority to actions under   5,151        

sections 3111.01 to 3111.19 of the Revised Code and shall issue    5,152        

an order determining the existence or nonexistence of a parent     5,153        

and child relationship no later than one hundred twenty days       5,154        

after the date on which the action was brought in the juvenile     5,155        

court.                                                             5,156        

      Sec. 3111.13.  (A)  The judgment or order of the court       5,165        

determining the existence or nonexistence of the parent and child  5,166        

relationship is determinative for all purposes.                    5,167        

      (B)  If the judgment or order of the court is at variance    5,169        

with the child's birth record, the court may order that a new      5,170        

birth record be issued under section 3111.18 of the Revised Code.  5,171        

      (C)  The judgment or order may contain any other provision   5,173        

directed against the appropriate party to the proceeding,          5,174        

concerning the duty of support, the furnishing of bond or other    5,175        

security for the payment of the judgment, or any other matter in   5,176        

the best interest of the child.  The judgment or order shall       5,177        

direct the father to pay all or any part of the reasonable         5,178        

expenses of the mother's pregnancy and confinement.  After entry   5,179        

                                                          120    

                                                                 
of the judgment or order, the father may petition that he be       5,180        

designated the residential parent and legal custodian of the       5,181        

child or for visitation rights in a proceeding separate from any   5,182        

action to establish paternity.  Additionally, if the mother is     5,183        

unmarried, the father, the parents of the father, any relative of  5,184        

the father, the parents of the mother, and any relative of the     5,185        

mother may file a complaint pursuant to section 3109.12 of the     5,186        

Revised Code requesting the granting under that section of         5,187        

reasonable companionship or visitation rights with respect to the  5,188        

child.                                                             5,189        

      The judgment or order shall contain any provision required   5,191        

by division (B) of section 3111.14 of the Revised Code.            5,192        

      (D)  Support judgments or orders ordinarily shall be for     5,194        

periodic payments that may vary in amount.  In the best interest   5,195        

of the child, a lump-sum payment or the purchase of an annuity     5,196        

may be ordered in lieu of periodic payments of support.            5,197        

      (E)  In determining the amount to be paid by a parent for    5,199        

support of the child and the period during which the duty of       5,200        

support is owed, a court enforcing the obligation of support       5,201        

shall comply with sections 3113.21 to 3113.219 of the Revised      5,202        

Code.                                                              5,203        

      (F)(1)  Each order for child support made or modified under  5,205        

this section on or after December 31, 1993, shall include as part  5,206        

of the order a general provision, as described in division (A)(1)  5,207        

of section 3113.21 of the Revised Code, requiring the withholding  5,208        

or deduction of wages INCOME or assets of the obligor under the    5,209        

order as described in division (D) or (H) of section 3113.21 of    5,211        

the Revised Code, or another type of appropriate requirement as    5,212        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         5,214        

section, to ensure that withholding or deduction from the wages    5,215        

INCOME or assets of the obligor is available from the              5,217        

commencement of the support order for collection of the support    5,218        

and of any arrearages that occur; a statement requiring all        5,219        

parties to the order to notify the child support enforcement       5,220        

                                                          121    

                                                                 
agency in writing of their current mailing address, their current  5,221        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     5,222        

DRIVER'S LICENSE NUMBER, and any changes in either address TO      5,223        

THAT INFORMATION; and a notice that the requirement to notify the  5,225        

agency of all changes in either address TO THAT INFORMATION                     

continues until further notice from the court.  Any court that     5,227        

makes or modifies an order for child support under this section    5,228        

on or after April 12, 1990, shall comply with sections 3113.21 to  5,229        

3113.219 of the Revised Code.  If any person required to pay       5,230        

child support under an order made under this section on or after   5,231        

April 15, 1985, or modified on or after December 1, 1986, is       5,232        

found in contempt of court for failure to make support payments    5,233        

under the order, the court that makes the finding, in addition to  5,234        

any other penalty or remedy imposed, shall assess all court costs  5,235        

arising out of the contempt proceeding against the person and      5,236        

require the person to pay any reasonable attorney's fees of any    5,237        

adverse party, as determined by the court, that arose in relation  5,238        

to the act of contempt.                                            5,239        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    5,241        

if a court issues a child support order under this section, the    5,242        

order shall remain in effect beyond the child's eighteenth         5,243        

birthday as long as the child continuously attends on a full-time  5,244        

basis any recognized and accredited high school, THE CHILD HAS A   5,246        

DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 5123.01 OF THE      5,247        

REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF    5,249        

THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.        5,250        

EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY  5,251        

OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY   5,252        

PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT   5,253        

REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any        5,254        

parent ordered to pay support under a child support order issued   5,255        

under this section shall continue to pay support under the order,  5,256        

including during seasonal vacation periods, until the order        5,257        

terminates.                                                        5,258        

                                                          122    

                                                                 
      (3)  When a court determines whether to require a parent to  5,260        

pay an amount for that parent's failure to support a child prior   5,261        

to the date the court issues an order requiring that parent to     5,262        

pay an amount for the current support of that child, it shall      5,263        

consider all relevant factors, including, but not limited to, any  5,264        

monetary contribution either parent of the child made to the       5,265        

support of the child prior to the court issuing the order          5,266        

requiring the parent to pay an amount for the current support of   5,267        

the child.                                                         5,268        

      (G)  As used in this section, "birth record" has the same    5,270        

meaning as in section 3705.01 of the Revised Code.                 5,271        

      (H)  ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE   5,273        

EXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE     5,274        

FULL NAMES, ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER   5,275        

AND FATHER OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE       5,276        

CHILD.                                                             5,277        

      Sec. 3111.20.  (A)  As used in sections 3111.20 to 3111.29   5,286        

of the Revised Code:                                               5,287        

      (1)  "Child support enforcement agency" has the same         5,289        

meaning as in section 3111.21 3113.21 of the Revised Code.         5,290        

      (2)  "Obligor" means the person required to pay support      5,292        

under an administrative support order.                             5,293        

      (3)  "Obligee" means the person entitled to receive the      5,295        

support payments under an administrative support order.            5,296        

      (4)  "Administrative support order" means an administrative  5,298        

order for the payment of support that is issued by a child         5,299        

support enforcement agency.                                        5,300        

      (5)  "Support" means child support.                          5,302        

      (6)  "Personal earnings" means compensation paid or payable  5,304        

for personal services, however denominated, and includes, but is   5,305        

not limited to, wages, salary, commissions, bonuses, draws         5,306        

against commissions, profit sharing, and vacation pay.             5,307        

      (7)  "Financial institution" means a bank, savings and loan  5,309        

association, or credit union, or a regulated investment company    5,310        

                                                          123    

                                                                 
or mutual fund in which a person who is required to pay support    5,311        

has funds on deposit that are not exempt under the law of this     5,312        

state or the United States from execution, attachment, or other    5,313        

legal process.                                                     5,314        

      (8)  "Title IV-D case" means any case in which the child     5,316        

support enforcement agency is enforcing the support order          5,317        

pursuant to Title IV-D of the "Social Security Act," 88 Stat.      5,318        

2351 (1975), 42 U.S.C. 651, as amended.                            5,319        

      (9)  "PAYOR" MEANS ANY PERSON OR ENTITY THAT DISTRIBUTES     5,322        

INCOME TO AN OBLIGOR INCLUDING, THE OBLIGOR, IF THE OBLIGOR IS     5,323        

SELF-EMPLOYED; AN EMPLOYER; AN EMPLOYER THAT IS PAYING THE         5,324        

OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC EMPLOYEES     5,325        

RETIREMENT BOARD; THE GOVERNING ENTITY OF ANY MUNICIPAL            5,326        

RETIREMENT SYSTEM; THE BOARD OF TRUSTEES OF THE POLICE AND         5,327        

FIREMEN'S DISABILITY AND PENSION FUND; THE STATE TEACHERS          5,328        

RETIREMENT BOARD; THE SCHOOL EMPLOYEES RETIREMENT BOARD; THE       5,329        

STATE HIGHWAY PATROL RETIREMENT BOARD; A PERSON PAYING OR          5,330        

OTHERWISE DISTRIBUTING AN OBLIGOR'S INCOME; THE BUREAU OF          5,331        

WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY, EXCEPT THE   5,332        

BUREAU OF EMPLOYMENT SERVICES WITH RESPECT TO UNEMPLOYMENT         5,333        

COMPENSATION BENEFITS PAID PURSUANT TO CHAPTER 4141. OF THE        5,335        

REVISED CODE.                                                                   

      (10)  "INCOME" MEANS ANY FORM OF MONETARY PAYMENT            5,337        

INCLUDING, PERSONAL EARNINGS; UNEMPLOYMENT COMPENSATION BENEFITS   5,338        

TO THE EXTENT PERMITTED BY, AND IN ACCORDANCE WITH, SECTION        5,340        

2301.371 OF THE REVISED CODE, DIVISION (D)(4) OF SECTION 4141.28   5,342        

OF THE REVISED CODE, AND FEDERAL LAW GOVERNING THE BUREAU OF       5,343        

EMPLOYMENT SERVICES; WORKERS' COMPENSATION PAYMENTS; PENSIONS;     5,344        

ANNUITIES; ALLOWANCES; RETIREMENT BENEFITS; DISABILITY OR SICK     5,346        

PAY; INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, STATE, OR  5,347        

LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE BENEFITS CAN BE   5,348        

WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE BENEFITS; ANY     5,349        

FORM OF TRUST FUND OR ENDOWMENT; LUMP-SUM PAYMENTS; AND ANY OTHER  5,350        

MONETARY PAYMENTS.                                                              

                                                          124    

                                                                 
      (B)  A man who is presumed to be the natural father of a     5,353        

child pursuant to section 3111.03 of the Revised Code assumes the  5,354        

parental duty of support with respect to the child.                5,355        

      (C)  Notwithstanding section 3109.01 of the Revised Code, a  5,357        

parent's duty of support for a child shall continue beyond the     5,358        

age of majority as long as the child continuously attends on a     5,359        

full-time basis any recognized and accredited high school OR THE   5,361        

CHILD HAS A DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION         5,362        

5123.01 OF THE REVISED CODE.  EXCEPT IN CASES IN WHICH THE CHILD   5,364        

HAS A DEVELOPMENTAL DISABILITY, THE DUTY DOES NOT CONTINUE AFTER   5,365        

THE CHILD REACHES AGE NINETEEN.  The parental duty of support      5,366        

shall continue during seasonal vacations.                          5,367        

      A parent, guardian, or legal custodian of a child, the       5,369        

person with whom the child resides, or the child support           5,370        

enforcement agency of the county in which the child, parent,       5,371        

guardian, or legal custodian of the child resides may file a       5,373        

complaint pursuant to section 2151.231 of the Revised Code in the  5,374        

juvenile court of that county requesting the court to order a      5,375        

parent who neglects or does not assume the parental duty of        5,376        

support to pay an amount for the support of the child and to       5,377        

provide for the health care needs of the child AND TO PROVIDE FOR  5,378        

THE HEALTH CARE NEEDS OF THE CHILD, may contact a child support    5,379        

enforcement agency for assistance in obtaining the order, or may   5,380        

request an administrative officer of a child support enforcement   5,381        

agency to issue an administrative order for the payment of child   5,382        

support AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD       5,383        

pursuant to division (D) of this section.  Upon the filing of the  5,385        

complaint or the making of the request, the court shall issue an   5,386        

order requiring the payment of support for the child AND           5,387        

PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD, pursuant to                   

section 2151.231 of the Revised Code, or the administrative        5,389        

officer, pursuant to division (D) of this section, shall issue an  5,390        

order requiring the payment of support for the child AND                        

PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD.                  5,391        

                                                          125    

                                                                 
      A party to a request made under this division may raise the  5,393        

issue of the existence or nonexistence of a parent-child           5,394        

relationship between the presumed natural father and the child     5,395        

UNLESS THE PRESUMPTION IS BASED ON ACKNOWLEDGMENT OF PATERNITY     5,396        

THAT HAS BECOME FINAL PURSUANT TO SECTION 2151.232, 3111.211, OR   5,397        

5101.314 OF THE REVISED CODE.  If a request is made for an                      

administrative order of PROVIDING FOR support AND HEALTH CARE      5,399        

NEEDS pursuant to division (D) of this section and the issue of    5,400        

the existence or nonexistence of a parent-child relationship is    5,401        

raised, the administrative officer shall treat the request as a    5,402        

request made pursuant to section 3111.22 of the Revised Code and   5,403        

determine the issue pursuant to that section.  The administrative  5,405        

officer may issue an order pursuant to division (D) of this        5,406        

section if the administrative proceeding terminates before a                    

determination of the existence or nonexistence of a parent-child   5,407        

relationship is made and the termination is due to the presumed    5,409        

natural father's failure to sign an acknowledgment of paternity,   5,410        

sign an agreement to be bound by the results of genetic testing,   5,412        

or appear at the administrative hearing without showing good       5,413        

cause for the failure to appear, or the proceedings terminate      5,414        

because of the presumed natural father's failure to submit to      5,416        

genetic testing or submit the child to genetic testing.  An        5,417        

administrative order issued pursuant to division (D) of this       5,419        

section does not preclude a party from requesting a determination  5,420        

of the issue of the existence or nonexistence of a parent-child    5,421        

PARENT AND CHILD relationship pursuant to this chapter if the      5,422        

issue is WAS not determined with respect to the party in the       5,424        

proceedings conducted pursuant to division (D) of this section OR  5,425        

PURSUANT TO AN ACKNOWLEDGMENT OF PATERNITY THAT HAS BECOME FINAL   5,426        

UNDER SECTION 2151.232, 3111.211, OR 5101.314 OF THE REVISED                    

CODE.  An order issued pursuant to division (D) of this section    5,428        

shall remain effective until a final and enforceable               5,429        

determination is made pursuant to this chapter that a                           

parent-child relationship does not exist between the presumed      5,430        

                                                          126    

                                                                 
natural father and the child or until the occurrence of an event   5,431        

described in division (E)(4)(a) of section 3111.23 of the Revised  5,432        

Code that requires the order to be terminated.                     5,433        

      (D)  If a request is made pursuant to division (C) of this   5,435        

section OR DIVISION (A) OF SECTION 3111.211 OF THE REVISED CODE    5,436        

for an administrative order requiring the payment of child         5,438        

support AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD, the               

administrative officer shall schedule an administrative hearing    5,440        

to determine, in accordance with sections 3111.23 to 3111.29 and   5,441        

3113.215 of the Revised Code, the amount of child support either   5,442        

parent is required to pay and, the method of paying that child     5,444        

support, AND THE METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE.  5,445        

The hearing shall be held not later than sixty days after the      5,446        

issuance of the administrative order REQUEST IS MADE PURSUANT TO   5,447        

DIVISION (A) OF THIS SECTION OR DIVISION (A) OF SECTION 3111.211   5,448        

OF THE REVISED CODE nor earlier than thirty days after the         5,449        

officer gives the mother and father of the child notice of the     5,450        

action.  When an administrative officer issues an administrative   5,451        

order for the payment of support AND PROVISION FOR THE CHILD'S     5,452        

HEALTH CARE, all of the following apply:                           5,453        

      (1)  An THE administrative SUPPORT order for the payment of  5,456        

support ordinarily shall be for REQUIRE periodic payments OF       5,457        

SUPPORT that may vary in amount.  In, EXCEPT THAT, IF IT IS IN     5,459        

the best interest of the child, the administrative officer may     5,461        

order a lump sum payment or the purchase of an annuity in lieu of  5,462        

periodic payments of support.                                                   

      (2)  THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE      5,464        

PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN       5,465        

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              5,466        

      The administrative SUPPORT order for the payment of support  5,469        

shall include a notice stating that the mother or the father may   5,470        

object to the administrative order by bringing an action for the                

payment of support AND PROVISION FOR THE CHILD'S HEALTH CARE       5,471        

under section 2151.321 of the Revised Code in the juvenile court   5,473        

                                                          127    

                                                                 
of the county in which the child or the guardian or legal          5,474        

custodian of the child resides, that the action may be brought no  5,475        

later than thirty days after the date of the issuance of the       5,476        

administrative SUPPORT order requiring the payment of child        5,477        

support, and that, if neither the mother nor the father brings an  5,478        

action for the payment of support AND PROVISION FOR THE CHILD'S                 

HEALTH CARE within that thirty-day period, the administrative      5,480        

SUPPORT order requiring the payment of support is final and        5,482        

enforceable by a court and may be modified and enforced only AS    5,483        

PROVIDED in accordance with sections 3111.20 to 3111.28 and        5,484        

3113.21 to 3113.219 of the Revised Code.                           5,485        

      Sec. 3111.21.  IF THE NATURAL MOTHER AND ALLEGED FATHER OF   5,487        

A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT PREPARED     5,488        

PURSUANT TO SECTION 5101.324 OF THE REVISED CODE WITH RESPECT TO   5,491        

THAT CHILD AT A CHILD SUPPORT ENFORCEMENT AGENCY, THE AGENCY       5,492        

SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE ACKNOWLEDGMENT.      5,493        

THE AGENCY, ON THE REQUEST OF THE MOTHER AND FATHER, SHALL SEND A  5,494        

SIGNED AND NOTARIZED ACKNOWLEDGMENT OF PATERNITY TO THE DIVISION   5,495        

OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO   5,496        

SECTION 5101.314 OF THE REVISED CODE.  THE AGENCY SHALL SEND THE   5,499        

ACKNOWLEDGMENT NO LATER THAN TEN DAYS AFTER IT HAS BEEN SIGNED     5,500        

AND NOTARIZED.  IF THE AGENCY KNOWS A MAN IS PRESUMED UNDER        5,501        

SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE        5,502        

CHILD, THE AGENCY SHALL NOT NOTARIZE OR SEND AN ACKNOWLEDGMENT     5,503        

WITH RESPECT TO THE CHILD PURSUANT TO THIS SECTION.                5,504        

      Sec. 3111.211.  (A)  IF AN ACKNOWLEDGMENT HAS BEEN FILED     5,506        

AND ENTERED INTO THE BIRTH REGISTRY PURSUANT TO SECTION 5101.314   5,507        

OF THE REVISED CODE BUT HAS NOT YET BECOME FINAL, EITHER OF THE    5,509        

PERSONS WHO SIGNED THE ACKNOWLEDGMENT MAY REQUEST THAT AN          5,510        

ADMINISTRATIVE OFFICER OF A CHILD SUPPORT ENFORCEMENT AGENCY       5,511        

ISSUE AN ADMINISTRATIVE ORDER PURSUANT TO DIVISION (B) OF THIS     5,512        

SECTION FOR PAYMENT OF CHILD SUPPORT AND PROVIDING FOR THE HEALTH  5,513        

CARE NEEDS OF THE CHILD.                                                        

      A PARTY TO A REQUEST MADE UNDER THIS SECTION MAY RAISE THE   5,515        

                                                          128    

                                                                 
ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD       5,516        

RELATIONSHIP.  IF A REQUEST IS MADE PURSUANT TO THIS SECTION AND   5,517        

THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD   5,518        

RELATIONSHIP IS RAISED, THE ADMINISTRATIVE OFFICER SHALL TREAT     5,519        

THE REQUEST AS A REQUEST MADE PURSUANT TO SECTION 3111.22 OF THE   5,520        

REVISED CODE AND DETERMINE THE ISSUE IN ACCORDANCE WITH THAT       5,522        

SECTION.  THE ADMINISTRATIVE OFFICER SHALL PROMPTLY NOTIFY THE     5,523        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES      5,524        

THAT PROCEEDINGS ARE BEING CONDUCTED IN COMPLIANCE WITH SECTION    5,525        

3111.22 OF THE REVISED CODE.  ON RECEIPT OF THE NOTICE BY THE      5,526        

DIVISION, THE ACKNOWLEDGMENT OF PATERNITY SIGNED BY THE PARTIES    5,527        

AND FILED PURSUANT TO SECTION 5101.314 OF THE REVISED CODE SHALL   5,529        

BE CONSIDERED RESCINDED.                                                        

      IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR    5,531        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO THE    5,532        

REQUEST MADE UNDER THIS SECTION AND AN ADMINISTRATIVE ORDER IS     5,534        

ISSUED PURSUANT TO DIVISION (B) OF THIS SECTION PRIOR TO THE DATE  5,535        

THE ACKNOWLEDGMENT FILED AND ENTERED ON THE BIRTH REGISTRY UNDER   5,536        

SECTION 5101.314 OF THE REVISED CODE BECOMES FINAL, THE            5,538        

ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF THE DATE OF THE     5,539        

ISSUANCE OF THE ORDER.  AN ADMINISTRATIVE ORDER ISSUED PURSUANT    5,540        

TO DIVISION (B) OF THIS SECTION SHALL NOT AFFECT AN                5,541        

ACKNOWLEDGMENT THAT BECOMES FINAL PURSUANT TO SECTION 5101.314 OF  5,542        

THE REVISED CODE PRIOR TO THE ISSUANCE OF THE ORDER.               5,544        

      (B)  IF A REQUEST IS MADE PURSUANT TO DIVISION (A) OF THIS   5,547        

SECTION FOR AN ADMINISTRATIVE ORDER REQUIRING THE PAYMENT OF       5,548        

CHILD SUPPORT AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE       5,549        

CHILD, THE ADMINISTRATIVE OFFICER SHALL COMPLY WITH THE            5,550        

REQUIREMENTS OF DIVISION (D) OF SECTION 3111.20 OF THE REVISED     5,552        

CODE AND SHALL ISSUE A SUPPORT ORDER IN ACCORDANCE WITH THAT       5,553        

DIVISION.                                                                       

      Sec. 3111.22.  (A)(1)  Except as otherwise provided in       5,562        

division (A)(2) of this section, no person may bring an action     5,563        

under sections 3111.01 to 3111.19 of the Revised Code before       5,564        

                                                          129    

                                                                 
requesting an administrative determination of the existence or     5,565        

nonexistence of a parent and child relationship from the child     5,566        

support enforcement agency of the county in which the child or     5,567        

the guardian or legal custodian of the child resides.              5,568        

      (2)  If the alleged father of a child is deceased and        5,570        

proceedings for the probate of the estate of the alleged father    5,571        

have been or can be commenced, the court with jurisdiction over    5,572        

the probate proceedings shall retain jurisdiction to determine     5,573        

the existence or nonexistence of a parent and child relationship   5,574        

between the alleged father and any child without an                5,575        

administrative determination being requested from a child support  5,576        

enforcement agency.  If an action for divorce, dissolution of      5,577        

marriage, or legal separation, or an action under section          5,578        

2151.231 of the Revised Code requesting an order requiring the     5,579        

payment of child support AND PROVISION FOR THE HEALTH CARE OF A    5,580        

CHILD, has been filed in a court of common pleas and a question    5,582        

as to the existence or nonexistence of a parent and child          5,583        

relationship arises, the court in which the original action was    5,584        

filed shall retain jurisdiction to determine the existence or      5,585        

nonexistence of the parent and child relationship without an       5,586        

administrative determination being requested from a child support  5,587        

enforcement agency.  If a juvenile court issues a support order    5,588        

under section 2151.231 of the Revised Code relying on a            5,589        

presumption under section 3111.03 of the Revised Code, the         5,590        

juvenile court that issued the support order shall retain          5,592        

jurisdiction if a question as to the existence of a parent and     5,593        

child relationship arises.                                                      

      (B)  Except as provided in division (A)(2) of this section,  5,595        

before a person brings an action pursuant to sections 3111.01 to   5,596        

3111.19 of the Revised Code to determine the existence or          5,597        

nonexistence of a parent and child relationship, the person shall  5,599        

request the child support enforcement agency of the county in      5,600        

which the child or the guardian or legal custodian of the child    5,601        

resides to determine the existence or nonexistence of a parent     5,602        

                                                          130    

                                                                 
and child relationship between the alleged father and the child.   5,603        

If more than one agency receives a request pursuant to this        5,604        

section, the agency that receives the request first shall proceed  5,605        

with the request.  The request shall contain all of the following  5,606        

information:                                                       5,607        

      (1)  The name, birthdate, and current address of the         5,609        

alleged father of the child;                                       5,610        

      (2)  The name, social security number, and current address   5,612        

of the mother of the child;                                        5,613        

      (3)  The name and last known address of the alleged father   5,615        

of the child;                                                      5,616        

      (4)  THE NAME AND BIRTHDATE OF THE CHILD.                    5,618        

      (C)(1)  Upon receiving a request for a determination of the  5,620        

existence or nonexistence of a parent and child relationship in    5,621        

accordance with division (B) of this section, the agency shall     5,622        

schedule a hearing before an administrative officer to determine   5,623        

whether the natural mother and the alleged natural father would    5,624        

voluntarily sign an acknowledgment of paternity or agree to be     5,625        

bound to the results of genetic testing.  The hearing shall be     5,626        

held no later than sixty days after the date on which the request  5,627        

was received and no earlier than thirty days after the date the    5,628        

agency provides notice of the hearing to the mother and the        5,629        

alleged father ASSIGN AN ADMINISTRATIVE OFFICER TO CONSIDER THE    5,630        

REQUEST.  THE ADMINISTRATIVE OFFICER SHALL ISSUE AN ORDER          5,632        

REQUIRING THE CHILD, THE MOTHER, AND THE ALLEGED FATHER TO SUBMIT  5,633        

TO GENETIC TESTING.  IN THE ORDER, THE AGENCY SHALL SCHEDULE THE   5,634        

GENETIC TESTS FOR THE MOTHER, ALLEGED FATHER, AND CHILD ON A DATE  5,635        

THAT IS NO LATER THAN FORTY-FIVE DAYS AFTER THE ORDER IS ISSUED    5,636        

AND SHALL REQUIRE THE TESTS TO BE CONDUCTED IN ACCORDANCE WITH     5,637        

THE RULES ADOPTED BY THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO  5,638        

SECTION 2301.35 OF THE REVISED CODE.                               5,639        

      After scheduling the hearing, the THE agency shall give      5,641        

ATTACH A notice TO THE ORDER AND SEND BOTH in accordance with the  5,643        

Rules of Civil Procedure to the mother and the alleged father      5,645        

                                                          131    

                                                                 
stating.  THE NOTICE SHALL STATE all of the following:             5,646        

      (a)  That the agency has been requested to determine the     5,648        

existence of a parent and child relationship between a child and   5,649        

the alleged named father;                                          5,650        

      (b)  The name and birthdate of the child of which the man    5,652        

is alleged to be the natural father;                               5,653        

      (c)  The name of the mother and the alleged natural father;  5,655        

      (d)  The rights and responsibilities of a parent;            5,657        

      (e)  That the person served with notice must appear at the   5,659        

administrative hearing at the date, time, and location set forth   5,660        

in the notice, that all interested persons will have the           5,661        

opportunity to produce evidence proving or disproving the          5,662        

allegation, and that the child, the mother, and the alleged        5,663        

father may be required to MUST submit to genetic testing at the    5,664        

DATE, time of the hearing, AND PLACE DETERMINED BY THE AGENCY IN   5,666        

THE ORDER ISSUED PURSUANT TO DIVISION (C)(1) OF THIS SECTION;      5,667        

      (f)  That any person served with notice has the right to     5,669        

bring legal counsel to the THE administrative hearing PROCEDURE    5,671        

FOR DETERMINING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP;  5,672        

      (g)  THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY  5,674        

FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER,         5,675        

NATURAL MOTHER, OR THE CUSTODIAN OF THE CHILD WILLFULLY FAILS TO   5,676        

SUBMIT THE CHILD TO GENETIC TESTING, THE AGENCY SHALL ISSUE AN     5,677        

ORDER THAT IT IS INCONCLUSIVE WHETHER THE ALLEGED FATHER IS THE    5,678        

CHILD'S NATURAL FATHER;                                            5,679        

      (h)  THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY  5,682        

FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER,         5,683        

NATURAL MOTHER, OR CUSTODIAN OF THE CHILD WILLFULLY FAILS TO       5,684        

SUBMIT THE CHILD TO GENETIC TESTING, THEY MAY BE FOUND IN          5,685        

CONTEMPT OF COURT.                                                              

      (2)  If both the mother and the alleged father attend the    5,687        

hearing scheduled under division (C)(1) of this section, the       5,688        

administrative officer shall do both of the following:             5,689        

      (a)  Explain the allegation, the administrative procedure    5,691        

                                                          132    

                                                                 
for determining the existence of a parent and child relationship,  5,692        

and the rights and responsibilities of a parent to a child;        5,693        

      (b)  Explain that the mother and the alleged father have     5,695        

the right to not dispute the allegation and sign an                5,696        

acknowledgment of paternity acknowledging that the child is the    5,697        

child of the alleged father and agree that the father will assume  5,698        

the parental duty of support.                                      5,699        

      (3)  If both the mother and the alleged father sign an       5,701        

acknowledgment of paternity, the administrative officer shall      5,702        

issue an administrative order that the alleged father is the       5,703        

father of the child who is the subject of the proceeding.  The     5,704        

order shall include any information that the department requires   5,705        

pursuant to section 2301.35 of the Revised Code and shall include  5,706        

a statement that the mother and father may object to the           5,707        

determination by bringing an action under sections 3111.01 to      5,708        

3111.19 of the Revised Code within thirty days after the date the  5,709        

administrative officer issued the administrative order             5,710        

determining the existence of a parent and child relationship       5,711        

between the alleged natural father and the child.                  5,712        

      (4)  If an administrative officer issues an administrative   5,714        

order determining the existence of a parent and child              5,715        

relationship pursuant to division (C)(3) of this section or if an  5,716        

acknowledgment of paternity is filed pursuant to section 2105.18   5,717        

of the Revised Code and one of the parents named on the            5,718        

acknowledgment of paternity requests an administrative officer to  5,719        

issue an administrative order requiring the payment of child       5,720        

support, the administrative officer shall schedule an              5,721        

administrative hearing to determine, in accordance with sections   5,722        

3111.23 to 3111.29 and 3113.215 of the Revised Code, the amount    5,724        

of child support any parent is required to pay and the method of   5,725        

payment of the child support.  The hearing shall be held no later  5,726        

than sixty days after the date of the issuance of the order and    5,727        

no earlier than thirty days after the date the agency gives the    5,728        

mother and the father notice of the administrative hearing.  When  5,729        

                                                          133    

                                                                 
an administrative officer issues an administrative order for the   5,730        

payment of support, all of the following apply:                    5,731        

      (a)  An administrative order for the payment of support      5,733        

ordinarily shall be for periodic payments that may vary in         5,734        

amount.  In the best interest of the child, the administrative     5,735        

officer may order a lump sum payment or the purchase of an         5,736        

annuity in lieu of periodic payments of support.                   5,737        

      (b)  The administrative order for the payment of support     5,739        

shall include a notice stating that the mother or the father may   5,740        

object to an administrative order by bringing an action for the    5,741        

payment of support under section 2151.231 of the Revised Code in   5,742        

the juvenile court of the county in which the child or the         5,743        

guardian or legal custodian of the child resides, that the action  5,744        

may be brought no later than thirty days after the date of the     5,745        

issuance of the administrative order requiring the payment of      5,746        

child support, and that, if neither the mother nor the father      5,747        

brings an action for the payment of support within that            5,748        

thirty-day period, the administrative order requiring the payment  5,749        

of support is final and enforceable by a court and may be          5,750        

modified and enforced only in accordance with sections 3111.20 to  5,752        

3111.28 and 3113.21 to 3113.219 of the Revised Code.               5,753        

      (5)(a)  If both the mother and the alleged father attend     5,755        

the administrative hearing scheduled under division (C)(1) of      5,756        

this section but do not sign an acknowledgment of paternity, the   5,757        

administrative officer shall explain to the mother and the father  5,758        

that they have the right to agree to be bound by the results of    5,759        

genetic testing, that, if they agree to be bound by genetic        5,760        

testing and the results show a ninety-five per cent or greater     5,761        

probability that the alleged father is the natural father of the   5,762        

child, the administrative officer will issue an administrative     5,763        

order that the alleged father is the father of the child, that,    5,764        

if the results of the genetic testing show a less than             5,765        

ninety-five per cent probability that the alleged father is the    5,766        

natural father of the child but do not exclude the alleged father  5,767        

                                                          134    

                                                                 
as the natural father of the child, the administrative officer     5,768        

will issue an administrative order stating that it is              5,769        

inconclusive whether the alleged father is the natural father of   5,770        

the child, and that if the results show that the alleged father    5,771        

is excluded as the natural father of the child, the                5,772        

administrative officer will issue an administrative order that     5,773        

the alleged father is not the father of the child.                 5,774        

      (b)  If both the mother and the alleged father sign a        5,776        

voluntary agreement to genetic testing stating that they agree to  5,777        

be bound by the results of genetic testing performed by an         5,778        

examiner authorized by the department of human services and that   5,779        

they waive any right to a jury trial, the administrative officer   5,780        

shall schedule a date and time for the mother, the child, and the  5,781        

alleged father to submit to genetic testing in accordance with     5,782        

the rules adopted by the department of human services pursuant to  5,783        

section 2301.35 of the Revised Code.  If the natural mother and    5,784        

the alleged father both sign a voluntary agreement to genetic      5,785        

testing, all THE GENETIC TESTING SHALL BE CONDUCTED BY A           5,788        

QUALIFIED EXAMINER AUTHORIZED BY THE DEPARTMENT OF HUMAN           5,789        

SERVICES.  ON COMPLETION OF THE GENETIC TESTS, THE EXAMINER SHALL  5,790        

SEND A COMPLETE REPORT OF THE TEST RESULTS TO THE AGENCY.  THE     5,791        

ADMINISTRATIVE OFFICER SHALL DO ONE of the following apply:        5,792        

      (i)(a)  If the results of the genetic testing show a         5,794        

ninety-five NINETY-NINE per cent or greater probability that the   5,795        

alleged father is the natural father of the child, the             5,797        

administrative officer of the agency shall issue an                5,798        

administrative order that the alleged father is the father of the  5,799        

child who is the subject of the proceeding.                        5,800        

      (ii)(b)  If the results of genetic testing show less than a  5,802        

ninety-five NINETY-NINE per cent probability that the alleged      5,803        

father is the natural father of the child but do not exclude the   5,805        

alleged father from being the natural father of the child, the     5,806        

administrative officer shall issue an administrative order         5,807        

stating that it is inconclusive whether the alleged father is the  5,808        

                                                          135    

                                                                 
natural father of the child.                                       5,809        

      (iii)(c)  If the results of the genetic testing exclude the  5,811        

alleged father from being the natural father of the child, the     5,812        

administrative officer shall issue an administrative order that    5,813        

the alleged father is not the father of the child who is the       5,814        

subject of the proceeding.                                         5,815        

      (iv)  AN ADMINISTRATIVE OFFICER SHALL INCLUDE WITH ANY       5,817        

ORDER THE OFFICER ISSUES PURSUANT TO DIVISION (C)(2)(a) OR (c) OF  5,820        

THIS SECTION A NOTICE THAT CONTAINS THE INFORMATION DESCRIBED IN                

DIVISION (D) OF THIS SECTION INFORMING THE MOTHER, FATHER, AND     5,821        

THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD OF THE RIGHT TO       5,822        

OBJECT TO THE ORDER.                                               5,823        

      (D)  When an administrative officer issues an                5,825        

administrative order determining the existence or nonexistence of  5,826        

a parent and child relationship pursuant to DIVISION (C)(2)(a) OR  5,828        

(c) OF this section, the officer shall include in the              5,830        

administrative order a notice that both the mother and the,        5,832        

alleged father, AND THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD   5,833        

may object to the determination by bringing, within thirty days    5,834        

after the date the administrative officer issued the order, an     5,835        

action under sections 3111.01 to 3111.19 of the Revised Code in    5,836        

the juvenile court in the county in which the alleged father, the  5,837        

mother, the child, or the guardian or custodian of the child       5,838        

resides and that if neither brings AGENCY THAT EMPLOYS THE         5,839        

ADMINISTRATIVE OFFICER IS LOCATED.  IF THE MOTHER, ALLEGED         5,840        

FATHER, OR GUARDIAN OR LEGAL CUSTODIAN DOES NOT BRING an action    5,841        

within that thirty-day period, the administrative order is final   5,842        

and enforceable by a court AND MAY NOT BE CHALLENGED IN AN ACTION  5,843        

OR PROCEEDING UNDER CHAPTER 3111. OF THE REVISED CODE.                          

      (c)(E)(1)  If an administrative officer issues an            5,845        

administrative order determining the existence of a parent and     5,847        

child relationship between the alleged father and the child        5,848        

PURSUANT TO DIVISION (C)(2)(a) OF THIS SECTION, the                5,849        

administrative officer shall schedule an administrative hearing    5,850        

                                                          136    

                                                                 
to determine, in accordance with sections 3111.23 to 3111.29 and   5,852        

3113.215 of the Revised Code, the amount of child support any                   

parent is required to pay and, the method of payment of child      5,853        

support, AND THE METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE.  5,855        

The hearing shall be held no later than sixty days after the date  5,856        

of the issuance of the order and no earlier than thirty days       5,857        

after the date the administrative officer gives the mother and     5,858        

the father notice of the administrative hearing.  WHEN AN                       

ADMINISTRATIVE OFFICER ISSUES AN ADMINISTRATIVE ORDER FOR THE      5,860        

PAYMENT OF SUPPORT AND PROVISION FOR THE CHILD'S HEALTH CARE, ALL  5,861        

OF THE FOLLOWING APPLY:                                                         

      (a)  THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE          5,863        

PERIODIC PAYMENTS OF SUPPORT THAT MAY VARY IN AMOUNT, EXCEPT       5,864        

THAT, IF IT IS IN THE BEST INTEREST OF THE CHILD, THE              5,865        

ADMINISTRATIVE OFFICER MAY ORDER A LUMP-SUM PAYMENT OR THE         5,866        

PURCHASE OF AN ANNUITY IN LIEU OF PERIODIC PAYMENTS OF SUPPORT.    5,868        

      (b)  THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE      5,871        

PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN                    

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              5,874        

      (c)  THE ADMINISTRATIVE SUPPORT ORDER SHALL INCLUDE A        5,877        

NOTICE INFORMING THE MOTHER, FATHER, AND THE LEGAL GUARDIAN OR                  

CUSTODIAN OF THE CHILD OF THE RIGHT TO OBJECT TO THE ORDER AND     5,879        

CONTAINING THE INFORMATION DESCRIBED IN DIVISION (E)(2) OF THIS    5,880        

SECTION.                                                           5,881        

      (d)(2)  The mother or the, father, OR THE LEGAL GUARDIAN OR  5,884        

CUSTODIAN OF THE CHILD may object to the administrative order by   5,885        

bringing an action for the payment of support AND PROVISION FOR    5,886        

THE CHILD'S HEALTH CARE under section 2151.231 of the Revised      5,887        

Code in the juvenile court of the county in which the child or     5,888        

the guardian or legal custodian of the child resides AGENCY THAT   5,889        

EMPLOYS THE ADMINISTRATIVE OFFICER IS LOCATED.  The action shall   5,890        

be brought no later than thirty days after the date of the         5,891        

issuance of the administrative SUPPORT order requiring the         5,892        

payment of child support.  If neither the mother nor the father    5,893        

                                                          137    

                                                                 
brings an action for the payment of support AND PROVISION FOR THE  5,894        

CHILD'S HEALTH CARE within that thirty-day period, the             5,895        

administrative SUPPORT order requiring the payment of support is   5,896        

final and enforceable by a court and may be modified and enforced  5,897        

only AS PROVIDED in accordance with sections 3111.20 to 3111.28    5,898        

and 3113.21 to 3113.219 of the Revised Code.                       5,899        

      (e)(F)  If the alleged natural father or the natural mother  5,902        

willfully fails to submit to genetic testing or if either parent                

or any other person who is the custodian of the child willfully    5,903        

fails to submit the child to genetic testing, the agency shall     5,904        

enter an administrative order stating that it is inconclusive as   5,905        

to whether the alleged natural father is the natural father of     5,906        

the child and shall provide A notice to the parties INFORMING      5,907        

THEM that an action may be brought under sections 3111.01 to       5,909        

3111.19 of the Revised Code to establish a parent and child        5,910        

relationship.                                                                   

      (6)  If the mother and the alleged father both do not sign   5,912        

an acknowledgment of paternity or an agreement to be bound by the  5,913        

results of genetic testing or if either the mother or the natural  5,914        

father does not appear at the administrative hearing and does not  5,915        

show good cause why he or she did not appear at the                5,916        

administrative hearing, the agency shall deny and dismiss the      5,917        

request for an administrative determination of the existence or    5,918        

nonexistence of a parent and child relationship and inform the     5,919        

mother and the alleged father that they may bring an action under  5,920        

sections 3111.01 to 3111.19 of the Revised Code to determine the   5,921        

existence of a parent and child relationship.                      5,922        

      (D)(1)  The guardian or legal custodian of a child may       5,924        

object to an administrative officer's determination of the         5,925        

existence or nonexistence of a parent and child relationship by    5,926        

bringing an action under sections 3111.01 to 3111.19 of the        5,927        

Revised Code in the juvenile court of the county in which the      5,928        

child, the mother, or the alleged father resides or is found to    5,929        

determine the existence or nonexistence of a parent and child      5,930        

                                                          138    

                                                                 
relationship.  The action shall be brought no later than thirty    5,931        

days after the date of the issuance of the administrative order    5,932        

determining the existence or nonexistence of a parent and child    5,933        

relationship.  If neither the mother nor the alleged father files  5,934        

an action under sections 3111.01 to 3111.19 of the Revised Code    5,935        

in the juvenile court within the thirty-day period, the            5,936        

administrative order determining a parent and child relationship   5,937        

is final and enforceable by a court.                               5,938        

      (2)  The mother or the father of a child may object to an    5,940        

administrative officer's administrative order for the payment of   5,941        

support by bringing an action for the payment of support under     5,942        

section 2151.231 of the Revised Code in the juvenile court of the  5,943        

county in which the child or the guardian or legal custodian of    5,944        

the child resides.  The action shall be brought no later than      5,945        

thirty days after the date the administrative officer issued the   5,946        

administrative order requiring the payment of child support.  If   5,947        

neither the mother nor the alleged father files an action for the  5,948        

payment of support in the juvenile court within the thirty-day     5,949        

period, the administrative order requiring the payment of support  5,950        

is final and enforceable by a court and may be modified and        5,951        

enforced only in accordance with sections 3111.20 to 3111.28 and   5,952        

3113.21 to 3113.219 of the Revised Code.                           5,953        

      (G)  ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE   5,955        

EXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE     5,956        

FULL NAMES, ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER   5,957        

AND FATHER OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE       5,958        

CHILD.  THE AGENCY, AS PART OF AN ORDER DETERMINING THE EXISTENCE  5,960        

OF A PARENT AND CHILD RELATIONSHIP ISSUED PURSUANT TO THIS         5,961        

SECTION, MAY ORDER THE SURNAME OF THE CHILD SUBJECT TO THE         5,962        

DETERMINATION TO BE CHANGED AND ORDER THE CHANGE TO BE MADE ON     5,963        

THE CHILD'S BIRTH RECORD CONSISTENT WITH THE ORDER IF THE PARTIES  5,965        

AGREE TO THE CHANGE.                                                            

      (H)  AN ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO      5,968        

SECTION 3111.21 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE    5,971        

                                                          139    

                                                                 
OF THIS AMENDMENT THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS  5,972        

AMENDMENT SHALL REMAIN IN EFFECT ON AND AFTER THE EFFECTIVE DATE   5,973        

OF THE AMENDMENT AND SHALL BE CONSIDERED AN ADMINISTRATIVE                      

SUPPORT ORDER ISSUED PURSUANT TO THIS SECTION FOR ALL PURPOSES.    5,975        

      (I)  AS USED IN THIS SECTION, "BIRTH RECORD" HAS THE SAME    5,977        

MEANING AS IN SECTION 3705.01 OF THE REVISED CODE.                 5,978        

      Sec. 3111.221.  AS USED IN THIS SECTION, "BIRTH RECORD" HAS  5,980        

THE SAME MEANING AS IN SECTION 3705.01 OF THE REVISED CODE.        5,981        

      IF AN ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OR      5,983        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP INCLUDES A         5,984        

FINDING THAT THE CHILD'S FATHER IS A MAN OTHER THAN THE MAN NAMED  5,985        

IN THE CHILD'S BIRTH RECORD AS THE FATHER OR IS OTHERWISE AT       5,986        

VARIANCE WITH THE CHILD'S BIRTH RECORD, THE AGENCY THAT MADE THE   5,987        

DETERMINATION SHALL NOTIFY THE DEPARTMENT OF HEALTH OF THE         5,988        

DETERMINATION AS SOON AS ANY PERIOD FOR OBJECTION TO THE                        

DETERMINATION PROVIDED FOR IN FORMER SECTION 3111.21 OR SECTION    5,989        

3111.22 OF THE REVISED CODE HAS ELAPSED.                                        

      ON RECEIPT OF NOTICE UNDER THIS SECTION OR NOTICE FROM AN    5,991        

AGENCY OF ANOTHER STATE WITH AUTHORITY TO MAKE PATERNITY           5,992        

DETERMINATIONS THAT HAS MADE A DETERMINATION OF THE EXISTENCE OR   5,993        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, THE DEPARTMENT    5,994        

OF HEALTH SHALL, IN ACCORDANCE WITH SECTION 3705.09 OF THE         5,995        

REVISED CODE, PREPARE A NEW BIRTH RECORD CONSISTENT WITH THE       5,996        

AGENCY'S DETERMINATION AND SUBSTITUTE THE NEW RECORD FOR THE       5,997        

ORIGINAL BIRTH RECORD.                                                          

      Sec. 3111.23.  (A)(1)  If an administrative officer of a     6,006        

child support enforcement agency issues an administrative support  6,007        

order under section 3111.20, 3111.21 3111.211, or 3111.22 of the   6,009        

Revised Code, the agency shall require the withholding or          6,011        

deduction of an amount of the wages INCOME or assets of the        6,012        

obligor in accordance with division (B) of this section OR                      

REQUIRE THE ISSUANCE OF AN ORDER IN ACCORDANCE WITH SECTION        6,013        

3111.231 OF THE REVISED CODE to ensure that withholding or         6,015        

deduction from the wages INCOME or assets of the obligor is        6,016        

                                                          140    

                                                                 
available from the commencement of the administrative support      6,017        

order for the collection of the support and any arrearages that    6,018        

occur.  The agency shall determine the specific withholding or     6,019        

deduction requirements OR OTHER REQUIREMENT applicable to the      6,020        

obligor under the administrative support order in accordance with               

division (B) of this section AND SECTION 3111.231 OF THE REVISED   6,021        

CODE and shall include the specific requirements in the notices    6,022        

described in divisions (A)(2) and (B) of this section OR IN AN     6,024        

ORDER DESCRIBED UNDER SECTION 3111.231 OF THE REVISED CODE.  Any   6,025        

person required to comply with the withholding or deduction        6,026        

requirements shall determine the manner of withholding or          6,027        

deducting an amount of the wages INCOME or assets of the obligor   6,028        

in accordance with the specific requirements included in the       6,029        

notices described in those divisions without the need for any      6,030        

amendment to the administrative support order.  ANY PERSON                      

REQUIRED TO COMPLY WITH AN ORDER DESCRIBED IN SECTION 3111.231 OF  6,031        

THE REVISED CODE SHALL COMPLY WITHOUT THE NEED FOR ANY AMENDMENT   6,032        

TO THE ADMINISTRATIVE ORDER.  The agency shall include in an       6,033        

administrative support order under section 3111.20, 3111.21        6,034        

3111.211, or 3111.22 of the Revised Code a general provision that  6,035        

states the following:                                                           

      "All child support ordered by this administrative support    6,037        

order shall be withheld or deducted from the wages INCOME or       6,038        

assets of the obligor pursuant to a withholding or deduction       6,040        

notice issued in accordance with section 3111.23 of the Revised    6,042        

Code and shall be forwarded to the obligee in accordance with                   

sections 3111.23 to 3111.28 of the Revised Code."                  6,044        

      (2)  In any action in which support is ordered or modified   6,046        

under an administrative support order as described in division     6,047        

(A)(1) of this section, the child support enforcement agency       6,048        

shall determine in accordance with division (B) of this section    6,049        

OR SECTION 3111.231 OF THE REVISED CODE the types of withholding   6,050        

or deduction requirements OR OTHER REQUIREMENTS that should be     6,051        

imposed relative to the obligor under the administrative support   6,052        

                                                          141    

                                                                 
order to collect the support due under the order.  Within fifteen  6,053        

days after the obligor under the administrative support order is   6,054        

located subsequent to the issuance of the administrative support   6,055        

order or within fifteen days after the default under the           6,056        

administrative support order, whichever is applicable, the agency  6,057        

shall send a notice by regular mail to each person required to     6,058        

comply with a withholding or deduction requirement.  The notice    6,059        

shall specify the withholding or deduction requirement and shall   6,060        

contain all of the information set forth in division (B)(1)(b),    6,061        

OR (2)(b), (3)(b), (4)(b), or (5)(b) of this section that is       6,062        

applicable to the requirement.  The notices, plus the notices      6,063        

provided by the child support enforcement agency that require the  6,064        

obligor to notify the agency of any change in the obligor's        6,065        

employment status or of any other change in the status of the      6,066        

obligor's assets, are final and are enforceable by the court.      6,068        

The agency shall provide the notice to the obligor in accordance   6,069        

with division (B)(1)(c), OR (2)(c), (3)(c), (4)(c), or (5)(c) of   6,070        

this section, whichever is applicable, and shall include with      6,071        

that notice the additional notices described in the particular     6,072        

division that is applicable.                                                    

      (3)(a)  If support is ordered or modified on or after        6,074        

December 31, 1993, under an administrative support order issued    6,075        

under FORMER SECTION 3111.21 OR section 3111.20, 3111.21           6,077        

3111.211, or 3111.22 of the Revised Code, if the child support                  

enforcement agency has determined in accordance with division      6,079        

(A)(2) of this section the types of withholding or deduction       6,080        

requirements OR OTHER REQUIREMENTS that should be imposed                       

relative to the obligor under the support order to collect the     6,082        

support due under the order, if the agency has sent the            6,083        

appropriate WITHHOLDING OR DEDUCTION notices OR ISSUED AND SENT    6,084        

AN ORDER UNDER SECTION 3111.231 OF THE REVISED CODE to the         6,085        

persons required to comply with the withholding or deduction                    

requirements OR ORDER that the agency determined should be         6,086        

imposed, and if the agency is notified or otherwise determines     6,087        

                                                          142    

                                                                 
that the employment status or other circumstances of the obligor   6,088        

have changed, the agency shall conduct an investigation to         6,089        

determine whether it is more appropriate to impose another type    6,090        

of or an additional withholding or deduction requirement OR ORDER  6,091        

regarding the administrative support order and shall issue and     6,092        

send by regular mail one or more notices described in division     6,093        

(B) of this section OR AN ORDER PURSUANT TO SECTION 3111.231 OF    6,094        

THE REVISED CODE that it determines are appropriate.  THE AGENCY   6,095        

SHALL IMMEDIATELY CANCEL ANY PREVIOUSLY ISSUED NOTICE OR ORDER     6,096        

THAT NO LONGER IS APPROPRIATE AND SEND WRITTEN NOTICE OF THE       6,097        

CANCELLATION BY REGULAR MAIL TO THE PERSON REQUIRED TO COMPLY      6,098        

WITH THE PREVIOUSLY ISSUED NOTICE OR ORDER.  The notices shall be  6,099        

sent within fifteen days after the obligor under the               6,100        

administrative support order is located or within fifteen days     6,101        

after the default under the administrative support order,          6,102        

whichever is applicable.  The notices shall specify the            6,103        

withholding or deduction requirement and shall contain all of the  6,104        

information set forth in division (B)(1)(b), OR (2)(b), (3)(b),    6,106        

(4)(b), or (5)(b) of this section that is applicable.  The agency               

shall provide the notices to the obligor in accordance with        6,107        

division (B)(1)(c), OR (2)(c), (3)(c), (4)(c), or (5)(c) of this   6,109        

section, whichever is applicable, and shall include with that                   

notice the additional notices described in the particular          6,110        

division that is ARE applicable.  The notices are final and are    6,111        

enforceable by the court.                                          6,112        

      If the child support enforcement agency previously has       6,114        

issued one or more notices containing one or more of the           6,115        

requirements described in division (B) of this section and the     6,116        

agency determines that any of the requirements no longer are       6,117        

appropriate due to the change in the employment status or other    6,118        

circumstances of the obligor, the agency immediately shall cancel  6,119        

any previously issued notice that no longer is appropriate, shall  6,120        

send written notice of the cancellation by regular mail to the     6,121        

person who was required to comply with the withholding or          6,122        

                                                          143    

                                                                 
deduction requirement contained in the canceled notice, and shall  6,123        

issue one or more new notices containing one or more requirements  6,124        

described in division (B) of this section that it determines are   6,125        

appropriate.  The notices shall be sent within fifteen days after  6,126        

the obligor under the administrative support order is located or   6,127        

within fifteen days after the default under the administrative     6,128        

support order, whichever is applicable.                            6,129        

      (b)  If support has been ordered prior to December 31,       6,131        

1993, under an administrative support order issued under section   6,132        

3111.20, 3111.21, or 3111.22 of the Revised Code, if the           6,133        

administrative support order has not been modified on or after     6,135        

December 31, 1993, if the administrative support order includes a  6,136        

provision that is substantively comparable to the general          6,137        

provision described in division (A)(1) of this section that must   6,138        

be included in all administrative support orders issued or         6,139        

modified on or after December 31, 1993, and if the child support   6,140        

enforcement agency is notified or otherwise determines that the    6,141        

employment status or other circumstances of the obligor under the  6,142        

support order have changed so that it is appropriate to impose a   6,143        

withholding or deduction requirement as described in division (B)  6,144        

of this section to collect the support due under the order, the    6,145        

agency shall comply with division (A)(3)(a) of this section as if  6,146        

the administrative support order had been issued or modified on    6,147        

or after December 31, 1993, and as if it included the general      6,148        

provision described in division (A)(1) of that section that must   6,149        

be included in all administrative support orders issued or         6,150        

modified on or after that date.  The notices issued under this     6,151        

division are final and are enforceable by the court.               6,152        

      (c)  If support has been ordered ALL SUPPORT ORDERS ISSUED   6,154        

prior to December 31, 1993, under an administrative support order  6,155        

issued under FORMER SECTION 3111.21 OR section 3111.20, 3111.21,   6,156        

or 3111.22 of the Revised Code, if the administrative support      6,159        

order has THAT HAVE not been modified on or after December 31,     6,160        

1993, if the administrative support order does not include a       6,161        

                                                          144    

                                                                 
provision that is substantively comparable to the general          6,162        

provision described in division (A)(1) of this section that must   6,163        

be included in all administrative support orders issued or         6,164        

modified on or after December 31, 1993, and if the child support   6,165        

enforcement agency is notified or otherwise determines that the    6,166        

employment status or other circumstances of the obligor under the  6,167        

support order have changed so that it is appropriate to impose a   6,168        

withholding or deduction requirement as described in division (B)  6,169        

of this section to collect the support due under the order, the    6,170        

agency may reissue the administrative support order in question    6,171        

to be identical to the administrative support order except for a   6,172        

general provision, as described in division (A)(1) of this         6,173        

section, requiring the withholding or deduction of wages or        6,174        

assets of the obligor in accordance with division (B) of this      6,175        

section to ensure that withholding or deduction from the wages or  6,176        

assets is available for the collection of current support and any  6,177        

arrearages that occur.  Except for the inclusion of the general    6,178        

provision, the provisions of a reissued administrative support     6,179        

order under this division shall be identical to those of the       6,180        

administrative support order in question, and the child support    6,181        

enforcement agency shall issue one or more notices requiring       6,182        

withholding or deduction of wages or assets of the obligor in      6,183        

accordance with divisions (A)(2) and (B) of this section.          6,184        

Thereafter, division (A)(3)(a) of this section applies to the      6,185        

issuance of notices under those divisions with respect to that     6,186        

administrative support order.  The notices issued under this       6,188        

division are final and are enforceable by the court.  The general  6,189        

provision for the withholding or deduction of wages or assets to   6,190        

be included in the reissued administrative support order           6,191        

specifically shall include the statement set forth in division     6,192        

(A)(1) of this section OR FOUND IN DEFAULT ON OR AFTER THAT DATE   6,193        

SHALL BE CONSIDERED TO CONTAIN THE GENERAL PROVISION DESCRIBED IN  6,195        

DIVISION (A)(1) OF THIS SECTION AND SHALL BE ENFORCED AND          6,196        

MODIFIED IN THE SAME MANNER AS AN ORDER FOR SUPPORT ISSUED ON OR   6,197        

                                                          145    

                                                                 
AFTER DECEMBER 31, 1993.                                                        

      (4)  If, pursuant to division (A)(2) or (A)(3)(a), (b), or   6,199        

(c) of this section, a person is sent a WITHHOLDING OR DEDUCTION   6,200        

notice described in division (B) of this section requiring a       6,201        

withholding or deduction requirement OR AN ORDER ISSUED UNDER      6,202        

SECTION 3111.231 OF THE REVISED CODE and the person fails to       6,203        

comply with the notice OR ORDER, the child support enforcement     6,204        

agency, in accordance with section 3111.28 of the Revised Code,    6,205        

shall request the court to find the person in contempt pursuant    6,206        

to section 2705.02 of the Revised Code.                                         

      (5)  The department of human services shall adopt standard   6,208        

forms for the support withholding and deduction notices            6,209        

prescribed by divisions (A)(1) to (3) and (B) of this section.     6,210        

All child support enforcement agencies shall use the forms in      6,211        

complying with this section.                                       6,212        

      (B)  If a child support enforcement agency is required by    6,214        

division (A) of this section to issue one or more withholding or   6,215        

deduction notices described in this division, the agency shall     6,216        

issue one or more of the following types of notices to pay the     6,217        

support required under the administrative support order in         6,218        

question and to pay any arrearages:                                6,219        

      (1)(a)  If the child support enforcement agency determines   6,221        

that the obligor is employed RECEIVING INCOME FROM A PAYOR, the    6,222        

agency shall require the obligor's employer PAYOR to withhold      6,223        

from the obligor's personal earnings INCOME a specified amount     6,224        

for support in satisfaction of the administrative support order,   6,225        

to begin the withholding no later than the first pay period that   6,226        

occurs after fourteen working days following the date the notice   6,229        

was mailed to the employer PAYOR under divisions (A)(2) or (3)     6,230        

and (B)(1)(b) of this section, to send the amount withheld to the  6,231        

DIVISION OF child support enforcement agency designated for that   6,232        

county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to section     6,233        

2301.35 5101.325 of the Revised Code, to send that amount to the   6,234        

agency DIVISION immediately but not later than ten SEVEN WORKING   6,235        

                                                          146    

                                                                 
days after the date the obligor is paid, and to continue the       6,238        

withholding at intervals specified in the notice until further     6,239        

notice from the CHILD SUPPORT ENFORCEMENT agency.  To the extent   6,240        

possible, the amount specified in the notice to be withheld shall  6,241        

satisfy the amount ordered for support in the administrative       6,242        

support order plus any arrearages that may be owed by the obligor  6,243        

under any prior court or administrative support order that         6,244        

pertained to the same child or spouse, notwithstanding the         6,245        

limitations of sections 2329.66, 2329.70, 2716.02, and 2716.05 of  6,246        

the Revised Code.  However, in no case shall the sum of the        6,247        

amount specified in the notice to be withheld and any fee          6,248        

withheld by the employer PAYOR as a charge for its services        6,249        

exceed the maximum amount permitted under section 303(b) of the    6,250        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b).               6,251        

      (b)  If the agency imposes a withholding requirement under   6,253        

division (B)(1)(a) of this section, the agency, within the         6,254        

applicable period of time specified in division (A) of this        6,255        

section, shall send to the obligor's employer PAYOR by regular     6,256        

mail a notice that contains all of the information set forth in    6,258        

divisions (B)(1)(b)(i) to (xi) of this section.  The notice is     6,259        

final and is enforceable by the court.  The notice shall contain   6,260        

all of the following:                                              6,261        

      (i)  The amount to be withheld from the obligor's wages      6,263        

INCOME and a statement that the amount actually withheld for       6,264        

support and other purposes, including the fee described in         6,265        

division (B)(1)(b)(xi) of this section, shall not be in excess of  6,266        

the maximum amounts permitted under section 303(b) of the          6,267        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b);               6,268        

      (ii)  A statement that the employer PAYOR is required to     6,270        

send the amount withheld to the DIVISION OF child support          6,272        

enforcement agency immediately, but not later than ten SEVEN       6,273        

working days, after the obligor is paid by the employer and is     6,274        

required to report to the agency the date on which the amount was  6,276        

withheld from the obligor's wages INCOME;                          6,277        

                                                          147    

                                                                 
      (iii)  A statement that the withholding is binding upon the  6,279        

employer PAYOR until further notice from the agency;               6,280        

      (iv)  A statement that IF the PAYOR IS AN employer, THE      6,283        

PAYOR is subject to a fine to be determined under the law of this  6,284        

state for discharging the obligor from employment, refusing to     6,285        

employ the obligor, or taking any disciplinary action against the  6,286        

obligor because of the withholding requirement;                    6,287        

      (v)  A statement that, if the employer PAYOR fails to        6,289        

withhold wages INCOME in accordance with the provisions of the     6,290        

notice, the employer PAYOR is liable for the accumulated amount    6,292        

the employer PAYOR should have withheld from the obligor's wages   6,294        

INCOME;                                                                         

      (vi)  A statement that the withholding in accordance with    6,296        

the notice and under the provisions of this section has priority   6,297        

over any other legal process under the law of this state against   6,298        

the same wages INCOME;                                             6,299        

      (vii)  The date on which the notice was mailed and a         6,301        

statement that the employer PAYOR is required to implement the     6,302        

withholding no later than the first pay period that occurs after   6,303        

fourteen working days following the date the notice was mailed     6,304        

and is required to continue the withholding at the intervals       6,305        

specified in the notice;                                           6,306        

      (viii)  A requirement that the employer PAYOR promptly       6,308        

notify the child support enforcement agency, in writing, within    6,310        

ten working days after the date of any termination of the          6,311        

obligor's employment, any layoff of the obligor, any leave of      6,312        

absence of the obligor without pay, or any other situation THAT    6,313        

OCCURS, INCLUDING, TERMINATION OF EMPLOYMENT, LAYOFF OF THE        6,314        

OBLIGOR, ANY LEAVE OF ABSENCE OF THE OBLIGOR WITHOUT PAY,          6,315        

TERMINATION OF WORKERS' COMPENSATION BENEFITS, OR TERMINATION OF   6,316        

ANY PENSION, ANNUITY, ALLOWANCE, OR RETIREMENT BENEFIT in which    6,317        

the employer PAYOR ceases to pay personal earnings INCOME in an    6,318        

amount sufficient to comply with the administrative order to the   6,319        

obligor and provide the agency with the obligor's last known       6,320        

                                                          148    

                                                                 
address;                                                                        

      (ix)  A requirement that, IF the PAYOR IS AN employer, THE   6,323        

PAYOR identify in the notification given under division            6,324        

(B)(1)(b)(viii) of this section any types of benefits other than   6,325        

personal earnings that the obligor is receiving or is eligible to  6,326        

receive as a benefit of employment or as a result of the           6,327        

obligor's termination of employment, including, but not limited    6,328        

to, unemployment compensation, workers' compensation benefits,     6,329        

severance pay, sick leave, lump sum payments of retirement         6,330        

benefits or contributions, and bonuses or profit-sharing payments  6,331        

or distributions, and the amount of such benefits, and include in  6,332        

the notification the obligor's last known address and telephone    6,333        

number, date of birth, social security number, and case number     6,334        

and, if known, the name and business address of any new employer   6,335        

of the obligor;                                                                 

      (x)  A requirement that, no later than the earlier of        6,337        

forty-five days before the lump-sum payment is to be made or, if   6,338        

the obligor's right to the lump-sum payment is determined less     6,339        

than forty-five days before it is to be made, the date on which    6,340        

that determination is made, the employer PAYOR notify the child    6,341        

support enforcement agency of any lump-sum payments of any kind    6,342        

of five hundred dollars or more that are to be paid to the         6,343        

obligor, hold the lump-sum payments of five hundred dollars or     6,344        

more for thirty days after the date on which the lump-sum          6,345        

payments otherwise would have been paid to the obligor, if the     6,346        

lump-sum payments are workers' compensation benefits, severance    6,347        

pay, sick leave, lump-sum payments of retirement benefits or       6,348        

contributions, annual bonuses, or profit-sharing payments or       6,349        

distributions, and, upon order of the agency, pay any specified    6,350        

amount of the lump-sum payment to the DIVISION OF child support    6,351        

enforcement agency;                                                6,352        

      (xi)  A statement that, in addition to the amount withheld   6,354        

for support, the employer PAYOR may withhold a fee from the        6,355        

obligor's earnings INCOME as a charge for its services in          6,356        

                                                          149    

                                                                 
complying with the notice a specification of the amount that may   6,358        

be withheld.                                                                    

      (c)  The agency shall send the notice described in division  6,360        

(B)(1)(b) of this section to the obligor, and shall attach to the  6,361        

notice an additional notice requiring the obligor immediately to   6,362        

notify the child support enforcement agency, in writing, of any    6,363        

change in employment, including self-employment, and of the        6,364        

availability of any other sources of income that can be the        6,365        

subject of any withholding or deduction requirement described in   6,366        

division (B) of this section.  The agency shall serve the notices  6,367        

upon the obligor at the same time as service of the                6,368        

administrative support order or, if the administrative support     6,369        

order previously has been issued, shall send the notices to the    6,370        

obligor by regular mail at the obligor's last known address at     6,372        

the same time that it sends the notice described in division       6,373        

(B)(1)(b) of this section to the employer PAYOR.  The              6,374        

notification required of the obligor shall include a description   6,375        

of the nature of any new employment OR INCOME SOURCE, the name     6,376        

and, business address, AND TELEPHONE NUMBER of any new employer    6,377        

OR INCOME SOURCE, and any other information reasonably required    6,379        

by the agency.  No obligor shall fail to give the notification as  6,380        

required by division (B)(1)(c) of this section.                    6,381        

      (2)(a)  If the child support enforcement agency determines   6,383        

that the obligor is receiving workers' compensation payments, the  6,384        

agency may require the bureau of workers' compensation or the      6,385        

employer that has been granted the privilege of paying             6,386        

compensation directly and that is paying workers' compensation     6,387        

benefits to the obligor to withhold from the obligor's workers'    6,388        

compensation payments a specified amount for support in            6,389        

satisfaction of the administrative support order, to begin the     6,390        

withholding no later than the date of the first payment that       6,391        

occurs after fourteen working days following the date the notice   6,392        

was mailed to the bureau or employer under divisions (A)(2) or     6,393        

(3) and (B)(2)(b) of this section, to send the amount withheld to  6,394        

                                                          150    

                                                                 
the child support enforcement agency designated for that county    6,395        

pursuant to section 2301.35 of the Revised Code, to send that      6,396        

amount to the agency immediately but not later than ten days       6,397        

after the date the payment is made to the obligor, to provide the  6,398        

date on which the amount was withheld, and to continue the         6,399        

withholding at intervals specified in the notice until further     6,400        

notice from the agency.  To the extent possible, the amount        6,401        

specified in the notice to be withheld shall satisfy the amount    6,402        

ordered for support in the administrative support order plus any   6,403        

arrearages that may be owed by the obligor under any prior court   6,404        

or administrative support order that pertained to the same child   6,405        

or spouse, notwithstanding the limitations of section 4123.67 of   6,406        

the Revised Code.  However, in no case shall the sum of the        6,407        

amount specified in the notice to be withheld and any fee          6,408        

withheld by an employer as a charge for its services exceed the    6,409        

maximum amount permitted under section 303(b) of the "Consumer     6,410        

Credit Protection Act," 15 U.S.C. 1673(b).                         6,411        

      (b)  If the agency imposes a withholding requirement under   6,413        

division (B)(2)(a) of this section, it, within the applicable      6,414        

period of time specified in division (A) of this section, shall    6,415        

send to the bureau of workers' compensation or the employer that   6,416        

is paying the obligor's workers' compensation benefits by regular  6,417        

mail a notice that contains all of the information set forth in    6,418        

divisions (B)(2)(b)(i) to (x) of this section.  The notice is      6,419        

final and is enforceable by the court.  The notice shall contain   6,420        

all of the following:                                              6,421        

      (i)  The amount to be withheld from the obligor's worker's   6,423        

compensation payments and a statement that the amount actually     6,424        

withheld for support and other purposes, including the fee         6,425        

described in division (B)(2)(b)(x) of this section, if             6,426        

applicable, shall not be in excess of the maximum amounts          6,427        

permitted under section 303(b) of the "Consumer Credit Protection  6,428        

Act," 15 U.S.C. 1673(b);                                           6,429        

      (ii)  A statement that the bureau or employer is required    6,431        

                                                          151    

                                                                 
to send the amount withheld to the child support enforcement       6,432        

agency immediately, but not later than ten working days, after     6,433        

the payment is made to the obligor and is required to report to    6,434        

the agency the date on which the amount was withheld from the      6,435        

obligor's payments;                                                6,436        

      (iii)  A statement that the withholding is binding upon the  6,438        

bureau or employer until further notice from the court or agency;  6,439        

      (iv)  If the notice is sent to an employer who is paying     6,441        

the obligor's worker's compensation benefits, a statement that,    6,442        

if the employer fails to withhold from the obligor's worker's      6,443        

compensation payments in accordance with the provisions of the     6,444        

notice, the employer is liable for the accumulated amount the      6,445        

employer should have withheld from the obligor's payments;         6,446        

      (v)  A statement that the withholding in accordance with     6,448        

the notice and under the provisions of this section has priority   6,449        

over any other legal process under the law of this state against   6,450        

the same payment of benefits;                                      6,451        

      (vi)  The date on which the notice was mailed and a          6,453        

statement that the bureau or employer is required to implement     6,454        

the withholding no later than the date of the first payment that   6,455        

occurs after fourteen working days following the date the notice   6,456        

was mailed and is required to continue the withholding at the      6,457        

intervals specified in the notice;                                 6,458        

      (vii)  A requirement that the bureau or employer promptly    6,460        

notify the child support enforcement agency, in writing, within    6,461        

ten working days after the date of any termination of the          6,462        

obligor's workers' compensation benefits;                          6,463        

      (viii)  A requirement that the bureau or employer include    6,465        

in all notices the obligor's last known mailing address, last      6,466        

known residence address, and social security number;               6,467        

      (ix)  A requirement that, no later than the earlier of       6,469        

forty-five days before the lump sum payment is to be made or, if   6,470        

the obligor's right to the lump sum payment is determined less     6,471        

than forty-five days before it is to be made, the date on which    6,472        

                                                          152    

                                                                 
that determination is made, the bureau or employer notify the      6,473        

child support enforcement agency of any lump-sum payment of any    6,474        

kind of five hundred dollars or more that is to be paid to the     6,475        

obligor, hold the lump-sum payment for thirty days after the date  6,476        

on which the lump-sum payment otherwise would be paid to the       6,477        

obligor, and, upon order of the agency, pay any specified amount   6,478        

of the lump-sum payment to the agency.                             6,479        

      (x)  If the notice is sent to an employer who is paying the  6,481        

obligor's workers' compensation benefits a statement that, in      6,482        

addition to the amount withheld for support, the employer may      6,483        

withhold a fee from the obligor's benefits as a charge for its     6,484        

services in complying with the notice and a specification of the   6,485        

amount that may be withheld.                                       6,486        

      (c)  The agency shall send the notice described in division  6,488        

(B)(2)(b) of this section to the obligor and shall attach to the   6,489        

notice an additional notice requiring the obligor to immediately   6,490        

notify the child support enforcement agency, in writing, of any    6,491        

change in the obligor's workers' compensation payments, of the     6,493        

commencement of employment, including self-employment, and of the  6,494        

availability of any other sources of income that can be the        6,495        

subject of any withholding or deduction requirement described in   6,496        

division (B) of this section.  The agency shall serve the notices  6,497        

upon the obligor at the same time as service of the                6,498        

administrative support order or, if the administrative support     6,499        

order previously has been issued, shall send the notices to the    6,500        

obligor by regular mail at the obligor's last known address at     6,501        

the same time that it sends the notice described in division       6,503        

(B)(2)(b) of this section to the bureau or employer.  The          6,504        

additional notice also shall specify that upon commencement of     6,505        

employment the obligor may request the child support enforcement   6,506        

agency to cancel its administrative workers' compensation payment  6,507        

withholding notice and instead issue a notice requiring the        6,508        

withholding of an amount from the obligor's personal earnings for  6,509        

support in accordance with division (B)(1) of this section and     6,510        

                                                          153    

                                                                 
that upon commencement of employment the agency may cancel its     6,511        

workers' compensation payment withholding notice and instead will  6,512        

issue a notice requiring the withholding of an amount from the     6,513        

obligor's personal earnings for support in accordance with         6,514        

division (B)(1) of this section.  The notification required of     6,515        

the obligor shall include a description of the nature of any new   6,516        

employment, the name and business address of any new employer,     6,517        

and any other information reasonably required by the agency.       6,518        

      (3)(a)  If the child support enforcement agency determines   6,520        

that the obligor is receiving any pension, annuity, allowance, or  6,521        

other benefit or is to receive or has received a warrant           6,522        

refunding the obligor's individual account from the public         6,523        

employees retirement system, a municipal retirement system         6,524        

established subject to sections 145.01 to 145.58 of the Revised    6,525        

Code, the police and firemen's disability and pension fund, the    6,527        

state teachers retirement system, the school employees retirement  6,528        

system, or the state highway patrol retirement system, the agency  6,529        

may require the public employees retirement board, the board,      6,530        

board of trustees, or other governing entity of any municipal      6,531        

retirement system, the board of trustees of the police and         6,532        

firemen's disability and pension fund, the state teachers          6,534        

retirement board, the school employees retirement board, or the    6,535        

state highway patrol retirement board to withhold from the         6,536        

obligor's pension, annuity, allowance, other benefit, or warrant   6,537        

a specified amount for support in satisfaction of the support      6,538        

order, to begin the withholding no later than the date of the      6,539        

first payment that occurs after fourteen working days following    6,540        

the date the notice was mailed to the board, board of trustees,    6,541        

or other entity under divisions (A)(2) or (3) and (B)(3)(b) of     6,542        

this section, to send the amount withheld to the child support     6,543        

enforcement agency designated for that county pursuant to section  6,544        

2301.35 of the Revised Code, to send that amount to the agency     6,545        

immediately but not later than ten days after the date the         6,546        

payment is made to the obligor, to provide the date on which the   6,547        

                                                          154    

                                                                 
amount was withheld, and to continue the withholding at intervals  6,548        

specified in the notice until further withholding notice of the    6,549        

agency.  To the extent possible, the amount specified in the       6,550        

notice to be withheld shall satisfy the amount ordered for         6,551        

support in the support order plus any arrearages that may be owed  6,552        

by the obligor under any prior court or administrative support     6,553        

order that pertained to the same child or spouse, notwithstanding  6,554        

the limitations of sections 2329.66, 2329.70, and 2716.13 of the   6,555        

Revised Code.  However, in no case shall the sum of the amount     6,556        

specified in the notice to be withheld and any fee withheld by     6,557        

the board, board of trustees, or other entity as a charge for its  6,558        

services exceed the maximum amount permitted under section 303(b)  6,559        

of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).        6,560        

      (b)  If the agency imposes a withholding requirement under   6,562        

division (B)(3)(a) of this section, it, within the applicable      6,563        

period of time specified in division (A) of this section, shall    6,564        

send to the board, board of trustees, or other entity by regular   6,565        

mail a notice that contains all of the information set forth in    6,566        

divisions (B)(3)(b)(i) to (ix) of this section.  The notice is     6,567        

final and is enforceable by the court.  The notice shall contain   6,568        

all of the following:                                              6,569        

      (i)  The amount to be withheld from the obligor's pension,   6,571        

annuity, allowance, other benefit, or warrant and a statement      6,572        

that the amount actually withheld for support and other purposes,  6,573        

including the fee described in division (B)(3)(b)(ix) of this      6,574        

section, shall not be in excess of the maximum amounts permitted   6,575        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,576        

U.S.C. 1673(b);                                                    6,577        

      (ii)  A statement that the board, board of trustees, or      6,579        

other entity is required to send the amount withheld to the child  6,580        

support enforcement agency immediately, but not later than ten     6,581        

working days, after the payment is made to the obligor and is      6,582        

required to report to the agency the date on which the amount was  6,583        

withheld from the obligor's payments;                              6,584        

                                                          155    

                                                                 
      (iii)  A statement that the withholding is binding upon the  6,586        

board, board of trustees, or other entity until further notice     6,587        

from the court or agency;                                          6,588        

      (iv)  A statement that the withholding in accordance with    6,590        

the notice and under the provisions of this section has priority   6,591        

over any other legal process under the law of this state against   6,592        

the same payment of the pension, annuity, allowance, other         6,593        

benefit, or warrant;                                               6,594        

      (v)  The date on which the notice was mailed and a           6,596        

statement that the board, board of trustees, or other entity is    6,597        

required to implement the withholding no later than the date of    6,598        

the first payment that occurs after fourteen working days          6,599        

following the date the notice was mailed and is required to        6,600        

continue the withholding at the intervals specified in the         6,601        

notice;                                                            6,602        

      (vi)  A requirement that the board, board of trustees, or    6,604        

other entity promptly notify the child support enforcement         6,605        

agency, in writing, within ten working days after the date of any  6,606        

termination of the obligor's pension, annuity, allowance, or       6,607        

other benefit;                                                     6,608        

      (vii)  A requirement that the board, board of trustees, or   6,610        

other entity include in all notices the obligor's last known       6,611        

mailing address, last known residence address, and social          6,612        

security number;                                                   6,613        

      (viii)  A requirement that, no later than the earlier of     6,615        

forty-five days before the lump-sum payment is to be made or, if   6,616        

the obligor's right to the lump-sum payment is determined less     6,617        

than forty-five days before it is to be made, the date on which    6,618        

that determination is made, the board, board of trustees, or       6,619        

other entity notify the child support enforcement agency of any    6,620        

lump-sum payment of any kind of five hundred dollars or more that  6,621        

is to be paid to the obligor, hold the lump-sum payment for        6,622        

thirty days after the date on which the lump-sum payment would     6,623        

otherwise be paid to the obligor, if the lump-sum payments are     6,624        

                                                          156    

                                                                 
lump-sum payments of retirement benefits or contributions, and,    6,625        

upon order of the agency, pay any specified amount of the          6,626        

lump-sum payment to the agency.                                    6,627        

      (ix)  A statement that, in addition to the amount withheld   6,629        

for support, the board, board of trustees, or other entity may     6,630        

withhold a fee from the obligor's pension, annuity, allowance,     6,631        

other benefit, or warrant as a charge for its services in          6,632        

complying with the notice and a specification of the amount that   6,633        

may be withheld.                                                   6,634        

      (c)  The agency shall send the notice described in division  6,636        

(B)(3)(b) of this section to the obligor and shall attach to the   6,637        

notice an additional notice requiring the obligor immediately to   6,638        

notify the child support enforcement agency, in writing, of any    6,639        

change in the obligor's pension, annuity, allowance, or other      6,640        

benefit, of the commencement of employment, including              6,642        

self-employment, and of the availability of any other sources of   6,643        

income that can be the subject of any withholding or deduction     6,644        

requirement described in division (B) of this section.  The        6,645        

agency shall serve the notices upon the obligor at the same time   6,646        

as service of the administrative support order or, if the          6,647        

administrative support order previously has been issued, shall     6,648        

send the notices to the obligor by regular mail, at the obligor's  6,649        

last known address, at the same time it sends the notice           6,651        

described in division (B)(3)(b) of this section to the board,      6,652        

board of trustees, or other entity.  The additional notice also    6,653        

shall notify the obligor that upon commencement of employment the  6,654        

obligor may request the agency to issue a notice requiring the     6,656        

withholding of an amount from the obligor's personal earnings for  6,657        

support in accordance with division (B)(1) of this section and     6,658        

that upon commencement of employment the agency may cancel its     6,659        

withholding notice under division (B)(3)(b) of this section and    6,660        

instead will issue a notice requiring the withholding of an        6,661        

amount from the obligor's personal earnings for support in         6,662        

accordance with division (B)(1) of this section.  The                           

                                                          157    

                                                                 
notification required of the obligor shall include a description   6,663        

of the nature of any new employment, the name and business         6,664        

address of any new employer, and any other information reasonably  6,665        

required by the agency.                                            6,666        

      (4)(a)  If the child support enforcement agency determines   6,668        

that the obligor is receiving any form of income, including, but   6,669        

not limited to, disability or sick pay, insurance proceeds,        6,670        

lottery prize awards, federal, state, or local government          6,671        

benefits to the extent that the benefits can be withheld or        6,672        

deducted under any law governing the benefits, any form of trust   6,673        

fund or endowment fund, vacation pay, commissions and draws        6,674        

against commissions that are paid on a regular basis, bonuses or   6,675        

profit-sharing payments or distributions, or any lump-sum          6,676        

payments, the agency may require the person who pays or otherwise  6,677        

distributes the income to the obligor to withhold from the         6,678        

obligor's income a specified amount for support in satisfaction    6,679        

of the administrative support order, to begin the withholding no   6,680        

later than the date of the first payment that occurs after         6,681        

fourteen working days following the date the notice was mailed to  6,682        

the person paying or otherwise distributing the obligor's income   6,683        

under divisions (A)(2) or (3) and (B)(4)(b) of this section, to    6,684        

send the amount withheld to the child support enforcement agency   6,685        

designated for that county pursuant to section 2301.35 of the      6,686        

Revised Code, to send that amount to the agency immediately but    6,687        

not later than ten days after the date the payment is made to the  6,688        

obligor, to provide the date on which the amount was withheld,     6,689        

and to continue the withholding at intervals specified in the      6,690        

notice until further notice from the agency.  To the extent        6,691        

possible, the amount specified in the notice to be withheld shall  6,692        

satisfy the amount ordered for support in the administrative       6,693        

support order plus any arrearages that may be owed by the obligor  6,694        

under any prior court or administrative support order that         6,695        

pertained to the same child or spouse, notwithstanding the         6,696        

limitations of sections 2329.66, 2329.70, and 2716.13 of the       6,697        

                                                          158    

                                                                 
Revised Code.  However, in no case shall the sum of the amount     6,698        

specified in the notice to be withheld and any fee withheld by     6,699        

the person paying or otherwise distributing the obligor's income   6,700        

as a charge for its services exceed the maximum amount permitted   6,701        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,702        

U.S.C. 1673(b).                                                    6,703        

      (b)  If the agency imposes a withholding requirement under   6,705        

division (B)(4)(a) of this section, it, within the applicable      6,706        

period of time specified in division (A) of this section, shall    6,707        

send to the person paying or otherwise distributing the obligor's  6,708        

income by regular mail a notice that contains all of the           6,709        

information set forth in divisions (B)(4)(b)(i) to (ix) of this    6,710        

section.  The notice is final and is enforceable by the court.     6,711        

The notice shall contain all of the following:                     6,712        

      (i)  The amount to be withheld from the obligor's income     6,714        

and a statement that the amount actually withheld for support and  6,715        

other purposes, including the fee described in division            6,716        

(B)(4)(b)(ix) of this section, shall not be in excess of the       6,717        

maximum amounts permitted under section 303(b) of the "Consumer    6,718        

Credit Protection Act," 15 U.S.C. 1673(b);                         6,719        

      (ii)  A statement that the person paying or otherwise        6,721        

distributing the obligor's income is required to send the amount   6,722        

withheld to the child support enforcement agency immediately, but  6,723        

not later than ten working days, after the payment is made to the  6,724        

obligor and is required to report to the agency the date on which  6,725        

the amount was withheld from the obligor's payments;               6,726        

      (iii)  A statement that the withholding is binding upon the  6,728        

person paying or otherwise distributing the obligor's income       6,729        

until further notice from the court or agency;                     6,730        

      (iv)  A statement that the withholding in accordance with    6,732        

the notice and under the provisions of this section has priority   6,733        

over any other legal process under the law of this state against   6,734        

the same payment of the income;                                    6,735        

      (v)  The date on which the notice was mailed and a           6,737        

                                                          159    

                                                                 
statement that the person paying or otherwise distributing the     6,738        

obligor's income is required to implement the withholding no       6,739        

later than the date of the first payment that occurs after         6,740        

fourteen working days following the date the notice was mailed     6,741        

and is required to continue the withholding at the intervals       6,742        

specified in the notice;                                           6,743        

      (vi)  A requirement that the person paying or otherwise      6,745        

distributing the obligor's income promptly notify the child        6,746        

support enforcement agency, in writing, within ten days after the  6,747        

date of any termination of the obligor's income;                   6,748        

      (vii)  A requirement that the person paying or otherwise     6,750        

distributing the obligor's income include in all notices the       6,751        

obligor's last known mailing address, last known residence         6,752        

address, and social security number;                               6,753        

      (viii)  A requirement that, no later than the earlier of     6,755        

forty-five days before the lump-sum payment is to be made or, if   6,756        

the obligor's right to the lump-sum payment is determined less     6,757        

than forty-five days before it is to be made, the date on which    6,758        

that determination is made, the person paying or otherwise         6,759        

distributing the obligor's income notify the child support         6,760        

enforcement agency of any lump-sum payment of any kind of five     6,761        

hundred dollars or more that is to be paid to the obligor, hold    6,762        

the lump-sum payment for thirty days after the date on which the   6,763        

lump-sum payment would otherwise be paid to the obligor, if the    6,764        

lump-sum payment is sick pay, lump-sum payment of retirement       6,765        

benefits or contributions, or profit-sharing payments or           6,766        

distributions, and, upon order of the agency, pay any specified    6,767        

amount of the lump-sum payment to the child support enforcement    6,768        

agency.                                                            6,769        

      (ix)  A statement that, in addition, to the amount withheld  6,771        

for support, the person paying or otherwise distributing the       6,772        

obligor's income may withhold a fee from the obligor's income as   6,773        

a charge for its services in complying with the notice and a       6,774        

specification of the amount that may be withheld.                  6,775        

                                                          160    

                                                                 
      (c)  The agency shall send the notice described in division  6,777        

(B)(4)(b) of this section to the obligor and shall attach to the   6,778        

notice an additional notice requiring the obligor immediately to   6,779        

notify the child support enforcement agency, in writing, of any    6,780        

change in income to which the withholding notice applies, of the   6,782        

commencement of employment, including self-employment, and of the  6,783        

availability of any other sources of income that can be the                     

subject of any withholding or deduction requirement described in   6,784        

division (B) of this section.  The agency shall serve the notices  6,785        

upon the obligor at the same time as service of the                6,786        

administrative support order or, if the administrative support     6,787        

order previously has been issued, shall send the notices to the    6,788        

obligor by regular mail at the obligor's last known address at     6,789        

the same time that it sends the notice described in division       6,790        

(B)(4)(b) of this section to the person paying or otherwise        6,791        

distributing the obligor's income.  The additional notice also     6,792        

shall notify the obligor that upon commencement of employment the  6,793        

obligor may request the agency to issue a notice requiring the     6,794        

withholding of an amount from the obligor's personal earnings for  6,795        

support in accordance with division (B)(1) of this section and     6,796        

that upon commencement of employment the agency may cancel its     6,797        

withholding notice under division (B)(4)(b) of this section and    6,798        

instead will issue a notice requiring the withholding of an        6,799        

amount from the obligor's personal earnings for support in         6,800        

accordance with division (B)(1) of this section.  The              6,801        

notification required of the obligor shall include a description   6,802        

of the nature of any new employment, the name and business         6,803        

address of any new employer, and any other information reasonably  6,804        

required by the court.                                                          

      (5)(a)  If the child support enforcement agency determines   6,806        

that the obligor has funds on deposit in any account in a          6,807        

financial institution under the jurisdiction of the court, the     6,808        

agency may require any financial institution in which the          6,809        

obligor's funds are on deposit to deduct from the obligor's        6,810        

                                                          161    

                                                                 
account a specified amount for support in satisfaction of the      6,811        

administrative support order, to begin the deduction no later      6,812        

than fourteen working days following the date the notice was       6,813        

mailed to the financial institution under divisions (A)(2) or (3)  6,814        

and (B)(5)(2)(b) of this section, to send the amount deducted to   6,816        

the DIVISION OF child support enforcement agency designated for                 

that county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to        6,817        

section 2301.35 5101.325 of the Revised Code, to send that amount  6,818        

to the agency DIVISION immediately but not later than ten SEVEN    6,820        

WORKING days after the date the latest deduction was made, to                   

provide the date on which the amount was deducted, and to          6,823        

continue the deduction at intervals specified in the notice until  6,824        

further notice from the agency.  To the extent possible, the       6,825        

amount specified in the notice to be deducted shall satisfy the    6,826        

amount ordered for support in the administrative support order     6,827        

plus any arrearages that may be owed by the obligor under any      6,828        

prior court or administrative support order that pertained to the  6,829        

same child or spouse, notwithstanding the limitations of sections  6,830        

2329.66, 2329.70, and 2716.13 of the Revised Code.  However, in    6,831        

no case shall the sum of the amount specified in the notice to be  6,832        

deducted and the fee deducted by the financial institution as a    6,833        

charge for its services exceed the maximum amount permitted under  6,834        

section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.  6,835        

1673(b).                                                           6,836        

      (b)  If the agency imposes a deduction requirement under     6,838        

division (B)(5)(2)(a) of this section, it, within the applicable   6,840        

period of time specified in division (A) of this section, shall    6,841        

send to the financial institution by regular mail a notice that    6,842        

contains all of the information set forth in divisions             6,844        

(B)(5)(2)(b)(i) to (viii) of this section.  The notice is final    6,845        

and is enforceable by the court.  The notice shall contain all of  6,846        

the following:                                                     6,847        

      (i)  The amount to be deducted from the obligor's account    6,849        

and a statement that the amount actually deducted for support and  6,850        

                                                          162    

                                                                 
other purposes, including the fee described in division            6,852        

(B)(2)(b)(viii) of this section, shall not be in excess of the     6,853        

maximum amounts permitted under section 303(b) of the "Consumer    6,854        

Credit Protection Act," 15 U.S.C. 1673(b);                         6,855        

      (ii)  A statement that the financial institution is          6,857        

required to send the amount deducted to the DIVISION OF child      6,858        

support enforcement agency immediately, but not later than ten     6,859        

SEVEN working days, after the date the last deduction was made     6,860        

and is required to report to the agency the date on which the      6,862        

amount was deducted from the obligor's account;                    6,863        

      (iii)  A statement that the deduction is binding upon the    6,865        

financial institution until further notice from the court or       6,866        

agency;                                                            6,867        

      (iv)  A statement that the withholding in accordance with    6,869        

the notice and under the provisions of this section has priority   6,870        

over any other legal process under the law of this state against   6,871        

the same account;                                                  6,872        

      (v)  The date on which the notice was mailed and a           6,874        

statement that the financial institution is required to implement  6,875        

the deduction no later than fourteen working days following the    6,876        

date the notice was mailed and is required to continue the         6,877        

deduction at the intervals specified in the notice;                6,878        

      (vi)  A requirement that the financial institution promptly  6,880        

notify the child support enforcement agency, in writing, within    6,881        

ten days after the date of any termination of the account from     6,882        

which the deduction is being made and notify the agency, in        6,883        

writing, of the opening of a new account at that financial         6,884        

institution, the account number of the new account, the name of    6,885        

any other known financial institutions in which the obligor has    6,886        

any accounts, and the numbers of those accounts;                   6,887        

      (vii)  A requirement that the financial institution include  6,889        

in all notices the obligor's last known mailing address, last      6,890        

known residence address, and social security number;               6,891        

      (viii)  A statement that, in addition to the amount          6,893        

                                                          163    

                                                                 
deducted for support, the financial institution may deduct a fee   6,894        

from the obligor's account as a charge for its services in         6,895        

complying with the administrative order and a specification of     6,896        

the amount that may be deducted.                                   6,897        

      (c)  The agency shall send the notice described in division  6,899        

(B)(5)(2)(b) of this section to the obligor and shall attach to    6,901        

the notice an additional notice requiring the obligor immediately               

to notify the child support enforcement agency, in writing, of     6,902        

any change in the status of the account from which the amount of   6,903        

support is being deducted or the opening of a new account with     6,904        

any financial institution, of the commencement of employment,      6,905        

including self-employment, or of the availability of any other     6,906        

sources of income that can be the subject of any withholding or    6,907        

deduction requirement described in division (B) of this section.   6,908        

The agency shall serve the notices upon the obligor at the same    6,909        

time as service of the administrative support order or, if the     6,910        

support order previously has been issued, shall send the notices   6,911        

to the obligor by regular mail at the obligor's last known         6,912        

address at the same time that it sends the notice described in     6,914        

division (B)(5)(2)(b) of this section to the obligor.  The         6,915        

additional notice also shall notify the obligor that upon          6,917        

commencement of employment, the obligor may request the agency to  6,918        

cancel its financial institution account deduction notice and      6,919        

instead issue a notice requiring the withholding of an amount      6,920        

from the obligor's personal earnings for support in accordance     6,921        

with division (B)(1) of this section and that upon commencement    6,922        

of employment the agency may cancel its financial institution      6,923        

account deduction notice and instead will issue a notice           6,924        

requiring the withholding of an amount from the obligor's          6,925        

personal earnings for support in accordance with division (B)(1)   6,926        

of this section.  The notification required of the obligor shall   6,927        

include a description of the nature of any new accounts opened at  6,928        

a financial institution located in the county in which the agency  6,929        

is located, the name and business address of that financial        6,930        

                                                          164    

                                                                 
institution, a description of the nature of any new employment OR  6,931        

INCOME SOURCE, the name and, business address, AND TELEPHONE       6,933        

NUMBER of any new employer OR INCOME SOURCE, and any other         6,934        

information reasonably required by the agency.                     6,936        

      (C)  If an agency issues or modifies an administrative       6,938        

support order under section 3111.20, 3111.21 3111.211, or 3111.22  6,940        

of the Revised Code and issues one or more notices described in    6,941        

division (B) of this section, the agency to the extent possible    6,942        

shall issue a sufficient number of notices under division (B) of   6,943        

this section to provide that the aggregate amount withheld or      6,944        

deducted under those notices satisfies the amount ordered for      6,945        

support in the administrative support order plus any arrearages    6,946        

that may be owed by the obligor under any prior court or           6,947        

administrative support order that pertained to the same child or   6,948        

spouse, notwithstanding the limitations of sections 2329.66,       6,949        

2329.70, 2716.13, and 4123.67 of the Revised Code.  However, in    6,950        

no case shall the aggregate amount withheld or deducted PURSUANT   6,951        

TO A WITHHOLDING NOTICE ISSUED UNDER DIVISION (B)(1) OF THIS       6,952        

SECTION and any fees withheld or deducted PURSUANT TO THE NOTICE   6,954        

as a charge for services exceed the maximum amount permitted       6,956        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,957        

U.S.C. 1673(b).                                                                 

      (D)  When two or more withholding or deduction notices that  6,959        

are described in division (B)(1) of this section are received by   6,960        

an employer, the bureau of workers' compensation, an employer      6,962        

that is paying more than one person's workers' compensation        6,963        

benefits, the public employees retirement board, the board, board  6,964        

of trustees, or other governing entity of any municipal            6,965        

retirement system, the board of trustees of the police and         6,966        

firemen's disability and pension fund, the state teachers          6,967        

retirement board, the school employees retirement board, the       6,969        

state highway patrol retirement board, a person paying or          6,970        

otherwise distributing income for more than one obligor, or a      6,971        

financial institution A PAYOR, the employer, bureau of workers'    6,972        

                                                          165    

                                                                 
compensation, employer paying workers' compensation benefits,      6,974        

board, board of trustees, or other governing entity of a           6,975        

retirement system, person paying or distributing income to an      6,976        

obligor, or financial institution PAYOR shall comply with all of   6,978        

the requirements contained in the notices to the extent that the   6,979        

total amount withheld from the obligor's personal earnings,        6,980        

payments, pensions, annuities, allowances, benefits, other         6,981        

sources of income, or savings does not exceed the maximum amount   6,982        

permitted under section 303(b) of the "Consumer Credit Protection  6,983        

Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance  6,984        

with the allocation set forth in divisions (D)(1) and (2) of this  6,985        

section, notify each agency that issued one of the notices of the  6,986        

allocation, and give priority to amounts designated in each        6,987        

notice as current support in the following manner:                 6,988        

      (1)  If the total of the amounts designated in the notices   6,990        

as current support exceeds the amount available for withholding    6,991        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,992        

U.S.C. 1673(b), the employer, bureau of workers' compensation,     6,993        

employer paying workers' compensation benefits, board, board of    6,994        

trustees, or other governing entity of a municipal retirement      6,995        

system, person paying or distributing income to an obligor, or     6,997        

financial institution PAYOR shall allocate to each notice an       6,998        

amount for current support equal to the amount designated in that  7,000        

notice as current support multiplied by a fraction in which the    7,001        

numerator is the amount of personal earnings, payments, pensions,  7,002        

annuities, allowances, benefits, other sources of income, or       7,003        

savings available for withholding and the denominator is the       7,004        

total amount designated in all of the notices as current support.  7,005        

      (2)  If the total of the amounts designated in the notices   7,007        

as current support does not exceed the amount available for        7,008        

withholding under section 303(b) of the "Consumer Credit           7,009        

Protection Act," 15 U.S.C. 1673(b), the persons and entities       7,010        

listed in division (C)(1) of this section PAYOR shall pay all of   7,012        

the amounts designated as current support in the notices and       7,013        

                                                          166    

                                                                 
shall allocate to each notice an amount for past-due support       7,014        

equal to the amount designated in that notice as past-due support  7,015        

multiplied by a fraction in which the numerator is the amount of   7,016        

personal earnings, payments, pensions, annuities, allowances,      7,017        

benefits, other sources of income, or savings remaining available  7,018        

for withholding after the payment of current support and the       7,019        

denominator is the total amount designated in all of the notices   7,020        

orders as past-due support.                                        7,021        

      (E)(1)  Except when a provision specifically authorizes or   7,023        

requires service other than as described in this division,         7,024        

service of any notice on any party, the bureau of workers'         7,025        

compensation, an employer that is paying a person's workers'       7,026        

compensation benefits, the public employees retirement board, the  7,027        

board, board of trustees, or other governing entity of any         7,028        

municipal retirement system, the board of trustees of the police   7,029        

and firemen's disability and pension fund, the state teachers      7,031        

retirement board, the school employees retirement board, the       7,032        

state highway patrol retirement board, a person paying or          7,033        

otherwise distributing an obligor's income, a financial            7,034        

institution, or an employer A PAYOR, for purposes of division (A)  7,036        

or (B) of this section, may SHALL be made by personal service or   7,037        

ordinary first class mail directed to the addressee at the         7,039        

addressee's last known address, or, in the case of a corporation,  7,040        

at its usual place of doing business.  A NOTICE SHALL BE           7,041        

CONSIDERED TO HAVE BEEN SERVED WHEN IT IS MAILED.                  7,042        

      (2)  Each party to an administrative support order shall     7,044        

notify the child support enforcement agency of the party's         7,045        

current mailing address and, current residence address, CURRENT    7,047        

RESIDENCE TELEPHONE NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER,   7,048        

at the time of the issuance or modification of the order and,      7,049        

until further notice of the agency that issues the order, shall    7,050        

notify the agency of any change in either address THAT             7,051        

INFORMATION immediately after the change occurs.  No person shall  7,053        

fail to give the notice as required by division (E)(2) of this     7,054        

                                                          167    

                                                                 
section.                                                                        

      (3)  Each administrative support order issued pursuant to    7,056        

this section shall contain a statement requiring each party to     7,057        

the order to notify the child support enforcement agency in        7,058        

writing of the party's current mailing address, the party's        7,059        

current residence address, and of any changes in either address,   7,060        

and a notice that the requirement to notify the agency of all      7,061        

changes in either address continues until further notice from the  7,063        

agency.  NOTICE THAT STATES THE FOLLOWING IN BOLDFACED TYPE AND    7,065        

IN ALL CAPITAL LETTERS:                                                         

      "EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD      7,068        

SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT        7,069        

MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE      7,070        

TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY      7,071        

CHANGES IN THAT INFORMATION.  EACH PARTY MUST NOTIFY THE AGENCY    7,072        

OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE AGENCY.  IF YOU ARE   7,073        

THE OBLIGOR UNDER THE SUPPORT ORDER AND YOU FAIL TO MAKE THE       7,074        

REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST     7,075        

OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT   7,076        

OFFENSE.                                                                        

      IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED      7,078        

NOTIFICATIONS, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING         7,079        

ENFORCEMENT ACTIONS AGAINST YOU:  IMPOSITION OF LIENS AGAINST      7,080        

YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE,  7,082        

DRIVER'S LICENSE, AND RECREATIONAL LICENSE; WITHHOLDING FROM YOUR  7,083        

INCOME; DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS;    7,084        

AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO  7,085        

SATISFY YOUR SUPPORT OBLIGATION."                                  7,086        

      (4)(a)  The parent who is the residential parent and legal   7,088        

custodian of a child for whom an administrative support order is   7,089        

issued or the person who otherwise has custody of a child for      7,090        

whom an administrative support order is issued immediately shall   7,091        

notify, and the obligor under an administrative support order may  7,092        

notify, the child support enforcement agency of any reason for     7,093        

                                                          168    

                                                                 
which an administrative support order should terminate,            7,094        

including, but not limited to, THE CHILD'S ATTAINMENT OF THE AGE   7,095        

OF MAJORITY IF THE CHILD NO LONGER ATTENDS AN ACCREDITED HIGH      7,096        

SCHOOL ON A FULL-TIME BASIS AND DOES NOT HAVE A DEVELOPMENTAL      7,099        

DISABILITY AS DEFINED IN SECTION 5123.01 OF THE REVISED CODE; THE  7,101        

CHILD CEASING TO ATTEND SUCH A HIGH SCHOOL ON A FULL-TIME BASIS    7,102        

AFTER ATTAINING THE AGE OF MAJORITY, IF THE CHILD DOES NOT HAVE A  7,104        

DEVELOPMENTAL DISABILITY; OR THE death, marriage, emancipation,    7,106        

enlistment in the armed services, deportation, or change of legal  7,107        

or physical custody of the child.  Upon receipt of a notice        7,108        

pursuant to this division, the agency immediately shall conduct    7,111        

an investigation to determine if any reason exists for which the   7,112        

administrative support order should terminate.  THE AGENCY MAY     7,113        

CONDUCT SUCH AN INVESTIGATION REGARDLESS OF WHETHER A PARENT OR    7,114        

PERSON WITH CUSTODY SENDS A NOTICE THAT THE ORDER SHOULD           7,115        

TERMINATE.  If the agency so determines THE ORDER SHOULD           7,116        

TERMINATE, it immediately shall terminate the administrative       7,118        

support order.                                                     7,119        

      (b)  Upon receipt of a notice given pursuant to division     7,122        

(E)(4)(a) of this section, the agency shall DIRECT THE DIVISION    7,124        

OF CHILD SUPPORT TO impound any funds received for the child       7,125        

pursuant to the administrative support order and THE AGENCY SHALL  7,126        

set the case for an administrative hearing for a determination of  7,128        

whether the administrative support order should be terminated or   7,129        

modified or whether the agency should take any other appropriate   7,130        

action.                                                                         

      (c)  If the child support enforcement agency terminates an   7,132        

administrative support order pursuant to divisions (E)(4)(a) and   7,134        

(b) of this section, the termination of the support order also     7,135        

terminates any withholding or deduction order as described in      7,136        

division (B) of this section that was issued relative to the       7,137        

administrative support order prior to December 31, 1993, and any   7,138        

withholding or deduction notice as described in division (B) of    7,139        

this section that was issued relative to the administrative        7,140        

                                                          169    

                                                                 
support order on or after December 31, 1993.  Upon the             7,141        

termination of any withholding or deduction order or any           7,142        

withholding or deduction notice, the agency immediately shall      7,143        

notify each employer, PAYOR OR financial institution, or other     7,145        

person or entity that was required to withhold or deduct a sum of               

money for the payment of support under the terminated withholding  7,147        

or deduction order or the terminated withholding or deduction      7,148        

notice that the order or notice has been terminated and that it    7,149        

is required to cease all withholding or deduction under the order  7,150        

or notice.                                                         7,151        

      (d)  The department of human services shall adopt rules      7,153        

that provide for both of the following:                            7,154        

      (i)  The return PAYMENT to the appropriate person of any     7,156        

funds that a THE DIVISION OF child support enforcement agency has  7,158        

impounded under division (E)(4)(b) of this section, if the         7,160        

administrative support order under which CONSISTENT WITH the       7,161        

funds were paid has been terminated AGENCY'S DETERMINATION         7,162        

pursuant to divisions (E)(4)(a) and (b) of this section;           7,163        

      (ii)  The return to the appropriate person of any other      7,165        

payments made pursuant to an administrative support order, if the  7,166        

payments were made at any time after the administrative support    7,167        

order under which the funds were paid has been terminated          7,168        

pursuant to divisions (E)(4)(a) and (b) of this section.           7,169        

      (5)  If any party to an administrative support order         7,171        

requests a modification of the administrative support order or if  7,172        

any obligee under an administrative support order or any person    7,173        

on behalf of the obligee files any action to enforce an            7,174        

administrative support order with the agency, the agency shall     7,175        

proceed as provided in sections 3111.20 to 3111.28 and 3113.21 to  7,177        

3113.219 SECTION 3111.27 of the Revised Code. IF THE OBLIGOR IS    7,179        

IN DEFAULT UNDER THE ADMINISTRATIVE SUPPORT ORDER, THE AGENCY      7,180        

SHALL PROCEED AS PROVIDED IN DIVISION (B) OF SECTION 3113.21 OF    7,181        

THE REVISED CODE.  IF ANY PERSON OTHERWISE FILES AN ACTION TO                   

ENFORCE AN ADMINISTRATIVE SUPPORT ORDER, THE AGENCY SHALL PROCEED  7,182        

                                                          170    

                                                                 
AS PROVIDED IN SECTIONS 3111.20 TO 3111.28 OF THE REVISED CODE.    7,183        

      (F)(1)  Upon receipt of a notice that a lump-sum payment of  7,185        

five hundred dollars or more is to be paid to the obligor, the     7,186        

agency shall do either of the following:                           7,187        

      (a)  If the obligor is in default under the administrative   7,189        

support order or has any unpaid arrearages under the               7,190        

administrative support order, issue an administrative order        7,191        

requiring the transmittal of the lump-sum payment to the DIVISION  7,192        

OF child support enforcement agency;                               7,193        

      (b)  If the obligor is not in default under the              7,195        

administrative support order and does not have any unpaid          7,196        

arrearages under the support order, issue an administrative order  7,197        

directing the person who gave the notice to the agency to          7,198        

immediately pay the full amount of the lump-sum payment to the     7,199        

obligor.                                                           7,200        

      (2)  Upon receipt of any moneys pursuant to division         7,202        

(F)(1)(a) of this section, a THE DIVISION OF child support         7,203        

enforcement agency shall pay the amount of the lump-sum payment    7,204        

that is necessary to discharge all of the obligor's arrearages to  7,205        

the obligee and, within two business days after its receipt of     7,206        

the money, any amount that is remaining after the payment of the   7,207        

arrearages to the obligor.                                         7,208        

      (G)(1)  Any administrative support order, or modification    7,210        

of an administrative support order, that is subject to this        7,211        

section shall contain the date of birth and social security        7,212        

number of the obligor.                                             7,213        

      (2)  No withholding or deduction notice described in         7,215        

division (B) of this section shall contain any information other   7,216        

than the information specifically required by division (B) or      7,217        

(G)(3) of this section or by any other section of the Revised      7,218        

Code and any additional information that the issuing agency        7,219        

determines may be necessary to comply with the notice.             7,220        

      (3)  Each withholding or deduction notice described in       7,222        

division (B) of this section shall include notice of all of the    7,223        

                                                          171    

                                                                 
following:                                                         7,224        

      (a)  That the child support enforcement agency may bring an  7,226        

action under section 3111.28 of the Revised Code requesting the    7,227        

court to find the employer, PAYOR OR financial institution,        7,229        

employer that is paying the obligor's workers' compensation        7,230        

benefits, public employees retirement board, board, board of       7,231        

trustees, or other governing entity of any municipal retirement    7,232        

system, board of trustees of the police and firemen's disability   7,233        

and pension fund, state teachers retirement board, school          7,235        

employees retirement board, state highway patrol retirement        7,236        

board, person paying or otherwise distributing an obligor's        7,237        

income, or bureau of workers' compensation in contempt pursuant                 

to section 2705.02 of the Revised Code if the employer, PAYOR OR   7,238        

financial institution, employer that is paying the obligor's       7,239        

workers' compensation benefits, public employees retirement        7,240        

board, board, board of trustees, or other governing entity of the  7,241        

municipal retirement system, board of trustees of the police and   7,242        

firemen's disability and pension fund, state teachers retirement   7,244        

board, school employees retirement board, state highway patrol     7,245        

retirement board, person paying or otherwise distributing the      7,246        

obligor's income, or bureau of workers' compensation fails to      7,247        

comply with the withholding or deduction notice;                   7,248        

      (b)  That, if the employer, PAYOR OR financial institution,  7,250        

employer that is paying the obligor's workers' compensation        7,252        

benefits, public employees retirement board, board, board of       7,253        

trustees, or other governing entity of the municipal retirement    7,254        

system, board of trustees of the police and firemen's disability   7,256        

and pension fund, state teachers retirement board, school          7,257        

employees retirement board, state highway patrol retirement        7,258        

board, person paying or otherwise distributing an obligor's        7,259        

income, or bureau of workers' compensation fails to comply with    7,260        

the withholding or deduction notice, that failure to comply is     7,262        

contempt pursuant to section 2705.02 of the Revised Code.          7,263        

      (H)  No withholding or deduction notice described in         7,265        

                                                          172    

                                                                 
division (B) of this section and issued under this section or any  7,266        

other section of the Revised Code shall be terminated solely       7,267        

because the obligor pays any part or all of the arrearages under   7,268        

the administrative support order.                                  7,269        

      (I)(1)  Except as provided in division (I)(2) of this        7,271        

section and section 2301.42 of the Revised Code and the rules      7,272        

adopted pursuant to division (C) of that section, if child         7,275        

support arrearages are owed by an obligor to the obligee and to    7,277        

the department of human services, any payments received on the     7,278        

arrearages by the DIVISION OF child support enforcement agency     7,279        

first shall be paid to the obligee until the arrearages owed to    7,281        

the obligee are paid in full.                                                   

      (2)  Division (I)(1) of this section does not apply to the   7,283        

collection of past-due child support from refunds of paid federal  7,284        

taxes pursuant to section 5101.32 of the Revised Code or of        7,285        

overdue child support from refunds of paid state income taxes      7,286        

pursuant to sections 5101.321 and 5747.121 of the Revised Code.    7,287        

      Sec. 3111.231.  IF A CHILD SUPPORT ENFORCEMENT AGENCY        7,289        

OTHERWISE REQUIRED BY DIVISION (A) OF SECTION 3111.23 OF THE       7,292        

REVISED CODE TO ISSUE A WITHHOLDING OR DEDUCTION NOTICE UNDER      7,294        

DIVISION (B) OF THAT SECTION IS UNABLE TO ISSUE THE NOTICE         7,296        

BECAUSE NONE OF THE CONDITIONS SPECIFIED IN DIVISION (B) OF THAT   7,297        

SECTION FOR ISSUING THE NOTICE APPLY TO THE OBLIGOR, THE AGENCY    7,298        

SHALL ISSUE AN ADMINISTRATIVE ORDER REQUIRING THE OBLIGOR, IF      7,299        

ABLE TO ENGAGE IN EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE    7,300        

IN A WORK ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE  7,302        

IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42         7,308        

U.S.C.A. 301, AS AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION  7,309        

407(d) OF THE "SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS        7,315        

AMENDED.  THE AGENCY SHALL INCLUDE IN THE ORDER A REQUIREMENT      7,316        

THAT THE OBLIGOR NOTIFY THE AGENCY ON OBTAINING EMPLOYMENT OR      7,317        

INCOME, OR OWNERSHIP OF ANY ASSET WITH A VALUE OF FIVE HUNDRED     7,318        

DOLLARS OR MORE.  THE AGENCY MAY ISSUE THE ORDER REGARDLESS OF     7,319        

WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES SUPPORT IS A          7,320        

                                                          173    

                                                                 
RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL SECURITY   7,324        

ACT."                                                              7,325        

      IF AN OBLIGOR IS ORDERED TO PARTICIPATE IN A WORK ACTIVITY,  7,329        

THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL OVERSEE THE OBLIGOR'S   7,330        

PARTICIPATION IN ACCORDANCE WITH RULES THE DEPARTMENT OF HUMAN     7,331        

SERVICES SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE        7,333        

REVISED CODE.  THE AGENCY MAY CONTRACT WITH ONE OR MORE PERSONS    7,335        

OR GOVERNMENT ENTITIES TO CARRY OUT SOME OR ALL OF ITS OVERSIGHT   7,336        

DUTIES.                                                                         

      IF AN OBLIGOR FAILS TO COMPLY WITH AN ADMINISTRATIVE ORDER,  7,339        

THE AGENCY SHALL SUBMIT A REQUEST TO A COURT FOR THE COURT TO      7,340        

TAKE ACTION UNDER DIVISION (D)(4) OF SECTION 3113.21 OF THE        7,342        

REVISED CODE.                                                      7,343        

      Sec. 3111.24.  (A)(1)  For purposes of this section, a       7,352        

withholding or deduction order that was issued prior to December   7,353        

31, 1993, under division (A)(1), (2), (3), (4), or (5) of section  7,354        

3111.23 of the Revised Code as the division existed prior to that  7,355        

date and that has not been terminated on or after December 31,     7,356        

1993, shall be considered to be a withholding or deduction notice  7,357        

issued under divisions (A) and (B)(1), OR (2), (3), (4), or (5)    7,359        

of section 3111.23 of the Revised Code.                            7,360        

      (2)  An employer A PAYOR required to withhold a specified    7,362        

amount from the personal earnings INCOME of an employee pursuant   7,363        

to a withholding notice issued under section 3111.23 of the        7,364        

Revised Code for purposes of support also may deduct from the      7,365        

personal earnings INCOME of the person, in addition to the amount  7,366        

withheld for purposes of support, a fee of two dollars or an       7,368        

amount not to exceed one per cent of the amount withheld for       7,369        

purposes of support, whichever is greater, as a charge for its     7,370        

services in complying with the withholding requirement included    7,371        

in the withholding notice.  An employer that is paying a person's  7,372        

workers' compensation benefits and that is required to withhold a  7,373        

specified amount from a person's workers' compensation benefits    7,374        

pursuant to a withholding notice issued under divisions (A) and    7,375        

                                                          174    

                                                                 
(B)(2) of section 3111.23 of the Revised Code for purposes of      7,376        

support also may deduct from the workers' compensation benefits,   7,377        

in addition to the amount withheld for purposes of support, a fee  7,378        

of two dollars or an amount not to exceed one per cent of the      7,379        

amount withheld for purposes of support, whichever is greater, as  7,380        

a charge for its services in complying with the withholding        7,381        

requirement included in the withholding notice.  A financial       7,382        

institution required to deduct funds from an account pursuant to   7,383        

a deduction notice issued under divisions (A) and (B)(5)(2) of     7,384        

section 3111.23 of the Revised Code for purposes of support may    7,385        

deduct from the account of the person, in addition to the amount   7,386        

deducted for purposes of support, a fee of five dollars or an      7,387        

amount not to exceed the lowest rate that it charges, if any, for  7,388        

a debit transaction in a similar account, whichever is less, as a  7,389        

charge for its service in complying with the deduction             7,390        

requirement included in the deduction notice.  The public          7,391        

employees retirement board, the board, board of trustees, or       7,392        

other governing entity of any municipal retirement system, the     7,393        

board of trustees of the police and firemen's disability and       7,394        

pension fund, the state teachers retirement board, the school      7,395        

employees retirement board, the state highway patrol retirement    7,396        

board, and a person paying or otherwise distributing an obligor's  7,397        

income required to withhold or deduct a specified amount from an   7,398        

obligor's pension, annuity, allowance, other benefit, or other     7,399        

source of income pursuant to a withholding or deduction notice     7,400        

issued under divisions (A) and (B)(3) or (4) of section 3111.23    7,401        

of the Revised Code for purposes of support also may deduct from   7,402        

the obligor's pension, annuity, allowance, other benefit, or       7,403        

other source of income, a fee of two dollars or an amount not to   7,404        

exceed one per cent of the amount withheld or deducted, whichever  7,405        

is less, as a charge for its services in complying with the        7,406        

withholding or deduction requirement included in the withholding   7,407        

or deduction notice.                                               7,408        

      The entire amount withheld or deducted pursuant to a         7,410        

                                                          175    

                                                                 
withholding or deduction notice issued under divisions (A) and     7,411        

(B) of section 3111.23 of the Revised Code for purposes of         7,412        

support shall be forwarded to the DIVISION OF child support        7,413        

enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES             7,415        

immediately, but no later than ten SEVEN working days, after the   7,416        

withholding or deduction, as directed in the withholding or        7,417        

deduction notice.                                                  7,418        

      (B)  If an employer, a PAYOR OR financial institution, an    7,420        

employer that is paying an obligor's workers' compensation         7,422        

benefits, the public employees retirement board, the board, board  7,423        

of trustees, or other governing entity of any municipal            7,424        

retirement system, the board of trustees of the police and         7,425        

firemen's disability and pension fund, the state teachers          7,426        

retirement board, the school employees retirement board, the       7,427        

state highway patrol retirement board, the person paying or        7,428        

otherwise distributing an obligor's income, or the bureau of       7,429        

workers' compensation is required to withhold or deduct a          7,430        

specified amount from the personal earnings, payments, pensions,   7,431        

annuities, allowances, benefits, other sources of income, or       7,432        

savings of more than one obligor pursuant to a withholding or      7,433        

deduction notice issued under divisions (A) and (B) of section     7,434        

3111.23 of the Revised Code and is required to forward the         7,435        

amounts withheld or deducted to the DIVISION OF child support      7,436        

enforcement agency, the employer, the public employees retirement  7,437        

board, the board, board of trustees, or other governing entity of  7,438        

any municipal retirement system, the board of trustees of the      7,439        

police and firemen's disability and pension fund, the state        7,440        

teachers retirement board, the school employees retirement board,  7,441        

the state highway patrol retirement board, the person paying or    7,442        

otherwise distributing an obligor's income, the PAYOR OR           7,443        

financial institution, the employer that is paying an obligor's    7,444        

workers' compensation benefits, or the bureau of workers'          7,445        

compensation may combine all of the amounts to be forwarded in     7,446        

one payment, provided the payment is accompanied by a list that    7,447        

                                                          176    

                                                                 
clearly identifies each obligor who is covered by the payment and  7,448        

the portion of the payment that is attributable to that obligor.   7,449        

      (C)  Upon receipt of any amount forwarded from an employer,  7,451        

a PAYOR OR financial institution, an employer that is paying a     7,452        

person's workers' compensation benefits, the public employees      7,454        

retirement board, the board, board of trustees, or other           7,455        

governing entity of any municipal retirement system, the board of  7,456        

trustees of the police and firemen's disability and pension fund,  7,457        

the state teachers retirement board, the school employees          7,458        

retirement board, the state highway patrol retirement board, the   7,459        

person paying or otherwise distributing an obligor's income, or    7,460        

the bureau of workers' compensation under this section, a THE      7,461        

DIVISION OF child support enforcement agency shall distribute the  7,463        

amount to the obligee within two business days of its receipt of   7,464        

the amount forwarded. The department of human services may adopt,  7,465        

amend, and rescind rules in accordance with Chapter 119. of the    7,466        

Revised Code to assist child support enforcement agencies in the   7,467        

implementation of this division.                                   7,468        

      (D)  A PAYOR OR FINANCIAL INSTITUTION SHALL NOT BE SUBJECT   7,470        

TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN ACCORDANCE WITH  7,471        

THIS SECTION, WITH A WITHHOLDING OR DEDUCTION NOTICE ISSUED        7,472        

PURSUANT TO DIVISION (B) OF SECTION 3111.23 OF THE REVISED CODE.   7,473        

      Sec. 3111.241.  (A)  As used in this section, "insurer"      7,482        

means any person that is authorized to engage in the business of   7,483        

insurance in this state under Title XXXIX of the Revised Code,     7,484        

any health insuring corporation, and any legal entity that is      7,486        

self-insured and provides benefits to its employees or members.    7,487        

      (B)  If an administrative officer of a child support         7,489        

enforcement agency issues IN ANY PROCEEDING IN WHICH an            7,490        

administrative support order IS ISSUED under section 3111.20,      7,492        

3111.21 3111.211, or 3111.22 of the Revised Code, in addition to   7,494        

any requirements in those sections, the CHILD SUPPORT ENFORCEMENT  7,495        

agency also shall issue a separate order that includes all         7,497        

DETERMINE THE PARENT RESPONSIBLE FOR THE HEALTH CARE OF THE        7,498        

                                                          177    

                                                                 
CHILDREN SUBJECT TO THE ORDER AND SHALL INCLUDE IN THE ORDER ONE   7,499        

of the following:                                                               

      (1)  A requirement that the obligor under the child support  7,501        

order obtain health insurance coverage for the children who are    7,502        

the subject of the administrative child support order from an      7,503        

insurer that provides a group health insurance or health care      7,504        

policy, contract, or plan that is specified in the order and a     7,505        

requirement that the obligor, no later than thirty days after the  7,506        

issuance of the order under division (B)(1) of this section,       7,507        

furnish written proof to the child support enforcement agency      7,508        

that the required health insurance coverage has been obtained, if  7,509        

that coverage is available at a reasonable cost through a group    7,510        

health insurance or health care policy, contract, or plan offered  7,511        

by the obligor's employer or through any other group health        7,512        

insurance or health care policy, contract, or plan available to    7,513        

the obligor and if health insurance coverage for the children IT   7,514        

is not available for a more reasonable cost through a group        7,516        

health insurance or health care policy, contract, or plan          7,517        

available to the obligee under the administrative child support    7,518        

order;                                                                          

      (2)  If the obligor is required under division (B)(1) of     7,520        

this section to obtain health insurance coverage for the children  7,521        

who are the subject of the administrative child support order, a   7,522        

requirement that the obligor supply the obligee with information   7,523        

regarding the benefits, limitations, and exclusions of the health  7,524        

insurance coverage, copies of any insurance forms necessary to     7,525        

receive reimbursement, payment, or other benefits under the        7,526        

health insurance coverage, and a copy of any necessary insurance   7,527        

cards, a requirement that the obligor submit a copy of the         7,528        

administrative order issued pursuant to division (B) of this       7,529        

section to the insurer at the time that the obligor makes          7,530        

application to enroll the children in the health insurance or      7,531        

health care policy, contract, or plan, and a requirement that the  7,532        

obligor, no later than thirty days after the issuance of the       7,533        

                                                          178    

                                                                 
administrative order under division (B)(2) of this section,        7,534        

furnish written proof to the child support enforcement agency      7,535        

that division (B)(2) of this section has been complied with;       7,536        

      (3)  A requirement that the obligee under the                7,538        

administrative child support order obtain health insurance         7,539        

coverage for the children who are the subject of the               7,540        

administrative child support order from an insurer that provides   7,541        

a group health insurance or health care policy, contract, or plan  7,542        

that is specified in the administrative order and a requirement    7,543        

that the obligee, no later than thirty days after the issuance of  7,544        

the administrative order under division (B)(1) of this section,    7,545        

furnish written proof to the child support enforcement agency      7,546        

that the required health insurance coverage has been obtained, if  7,547        

that coverage is available through a group health insurance or     7,548        

health care policy, contract, or plan offered by the obligee's     7,549        

employer or through any other group health insurance or health     7,550        

care policy, contract, or plan available to the obligee and if     7,551        

that coverage IT is available at a more reasonable cost than       7,552        

health insurance SUCH coverage for the children through a group    7,554        

health insurance or health care policy, contract, or plan IS       7,555        

available to the obligor;                                          7,556        

      (4)  If the obligee is required under division (B)(3) of     7,558        

this section to obtain health insurance coverage for the children  7,559        

who are the subject of the administrative child support order, a   7,560        

requirement that the obligee submit a copy of the administrative   7,561        

order issued pursuant to division (B) of this section to the       7,562        

insurer at the time that the obligee makes application to enroll   7,563        

the children in the health insurance or health care policy,        7,564        

contract, or plan;                                                 7,565        

      (5)  A list of the group health insurance and health care    7,567        

policies, contracts, and plans that the child support enforcement  7,568        

agency determines are available at a reasonable cost to the        7,569        

obligor or to the obligee and the name of the insurer that issues  7,570        

each policy, contract, or plan;                                    7,571        

                                                          179    

                                                                 
      (6)  A statement setting forth the name, address, and        7,573        

telephone number of the individual who is to be reimbursed for     7,574        

out-of-pocket medical, optical, hospital, dental, or prescription  7,575        

expenses paid for each child who is the subject of the             7,576        

administrative child support order and a statement that the        7,577        

insurer that provides the health insurance coverage for the        7,578        

children may continue making payment for medical, optical,         7,579        

hospital, dental, or prescription services directly to any health  7,580        

care provider in accordance with the applicable health insurance   7,581        

or health care policy, contract, or plan;                          7,582        

      (7)  A requirement that the obligor and the obligee          7,584        

designate the children who are the subject of the administrative   7,585        

child support order as covered dependents under any health         7,586        

insurance or health care policy, contract, or plan for which they  7,587        

contract;                                                          7,588        

      (8)  A requirement that the obligor, the obligee, or both    7,590        

of them under a formula established by the child support           7,591        

enforcement agency pay copayment or deductible costs required      7,592        

under the health insurance or health care policy, contract, or     7,593        

plan that covers the children;                                     7,594        

      (9)(3)  If health insurance coverage for the children who    7,596        

are the subject of the administrative order is not available at a  7,598        

reasonable cost through a group health insurance or health care    7,599        

policy, contract, or plan offered by the obligor's employer or     7,600        

through any other group health insurance or health care policy,    7,601        

contract, or plan available to the obligor and is not available    7,602        

at a reasonable cost through a group health insurance or health    7,603        

care policy, contract, or plan offered by the obligee's employer   7,604        

or through any other group health insurance or health care         7,605        

policy, contract, or plan available to OR the obligee, a           7,606        

requirement that the obligor and the obligee share liability for   7,608        

the cost of the medical and health care needs of the children who  7,609        

are the subject of the administrative order, under an equitable    7,610        

formula established by the agency, and a requirement that if,      7,611        

                                                          180    

                                                                 
after the issuance of the order, health insurance coverage for     7,612        

the children who are the subject of the administrative order       7,613        

becomes available at a reasonable cost through a group health      7,614        

insurance or health care policy, contract, or plan offered by the  7,615        

obligor's or obligee's employer or through any other group health  7,616        

insurance or health care policy, contract, or plan available to    7,617        

the obligor or obligee, the obligor or obligee to whom the         7,618        

coverage becomes available immediately inform the agency of that   7,619        

fact;                                                                           

      (10)  A notice that, if the obligor is required under        7,621        

divisions (B)(1) and (2) of this section to obtain health          7,622        

insurance coverage for the children who are the subject of the     7,623        

administrative child support order and if the obligor fails to     7,624        

comply with the requirements of those divisions, the child         7,625        

support enforcement agency immediately shall issue an              7,626        

administrative order to the employer of the obligor, upon written  7,627        

notice from the child support enforcement agency, requiring the    7,628        

employer to take whatever action is necessary to make application  7,629        

to enroll the obligor in any available group health insurance or   7,630        

health care policy, contract, or plan with coverage for the        7,631        

children who are the subject of the administrative child support   7,632        

order, to submit a copy of the administrative order issued         7,633        

pursuant to division (B) of this section to the insurer at the     7,634        

time that the employer makes application to enroll the children    7,635        

in the health insurance or health care policy, contract, or plan,  7,636        

and, if the obligor's application is accepted, to deduct any       7,637        

additional amount from the obligor's earnings necessary to pay     7,638        

any additional cost for that health insurance coverage;            7,639        

      (11)  A notice that during the time that an order under      7,641        

this section is in effect, the employer of the obligor is          7,642        

required to release to the obligee or the child support            7,643        

enforcement agency upon written request any necessary information  7,644        

on the health insurance coverage of the obligor, including, but    7,645        

not limited to, the name and address of the insurer and any        7,646        

                                                          181    

                                                                 
policy, contract, or plan number, and to otherwise comply with     7,647        

this section and any court order issued under this section;        7,648        

      (12)  A statement setting forth the full name and date of    7,650        

birth of each child who is the subject of the administrative       7,651        

child support order;                                               7,652        

      (13)  A requirement that the obligor and the obligee comply  7,654        

with any requirement described in division (B)(1), (2), (3), (4),  7,655        

or (7) of this section that is contained in the order issued       7,656        

under this section no later than thirty days after the issuance    7,657        

of the order.                                                      7,658        

      (C)  If an administrative officer of a child support         7,660        

enforcement agency issues an administrative support order under    7,661        

section 3111.20, 3111.21, or 3111.22 of the Revised Code, the      7,662        

child support enforcement agency, in addition to any requirements  7,664        

in those sections and in lieu of an order issued under division    7,665        

(B) of this section, may issue a separate order requiring both     7,666        

      (4)  A REQUIREMENT THAT BOTH the obligor and the obligee to  7,669        

obtain health insurance coverage for the children who are the      7,670        

subject of the administrative child support order, if health       7,671        

insurance coverage is available for the children and if the        7,672        

agency determines that the coverage is available at a reasonable   7,673        

cost to both the obligor and the obligee and that the dual         7,674        

coverage by both parents would provide for coordination of         7,675        

medical benefits without unnecessary duplication of coverage.  If  7,676        

the agency issues an order under this division, it shall include   7,677        

in the order any of the requirements, notices, and information     7,678        

set forth in divisions (B)(1) to (13) of this section that are     7,679        

applicable.                                                                     

      (D)(C)  AN ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO   7,682        

SECTION 3111.20 OR 3111.22 OF THE REVISED CODE SHALL CONTAIN ALL   7,684        

OF THE FOLLOWING:                                                  7,685        

      (1)  IF THE OBLIGOR IS REQUIRED UNDER DIVISION (B)(1) OF     7,688        

THIS SECTION, THE OBLIGEE IS REQUIRED UNDER DIVISION (B)(2) OF     7,690        

THIS SECTION, OR BOTH THE OBLIGOR AND OBLIGEE ARE REQUIRED UNDER   7,691        

                                                          182    

                                                                 
DIVISION (B)(4) OF THIS SECTION, TO PROVIDE HEALTH INSURANCE       7,693        

COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT THE OBLIGOR OR       7,694        

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  7,695        

PROVIDE THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS,  7,697        

LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE,      7,698        

COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT,  7,699        

PAYMENT, OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE,    7,700        

AND A COPY OF ANY NECESSARY INSURANCE CARDS, A REQUIREMENT THAT    7,701        

THE OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH       7,702        

INSURANCE COVERAGE, SUBMIT A COPY OF THE ADMINISTRATIVE ORDER      7,703        

ISSUED PURSUANT TO DIVISION (B)(1), (2), OR (4) OF THIS SECTION    7,705        

TO THE INSURER AT THE TIME THAT THE OBLIGOR OR OBLIGEE, WHOEVER                 

IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, MAKES             7,706        

APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR      7,707        

HEALTH CARE POLICY, CONTRACT, OR PLAN, AND A REQUIREMENT THAT THE  7,708        

OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH           7,709        

INSURANCE COVERAGE, FURNISH WRITTEN PROOF TO THE CHILD SUPPORT     7,710        

ENFORCEMENT AGENCY THAT DIVISION (C)(1) OF THIS SECTION HAS BEEN   7,711        

COMPLIED WITH;                                                                  

      (2)  A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE    7,713        

POLICIES, CONTRACTS, AND PLANS THAT THE CHILD SUPPORT ENFORCEMENT  7,714        

AGENCY DETERMINES ARE AVAILABLE AT A REASONABLE COST TO THE        7,715        

OBLIGOR OR TO THE OBLIGEE AND THE NAME OF THE INSURER THAT ISSUES  7,716        

EACH POLICY, CONTRACT, OR PLAN;                                    7,717        

      (3)  A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND        7,719        

TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR     7,720        

OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION  7,721        

EXPENSES PAID FOR EACH CHILD WHO IS THE SUBJECT OF THE             7,722        

ADMINISTRATIVE CHILD SUPPORT ORDER AND A STATEMENT THAT THE        7,723        

INSURER THAT PROVIDES THE HEALTH INSURANCE COVERAGE FOR THE        7,724        

CHILDREN MAY CONTINUE MAKING PAYMENT FOR MEDICAL, OPTICAL,         7,725        

HOSPITAL, DENTAL, OR PRESCRIPTION SERVICES DIRECTLY TO ANY HEALTH  7,726        

CARE PROVIDER IN ACCORDANCE WITH THE APPLICABLE HEALTH INSURANCE   7,727        

OR HEALTH CARE POLICY, CONTRACT, OR PLAN;                          7,728        

                                                          183    

                                                                 
      (4)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE          7,730        

DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH      7,731        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN FOR WHICH THEY  7,732        

CONTRACT;                                                          7,733        

      (5)  A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH    7,735        

OF THEM UNDER A FORMULA ESTABLISHED BY THE CHILD SUPPORT           7,736        

ENFORCEMENT AGENCY PAY COPAYMENT OR DEDUCTIBLE COSTS REQUIRED      7,737        

UNDER THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR     7,738        

PLAN THAT COVERS THE CHILDREN;                                     7,739        

      (6)  A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE    7,741        

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO        7,743        

RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT       7,744        

AGENCY UPON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE       7,745        

HEALTH INSURANCE COVERAGE, INCLUDING, BUT NOT LIMITED TO, THE      7,746        

NAME AND ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN  7,747        

NUMBER, AND TO OTHERWISE COMPLY WITH THIS SECTION AND ANY COURT    7,748        

ORDER ISSUED UNDER THIS SECTION;                                                

      (7)  A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF     7,750        

BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE ADMINISTRATIVE       7,751        

CHILD SUPPORT ORDER;                                               7,752        

      (8)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY   7,754        

WITH ANY REQUIREMENT DESCRIBED IN DIVISION (B)(1), (2), AND (4),   7,755        

AND (C)(1) AND (4) OF THIS SECTION THAT IS CONTAINED IN THE ORDER  7,756        

ISSUED UNDER SECTION 3111.20, 3111.211, OR 3111.22 OF THE REVISED  7,758        

CODE NO LATER THAN THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER.    7,760        

      (9)  A NOTICE THAT, IF THE OBLIGOR OR OBLIGEE IS REQUIRED    7,762        

TO OBTAIN HEALTH INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE  7,764        

SUPPORT ORDER FOR THE CHILDREN AND IF THE OBLIGOR OR OBLIGEE       7,765        

FAILS TO OBTAIN THE HEALTH INSURANCE COVERAGE, THE CHILD SUPPORT   7,766        

ENFORCEMENT AGENCY WILL COMPLY WITH DIVISION (D) OF THIS SECTION   7,767        

TO OBTAIN A COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO        7,768        

OBTAIN THE HEALTH INSURANCE COVERAGE;                              7,769        

      (10)  A NOTICE THAT STATES THE FOLLOWING:  "IF THE PERSON    7,771        

REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE          7,772        

                                                          184    

                                                                 
CHILDREN SUBJECT TO THIS ADMINISTRATIVE SUPPORT ORDER OBTAINS NEW  7,774        

EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS   7,775        

PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY    7,776        

WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION 3111.241 OF THE   7,777        

REVISED CODE WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE          7,780        

REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY    7,781        

TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED  7,782        

BY THE NEW EMPLOYER."                                                           

      (D)  IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH      7,784        

INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE SUPPORT ORDER     7,786        

ISSUED IN ACCORDANCE WITH THIS SECTION DOES NOT OBTAIN THE                      

REQUIRED HEALTH INSURANCE COVERAGE WITHIN THIRTY DAYS AFTER THE    7,788        

ADMINISTRATIVE SUPPORT ORDER IS ISSUED, THE CHILD SUPPORT          7,789        

ENFORCEMENT AGENCY SHALL NOTIFY THE COURT OF COMMON PLEAS OF THE   7,790        

COUNTY IN WHICH THE AGENCY IS LOCATED IN WRITING OF THE FAILURE    7,791        

TO COMPLY WITH THE ADMINISTRATIVE SUPPORT ORDER.  ON RECEIPT OF    7,792        

THE NOTICE FROM THE AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE  7,793        

EMPLOYER OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH       7,794        

INSURANCE COVERAGE REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION  7,795        

IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE  7,796        

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE      7,798        

GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN    7,799        

WITH COVERAGE FOR THE CHILDREN, TO SUBMIT A COPY OF THE            7,800        

ADMINISTRATIVE SUPPORT ORDER TO THE INSURER AT THE TIME THAT THE   7,801        

EMPLOYER MAKES APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH    7,803        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN, AND, IF THE    7,804        

APPLICATION IS ACCEPTED, TO DEDUCT FROM THE WAGES OR OTHER INCOME  7,805        

OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE      7,806        

COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN.  ON RECEIPT    7,808        

OF ANY COURT ORDER UNDER THIS DIVISION, THE EMPLOYER SHALL TAKE    7,809        

WHATEVER ACTION IS NECESSARY TO COMPLY WITH THE COURT ORDER.       7,810        

      (E)(1)  IF AN OBLIGOR OR OBLIGEE IS REQUIRED TO OBTAIN       7,813        

HEALTH INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE SUPPORT    7,814        

ORDER IN ACCORDANCE WITH THIS SECTION AND THE OBLIGOR OR OBLIGEE   7,815        

                                                          185    

                                                                 
OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN      7,816        

EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD        7,817        

SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE WHETHER THE NEW       7,818        

EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT WOULD COVER THE     7,819        

CHILDREN.  IF THE AGENCY DETERMINES THAT THE NEW EMPLOYER          7,820        

PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD COVER THE CHILDREN,  7,821        

THE AGENCY SHALL SEND A NOTICE DESCRIBED IN DIVISION (E)(2) OF     7,823        

THIS SECTION AND A COPY OF THE ADMINISTRATIVE SUPPORT ORDER TO     7,824        

THE NEW EMPLOYER AND SHALL SEND A COPY OF THE NOTICE TO THE        7,825        

OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH           7,826        

INSURANCE COVERAGE UNDER THE ADMINISTRATIVE SUPPORT ORDER.  ON     7,827        

RECEIPT OF THE NOTICE, THE NEW EMPLOYER SHALL COMPLY WITH ITS      7,828        

PROVISIONS.                                                                     

      (2)  THE NOTICE REQUIRED BY DIVISION (E)(1) SHALL CONTAIN    7,831        

THE FOLLOWING:                                                     7,832        

      (a)  A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER       7,835        

ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR   7,836        

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  7,837        

IN ANY AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY,     7,838        

CONTRACT, OR PLAN WITH COVERAGE FOR THE CHILDREN;                  7,839        

      (b)  A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF    7,842        

THE ADMINISTRATIVE SUPPORT ORDER REQUIRING THE OBLIGOR OR OBLIGEE  7,843        

TO OBTAIN HEALTH CARE INSURANCE FOR THE CHILDREN TO THE INSURER    7,844        

AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO ENROLL THE      7,845        

CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT,  7,846        

OR PLAN;                                                                        

      (c)  A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED,     7,849        

THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE      7,850        

OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN THE HEALTH       7,851        

INSURANCE COVERAGE, THE COST OF THE COVERAGE FOR THE CHILDREN;     7,852        

      (d)  A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE       7,855        

FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE     7,856        

ADMINISTRATIVE SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE                      

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS      7,857        

                                                          186    

                                                                 
AFTER THE DATE ON WHICH THE NOTICE IS SENT, FILES A WRITTEN        7,858        

REQUEST WITH THE AGENCY REQUESTING MODIFICATION OF THE             7,859        

ADMINISTRATIVE SUPPORT ORDER PURSUANT TO SECTION 3111.27 OF THE    7,860        

REVISED CODE.                                                      7,861        

      (F)  Any administrative SUPPORT order issued under IN        7,864        

ACCORDANCE WITH, OR ANY COURT ORDER ISSUED UNDER DIVISION (D) OF,  7,865        

this section shall be binding upon the obligor and the obligee,    7,867        

their employers, and any insurer that provides health insurance    7,868        

coverage for either of them or their children.  The agency shall   7,869        

send a copy of any THE administrative SUPPORT order issued under   7,871        

this section that contains any requirement or notice described in  7,872        

division (B)(1), (2), (3), (4), (7), (8), or (10) of this section  7,874        

OR COURT ORDER by ordinary mail to the obligor, the obligee, and   7,875        

any employer that is subject to the administrative order OR COURT  7,876        

ORDER.  The agency shall send a copy of any administrative order   7,878        

issued under this section that contains any requirement contained  7,879        

in division (B)(9) of this section by ordinary mail to the         7,880        

obligor and obligee.                                                            

      (E)  If an obligor does not comply with any administrative   7,882        

order issued under this section that contains any requirement or   7,883        

notice described in division (B)(1), (2), (4), (7), (8), or (10)   7,884        

of this section within thirty days after the administrative order  7,885        

is issued, the child support enforcement agency shall notify the   7,886        

court of common pleas of the county in which the agency is         7,887        

located in writing of the failure of the obligor to comply with    7,888        

the administrative order.  Upon receipt of the notice from the     7,889        

agency, the court shall issue an order to the employer of the      7,890        

obligor requiring the employer to take whatever action is          7,891        

necessary to make application to enroll the obligor in any         7,892        

available group health insurance or health care policy, contract,  7,893        

or plan with coverage for the children who are the subject of the  7,894        

administrative child support order, to submit a copy of the        7,895        

administrative order issued pursuant to division (B) of this       7,896        

section to the insurer at the time that the employer makes         7,897        

                                                          187    

                                                                 
application to enroll the children in the health insurance or      7,898        

health care policy, contract, or plan, and, if the obligor's       7,899        

application is accepted, to deduct from the wages or other income  7,900        

of the obligor the cost of the coverage for the children.  Upon    7,901        

receipt of any court order under this division, the employer       7,902        

shall take whatever action is necessary to comply with the court   7,903        

order.                                                             7,904        

      (G)(1)  During the time that any administrative SUPPORT      7,906        

ORDER ISSUED IN ACCORDANCE WITH, or court order issued under       7,908        

DIVISION (D) OF, this section is in effect and after the employer  7,910        

has received a copy of the administrative SUPPORT ORDER or court   7,911        

order, the employer of the obligor who is the subject of OR        7,912        

OBLIGEE REQUIRED TO COMPLY WITH the administrative SUPPORT ORDER   7,913        

or court order shall comply with the administrative SUPPORT ORDER  7,914        

or court order and, upon request from the obligee OTHER PARENT or  7,916        

THE agency, shall release to the obligee THAT OTHER PARENT and     7,918        

the child support enforcement agency all information about the     7,920        

obligor's health insurance coverage that is necessary to ensure    7,921        

compliance with this section or any administrative SUPPORT ORDER   7,922        

ISSUED IN ACCORDANCE WITH, or court order issued under DIVISION    7,923        

(D) OF, this section, including, but not limited to, the name and  7,924        

address of the insurer and any policy, contract, or plan number.   7,925        

Any information provided by an employer pursuant to this division  7,926        

shall be used only for the purpose of the enforcement of an THE    7,927        

administrative SUPPORT ORDER or court order issued under this      7,928        

section.                                                           7,929        

      (2)  Any employer who receives a copy of an THE              7,931        

administrative SUPPORT ORDER or court order issued under this      7,933        

section shall notify the child support enforcement agency of any   7,934        

change in or the termination of the obligor's health insurance     7,935        

coverage that is maintained pursuant to an THE order issued under  7,936        

this section.                                                                   

      (F)(3)  Any insurer that receives a copy of an               7,938        

administrative SUPPORT order OR COURT ORDER issued under IN        7,939        

                                                          188    

                                                                 
ACCORDANCE WITH this section shall comply with this section and    7,941        

any administrative order issued under this section, regardless of  7,942        

the residence of the children.  If an insurer provides health      7,943        

insurance coverage for the children who are the subject of an      7,944        

administrative child support order in accordance with an THE       7,945        

ADMINISTRATIVE SUPPORT order OR COURT ORDER issued under DIVISION  7,946        

(D) OF this section, the insurer shall reimburse the parent, who   7,947        

is designated to receive reimbursement in the administrative       7,948        

SUPPORT order issued under this section, for covered               7,950        

out-of-pocket medical, optical, hospital, dental, or prescription  7,951        

expenses incurred on behalf of the children subject to the         7,952        

administrative order.                                                           

      (G)(H)  If an obligee under an administrative child support  7,954        

order ISSUED IN ACCORDANCE WITH THIS SECTION is eligible for       7,955        

medical assistance under Chapter 5111. or 5115. of the Revised     7,957        

Code and the obligor has obtained health insurance coverage        7,958        

pursuant to an administrative order issued under division (B) of   7,959        

this section, the obligee shall notify any physician, hospital,    7,960        

or other provider of medical services for which medical            7,961        

assistance is available of the name and address of the obligor's   7,962        

insurer and of the number of the obligor's health insurance or     7,963        

health care policy, contract, or plan.  Any physician, hospital,   7,964        

or other provider of medical services for which medical            7,965        

assistance is available under Chapter 5111. or 5115. of the        7,966        

Revised Code who is notified under this division of the existence  7,967        

of a health insurance or health care policy, contract, or plan     7,968        

with coverage for children who are eligible for medical                         

assistance first shall bill the insurer for any services provided  7,969        

for those children.  If the insurer fails to pay all or any part   7,970        

of a claim filed under this division by the physician, hospital,   7,971        

or other medical services provider and the services for which the  7,972        

claim is filed are covered by Chapter 5111. or 5115. of the        7,973        

Revised Code, the physician, hospital, or other medical services   7,975        

provider shall bill the remaining unpaid costs of the services in  7,976        

                                                          189    

                                                                 
accordance with Chapter 5111. or 5115. of the Revised Code.        7,977        

      (H)(I)  Any obligor who fails to comply with an              7,979        

administrative SUPPORT order issued under IN ACCORDANCE WITH, OR   7,980        

A COURT ORDER ISSUED UNDER DIVISION (D) OF, this section is        7,981        

liable to the obligee for any medical expenses incurred as a       7,983        

result of the failure to comply with the administrative order.     7,984        

AN OBLIGEE WHO FAILS TO COMPLY WITH AN ADMINISTRATIVE SUPPORT      7,985        

ORDER ISSUED IN ACCORDANCE WITH, OR A COURT ORDER ISSUED UNDER     7,986        

DIVISION (D) OF, THIS SECTION IS LIABLE TO THE OBLIGOR FOR ANY     7,987        

MEDICAL EXPENSES INCURRED AS A RESULT OF THE FAILURE TO COMPLY                  

WITH THE ORDER.                                                    7,988        

      (I)(J)  Nothing in this section shall be construed to        7,990        

require an insurer to accept for enrollment any child who does     7,991        

not meet the underwriting standards of the health insurance or     7,992        

health care policy, contract, or plan for which application is     7,993        

made.                                                                           

      (J)  If any person fails to comply with an administrative    7,995        

(K)  WHOEVER VIOLATES A COURT order issued under DIVISION (D) OF   7,997        

this section, the agency may bring an action under section         7,999        

3111.242 of the Revised Code in the juvenile court of the county   8,000        

in which the agency is located requesting the court to find the    8,001        

obligor or any other person in MAY BE PUNISHED AS FOR contempt     8,002        

pursuant to section 2705.02 of the Revised Code.                   8,003        

      (L)  AN ADMINISTRATIVE ORDER ISSUED PURSUANT TO THIS         8,006        

SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT TO PROVIDE   8,007        

FOR THE HEALTH CARE NEEDS OF CHILDREN SUBJECT TO AN                8,008        

ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO FORMER SECTION     8,009        

3111.21 OR SECTION 3111.20 OR 3111.22 OF THE REVISED CODE SHALL    8,011        

REMAIN IN FULL FORCE AND EFFECT AND SHALL BE CONSIDERED A          8,012        

REQUIREMENT INCLUDED AS PART OF THE ADMINISTRATIVE SUPPORT ORDER.  8,013        

THE ADMINISTRATIVE SUPPORT ORDER SHALL BE SUBJECT TO THE           8,014        

PROVISIONS OF THIS SECTION ON AND AFTER THE EFFECTIVE DATE OF      8,015        

THIS AMENDMENT.                                                                 

      Sec. 3111.242.  (A)  If an obligor or any other person       8,024        

                                                          190    

                                                                 
fails to comply with an administrative order issued under FORMER   8,026        

SECTION 3111.21 OR section 3111.20, 3111.21 3111.211, OR 3111.22,  8,028        

or 3111.241 of the Revised Code, the child support enforcement     8,030        

agency that issued the administrative order may request the        8,031        

juvenile court of the county in which the agency is located to                  

find the obligor or other person in contempt pursuant to section   8,032        

2705.02 of the Revised Code.                                       8,033        

      (B)  IF AN ALLEGED FATHER OR NATURAL MOTHER WILLFULLY FAILS  8,036        

TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER, NATURAL       8,037        

MOTHER, OR ANY OTHER PERSON WHO IS THE CUSTODIAN OF THE CHILD      8,038        

WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, AS         8,039        

REQUIRED BY AN ORDER FOR GENETIC TESTING ISSUED UNDER SECTION      8,040        

3111.22 OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY  8,043        

THAT ISSUED THE ORDER MAY REQUEST THAT THE JUVENILE COURT OF THE   8,044        

COUNTY IN WHICH THE AGENCY IS LOCATED FIND THE ALLEGED FATHER,     8,045        

NATURAL MOTHER, OR OTHER PERSON IN CONTEMPT PURSUANT TO SECTION    8,046        

2705.02 OF THE REVISED CODE.                                       8,048        

      Sec. 3111.25.  (A)(1)  For purposes of this section, a       8,057        

withholding or deduction order that was issued prior to December   8,058        

31, 1993, under division (A)(1), (2), (4), or (5) of section       8,059        

3111.23 of the Revised Code as the division existed prior to that  8,060        

date and that has not been terminated on or after December 31,     8,061        

1993, shall be considered to be a withholding or deduction notice  8,062        

issued under divisions (A) and (B)(1), OR (2), (4), or (5) of      8,064        

section 3111.23 of the Revised Code.                               8,065        

      (2)  An employer A PAYOR that fails to withhold an amount    8,067        

from an obligor's personal earnings INCOME for support in          8,069        

accordance with a withholding requirement contained in a           8,071        

withholding notice issued under divisions (A) and (B)(1) of        8,072        

section 3111.23 of the Revised Code, an employer that is paying    8,073        

an obligor's workers' compensation benefits and that fails to      8,074        

withhold the obligor's workers' compensation benefits for support  8,075        

in accordance with a withholding requirement contained in a        8,076        

withholding notice issued under divisions (A) and (B)(2) of        8,077        

                                                          191    

                                                                 
section 3111.23 of the Revised Code, OR a financial institution    8,078        

that fails to deduct funds from an obligor's account for support   8,079        

in accordance with a deduction requirement contained in a          8,080        

deduction notice issued under divisions (A) and (B)(5)(2) of       8,081        

section 3111.23 of the Revised Code, or any other person that      8,083        

fails to withhold or deduct an amount from the income of an        8,084        

obligor in accordance with a withholding or deduction requirement  8,085        

contained in a withholding or deduction notice issued under        8,086        

divisions (A) and (B)(4) of section 3111.23 of the Revised Code    8,087        

is liable for the amount that was not withheld or deducted,        8,088        

provided that no PAYOR THAT IS AN employer whose normal pay and    8,090        

disbursement cycles make it impossible to comply with a                         

withholding requirement contained in a withholding notice issued   8,091        

under divisions (A) and (B)(1) of section 3111.23 of the Revised   8,092        

Code shall be liable for the amount not withheld if the employer,  8,093        

as soon as possible after the employer's receipt of the            8,094        

withholding notice, provides the agency that issued the            8,095        

withholding notice with written notice of the impossibility and    8,096        

the reasons for the impossibility.  An employer who is liable      8,097        

under this provision for an amount that was not withheld shall be  8,098        

ordered by the agency to pay that amount to the DIVISION OF child  8,099        

support enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES,    8,101        

to be disbursed in accordance with the administrative support      8,103        

order for the benefit of the child or spouse.                      8,104        

      (B)  No PAYOR THAT IS AN employer may use a requirement to   8,106        

withhold personal earnings contained in a withholding notice       8,108        

issued under divisions (A) and (B)(1) of section 3111.23 of the    8,109        

Revised Code as a basis for a discharge of, or for any             8,110        

disciplinary action against, an employee, or as a basis for a      8,111        

refusal to employ a person.                                                     

      Sec. 3111.26.  If a child support enforcement agency is      8,120        

requested to determine the existence or nonexistence of a parent   8,121        

and child relationship pursuant to sections 3111.21 3111.22 to     8,122        

3111.29 of the Revised Code, the administrative officer shall      8,124        

                                                          192    

                                                                 
provide notice of the determination request pursuant to the Rules               

of Civil Procedure to the natural mother of the child who is the   8,125        

subject of the request, each man presumed to be the father of the  8,126        

child under section 3111.03 of the Revised Code, and each man      8,127        

alleged to be the natural father of the child.  IF THE AGENCY IS   8,128        

UNABLE TO OBTAIN SERVICE OF PROCESS ON THE PRESUMED FATHER,        8,129        

ALLEGED FATHER, OR NATURAL MOTHER WITHIN THE TIME PERIOD           8,130        

DESCRIBED IN DIVISION (C)(1) OF SECTION 3111.22 OF THE REVISED     8,132        

CODE, THE AGENCY SHALL PROCEED WITH THE GENETIC TESTING AS         8,133        

PROVIDED IN THAT SECTION.                                                       

      Sec. 3111.27.  (A)  No later than May 1, 1992, the           8,142        

department of human services shall adopt rules in accordance with  8,143        

Chapter 119. of the Revised Code establishing a procedure          8,144        

substantially similar to the procedure adopted pursuant to         8,145        

section 3113.216 of the Revised Code for determining when          8,146        

existing administrative support orders should be reviewed to       8,147        

determine whether it is necessary or in the best interest of the   8,148        

child who is the subject of the administrative support order to    8,149        

modify:                                                            8,150        

      (1)  THE SUPPORT AMOUNT ORDERED UNDER the administrative     8,152        

support order and to calculate any modification TO THE SUPPORT     8,154        

AMOUNT in accordance with section 3113.215 of the Revised Code;    8,156        

      (2)  THE PROVISIONS FOR THE CHILD'S HEALTH CARE NEEDS IN     8,158        

THE ADMINISTRATIVE SUPPORT ORDER AND TO MAKE THE MODIFICATION IN   8,159        

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              8,160        

      (B)(1)  If a child support enforcement agency, periodically  8,162        

or upon the request of the obligee or obligor, plans to review an  8,163        

administrative support order in accordance with the rules adopted  8,164        

pursuant to division (A) of this section or otherwise is           8,165        

requested to review an administrative support order, it shall do   8,166        

all the following prior to formally beginning the review:          8,167        

      (a)  Establish a date certain upon which the review shall    8,169        

begin;                                                             8,170        

      (b)  At least sixty days before formally beginning the       8,172        

                                                          193    

                                                                 
review, send the obligor and obligee notice of the planned review  8,173        

and of the date when the review will formally begin;               8,174        

      (c)  Request the obligor to provide the agency, no later     8,176        

than the scheduled date for formally beginning the review, with a  8,177        

copy of the obligor's federal income tax return from the previous  8,178        

year, a copy of all pay stubs obtained by the obligor within the   8,179        

preceding six months, a copy of all records evidencing the         8,180        

receipt of salary, wages, or compensation by the obligor within    8,181        

the preceding six months, A LIST OF THE GROUP HEALTH INSURANCE     8,182        

AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE    8,183        

OBLIGOR AND THEIR COSTS, THE CURRENT GROUP HEALTH INSURANCE OR     8,184        

HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS   8,185        

ENROLLED AND ITS COST, and any other information necessary to      8,186        

properly review the administrative support order, and request the  8,187        

obligee to provide the agency, no later than the scheduled date    8,188        

for review to formally begin, with a copy of the obligee's         8,189        

federal income tax returns from the previous year, a copy of all   8,190        

pay stubs obtained by the obligee within the preceding six         8,191        

months, a copy of all records evidencing the receipt of salary,    8,194        

wages, or compensation by the obligee within the preceding six     8,195        

months, A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE       8,197        

POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR  8,198        

COSTS, THE CURRENT GROUP HEALTH INSURANCE OR HEALTH CARE POLICY,   8,199        

CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS      8,200        

COST, and any other information necessary to properly review the   8,202        

administrative support order;                                                   

      (d)  Include in the notice sent pursuant to division         8,204        

(B)(1)(b) of this section, a notice that if either the obligor or  8,205        

obligee fails to comply with the request for information, the      8,206        

agency may bring an action under section 3111.28 of the Revised    8,207        

Code requesting the court to find the obligor and the obligee in   8,209        

contempt pursuant to section 2705.02 of the Revised Code.                       

      (2)  If either the obligor or obligee fails to comply with   8,211        

the request made pursuant to division (B)(1)(c) of this section,   8,212        

                                                          194    

                                                                 
the agency may bring an action under section 3111.28 of the        8,213        

Revised Code in the court of common pleas of the county in which   8,214        

the agency is located requesting the court to issue an order       8,215        

requiring an obligor and obligee to comply with the agency's       8,216        

request for information pursuant to division (B)(1)(c) of this     8,217        

section.  If the obligor or obligee fails to comply with the       8,218        

court order issued pursuant to section 3111.28 of the Revised      8,219        

Code requiring compliance with the administrative request for      8,220        

information, the obligor or obligee is in contempt of court.  In   8,222        

the action brought under section 3111.28 of the Revised Code, the               

agency may request the court to issue an order to require the      8,224        

obligor or obligee to provide the necessary information or to      8,225        

permit the agency to take whatever action is necessary to obtain   8,226        

information and make any reasonable assumptions necessary with     8,227        

respect to the income of INFORMATION the person in contempt DID    8,229        

NOT PROVIDE to ensure a fair and equitable review of the           8,231        

administrative child support order.  If the agency decides to                   

conduct the review based on the reasonable assumptions with        8,232        

respect to the income of INFORMATION the person in contempt DID    8,234        

NOT PROVIDE, it shall proceed in accordance with the rules         8,235        

adopted by the department of human services pursuant to division   8,236        

(A) of this section.                                                            

      (C)(1)  If the agency determines that a modification is      8,238        

necessary and in the best interest of the child who is the         8,239        

subject of the administrative support order, the agency shall      8,240        

calculate the amount the obligor shall pay in accordance with      8,241        

section 3113.215 of the Revised Code.  The agency may not deviate  8,242        

from the guidelines set forth in section 3113.215 of the Revised   8,243        

Code.                                                              8,244        

      (2)  If the agency cannot set the amount of support the      8,246        

obligor shall pay without deviating from the guidelines set forth  8,247        

in section 3113.215 of the Revised Code, the agency shall bring    8,248        

an action under section 2151.231 of the Revised Code on behalf of  8,249        

the person who requested the agency to review the existing         8,250        

                                                          195    

                                                                 
administrative order or if no one requested the review, on behalf  8,251        

of the obligee, in the court of common pleas of the county in      8,252        

which the agency is located requesting the court to issue a        8,253        

support order in accordance with sections 3113.21 to 3113.219 of   8,254        

the Revised Code.                                                  8,255        

      (3)  WHEN IT REVIEWS AN ADMINISTRATIVE SUPPORT ORDER         8,257        

PURSUANT TO THIS SECTION, THE AGENCY SHALL CONSIDER WHETHER THE    8,258        

PROVISION FOR THE CHILD'S HEALTH CARE NEEDS IN THE ADMINISTRATIVE  8,260        

SUPPORT ORDER IS ADEQUATE.  IF THE AGENCY DETERMINES THAT THE      8,261        

ADMINISTRATIVE SUPPORT ORDER DOES NOT PROVIDE ADEQUATELY FOR THE   8,262        

CHILD'S HEALTH CARE NEEDS, THE AGENCY SHALL MODIFY THE ORDER IN    8,263        

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              8,265        

      (D)(1)  If the agency modifies an existing administrative    8,267        

support order, the agency shall provide the obligee and obligor    8,268        

with notice of the change and shall include in the notice a        8,269        

statement that the obligor or obligee may object to the modified   8,270        

administrative support order by initiating an action under         8,271        

section 2151.231 of the Revised Code in the juvenile court of the  8,272        

county in which the mother, the father, the child, or the          8,273        

guardian or custodian of the child resides.                        8,274        

      (2)  IF THE AGENCY MODIFIES AN EXISTING ADMINISTRATIVE       8,277        

SUPPORT ORDER, THE MODIFICATION SHALL RELATE BACK TO THE FIRST     8,278        

DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW                 

BEGAN UNDER DIVISION (B)(1)(a) OF THIS SECTION.                    8,281        

      Sec. 3111.28.  (A)  If an employer, a PAYOR OR A financial   8,290        

institution, an employer that is paying the obligor's workers'     8,291        

compensation benefits, the public employees retirement board, the  8,292        

board, board of trustees, or other governing entity of any         8,293        

municipal retirement system, the board of trustees of the police   8,294        

and firemen's disability and pension fund, the state teachers      8,296        

retirement board, the school employees retirement board, the       8,297        

state highway patrol retirement board, the person paying or        8,298        

otherwise distributing an obligor's income, or the bureau of       8,299        

workers' compensation fails to comply with a withholding or        8,300        

                                                          196    

                                                                 
deduction requirement contained in a withholding or deduction      8,301        

notice issued under section 3111.23 of the Revised Code, the       8,302        

child support enforcement agency that issued the withholding or    8,303        

deduction notice shall request the court to find the employer,     8,304        

PAYOR OR financial institution, employer that is paying the        8,307        

obligor's workers' compensation benefits, public employees         8,308        

retirement board, board, board of trustees, or other governing     8,309        

entity of the municipal retirement system, board of trustees of    8,310        

the police and firemen's disability and pension fund, state        8,311        

teachers retirement board, school employees retirement board,      8,312        

state highway patrol retirement board, person paying or otherwise  8,313        

distributing an obligor's income, or bureau of workers'                         

compensation person in contempt pursuant to section 2705.02 of     8,315        

the Revised Code.                                                               

      (B)  If an obligor or obligee fails to comply with a child   8,317        

support enforcement agency's request for information pursuant to   8,318        

section 3111.27 of the Revised Code, the agency may request the    8,319        

court of common pleas of the county in which the agency is         8,320        

located to issue an order requiring the obligor or obligee to      8,321        

provide the necessary information or to permit the agency to take  8,322        

whatever action is necessary to obtain information and make any    8,323        

reasonable assumptions necessary with respect to the income of     8,324        

the person who failed to comply with the request to ensure a fair  8,325        

and equitable review of the administrative child support order.    8,326        

If the obligor or obligee fails to comply with a court order       8,327        

requiring compliance with the agency's request for information,    8,328        

the obligor or obligee is in contempt of court.  If an obligor or  8,329        

obligee is in contempt of court, the agency may request the court  8,330        

to hold the person who failed to comply in contempt or to permit   8,331        

the agency to take whatever action is necessary to obtain          8,332        

information and make any reasonable assumptions necessary with     8,333        

respect to the income of the person who failed to comply with the  8,334        

request to ensure a fair and equitable review of the               8,335        

administrative child support order.                                8,336        

                                                          197    

                                                                 
      Sec. 3111.37.  (A)  If a married woman is the subject of a   8,345        

non-spousal artificial insemination and if her husband consented   8,346        

to the artificial insemination, the husband shall be treated in    8,347        

law and regarded as the natural father of a child conceived as a   8,348        

result of the artificial insemination, and a child so conceived    8,349        

shall be treated in law and regarded as the natural child of the   8,350        

husband.  A presumption that arises under division (A)(1) or (2)   8,351        

of section 3111.03 of the Revised Code is conclusive with respect  8,352        

to this father and child relationship, and no action OR            8,353        

PROCEEDING under sections 3111.01 to 3111.19 OR SECTION 3111.22    8,355        

of the Revised Code shall affect the relationship.                 8,357        

      (B)  If a woman is the subject of a non-spousal artificial   8,359        

insemination, the donor shall not be treated in law or regarded    8,360        

as the natural father of a child conceived as a result of the      8,361        

artificial insemination, and a child so conceived shall not be     8,362        

treated in law or regarded as the natural child of the donor.  No  8,363        

action OR PROCEEDING under sections 3111.01 to 3111.19 OR SECTION  8,365        

3111.22 of the Revised Code shall affect these consequences.       8,366        

      Sec. 3111.99.  (A)  For purposes of this section,            8,376        

"administrative support order" and "obligor" have the same         8,377        

meaning as in section 3111.20 of the Revised Code.                 8,378        

      (B)  Whoever violates section 3111.29 of the Revised Code    8,380        

is guilty of interfering with the establishment of paternity, a    8,381        

misdemeanor of the first degree.                                   8,382        

      (C)  An obligor who violates division (B)(1)(c) of section   8,385        

3111.23 of the Revised Code shall be fined not more than fifty     8,386        

dollars for a first offense, not more than one hundred dollars                  

for a second offense, and not more than five hundred dollars for   8,387        

each subsequent offense.                                           8,388        

      (D)  An obligor who violates division (E)(2) of section      8,390        

3111.23 of the Revised Code shall be fined not more than fifty     8,391        

dollars for a first offense, not more than one hundred dollars     8,393        

for a second offense, and not more than five hundred dollars for   8,394        

each subsequent offense.                                                        

                                                          198    

                                                                 
      (E)  A fine imposed pursuant to division (C) or (D) of this  8,397        

section shall be paid to the DIVISION OF child support                          

enforcement agency administering the obligor's child support       8,399        

order IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO          8,401        

DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED CODE, THE CHILD  8,402        

SUPPORT ENFORCEMENT AGENCY.  The amount of the fine that does not  8,404        

exceed the amount of arrearage the obligor owes under the                       

administrative support order shall be disbursed in accordance      8,405        

with the support order.  The amount of the fine that exceeds the   8,406        

amount of the arrearage under the support order shall be used by   8,407        

the agency for the administration of its program for child         8,408        

support enforcement CALLED PROGRAM INCOME AND SHALL BE COLLECTED   8,409        

IN ACCORDANCE WITH SECTION 5101.325 OF THE REVISED CODE.                        

      Sec. 3113.04.  (A)  Sentence may be suspended if a person,   8,418        

after conviction under section 2919.21 of the Revised Code and     8,419        

before sentence under that section, appears before the court of    8,420        

common pleas in which the conviction took place and enters into    8,421        

bond to the state in a sum fixed by the court at not less than     8,422        

five hundred nor more than one thousand dollars, with sureties     8,423        

approved by the court, conditioned that the person will furnish    8,424        

the child or other dependent with necessary or proper home, care,  8,425        

food, and clothing, or will pay promptly each week for such        8,426        

purpose to the DIVISION OF child support enforcement agency IN     8,428        

THE DEPARTMENT OF HUMAN SERVICES, a sum to be fixed by the         8,429        

agency.  The child support enforcement agency shall comply with    8,430        

sections 3113.21 to 3113.219 of the Revised Code when it fixes     8,431        

the sum to be paid TO THE DIVISION.                                             

      (B)  Each order for child support made or modified under     8,433        

this section on or after December 31, 1993, shall include as part  8,434        

of the order a general provision, as described in division (A)(1)  8,435        

of section 3113.21 of the Revised Code, requiring the withholding  8,436        

or deduction of wages INCOME or assets of the obligor under the    8,437        

order as described in division (D) of section 3113.21 of the       8,439        

Revised Code or another type of appropriate requirement as         8,440        

                                                          199    

                                                                 
described in division (D)(6)(3), (D)(7)(4) or (H) of that          8,441        

section, to ensure that withholding or deduction from the wages    8,443        

INCOME or assets of the obligor is available from the              8,445        

commencement of the support order for collection of the support    8,446        

and of any arrearages that occur; a statement requiring all        8,447        

parties to the order to notify the child support enforcement       8,448        

agency in writing of their current mailing address, their current  8,449        

residence address, CURRENT RESIDENT TELEPHONE NUMBER, CURRENT      8,450        

DRIVER'S LICENSE NUMBER, and any changes in either address TO      8,451        

THAT INFORMATION, and a notice that the requirement to notify the  8,452        

agency of all changes in either address TO THAT INFORMATION        8,453        

continues until further notice from the court.  If any person      8,455        

required to pay child support under an order made under this       8,456        

section on or after April 15, 1985, or modified on or after        8,457        

December 1, 1986, is found in contempt of court for failure to     8,458        

make support payments under the order, the court that makes the    8,459        

finding, in addition to any other penalty or remedy imposed,       8,460        

shall assess all court costs arising out of the contempt           8,461        

proceeding against the person and require the person to pay any    8,462        

reasonable attorney's fees of any adverse party, as determined by  8,463        

the court, that arose in relation to the act of contempt.          8,464        

      (C)  Notwithstanding section 3109.01 of the Revised Code,    8,466        

if a court issues a child support order under this section, the    8,467        

order shall remain in effect beyond the child's eighteenth         8,468        

birthday as long as the child continuously attends on a full-time  8,469        

basis any recognized and accredited high school, THE CHILD HAS A   8,472        

DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 5123.01 OF THE      8,473        

REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF    8,475        

THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.        8,476        

EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY  8,477        

OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY   8,478        

PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT   8,479        

REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any        8,480        

parent ordered to pay support under a child support order issued   8,482        

                                                          200    

                                                                 
under this section shall continue to pay support under the order,  8,483        

including during seasonal vacation periods, until the order        8,484        

terminates.                                                        8,485        

      Sec. 3113.07.  As used in this section, "executive           8,494        

director" has the same meaning as in section 5153.01 of the        8,495        

Revised Code.                                                      8,496        

      Sentence may be suspended, if a person, after conviction     8,498        

under section 3113.06 of the Revised Code and before sentence      8,499        

thereunder, appears before the court of common pleas in which      8,500        

such conviction took place and enters into bond to the state in a  8,501        

sum fixed by the court at not less than five hundred dollars,      8,502        

with sureties approved by such court, conditioned that such        8,503        

person will pay, so long as the child remains a ward of the        8,504        

county children services board or county department of human       8,505        

services or a recipient of aid pursuant to Chapter 5107. or 5115.  8,507        

of the Revised Code, to the executive director thereof or to a     8,508        

trustee to be named by the court, for the benefit of such                       

department or board or if the child is a recipient of aid          8,509        

pursuant to Chapter 5107. or 5115. of the Revised Code, to the     8,511        

county department of human services, the reasonable cost of        8,512        

keeping such child.  The amount of such costs and the time of                   

payment shall be fixed by the court.                               8,513        

      THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE        8,516        

REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS  8,518        

SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE    8,519        

FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE  8,520        

COURT.                                                                          

      Sec. 3113.21.  (A)(1)  In any action in which support is     8,529        

ordered under Chapter 3115. or under section 2151.23, 2151.231,    8,530        

2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,    8,533        

3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the    8,535        

Revised Code, the court shall require the withholding or           8,536        

deduction of wages INCOME or assets of the obligor in accordance   8,537        

with division (D) of this section or require the issuance of       8,538        

                                                          201    

                                                                 
another type of appropriate court order in accordance with         8,539        

division (D)(6)(3) or (7)(4) or (H) of this section to ensure      8,541        

that withholding or deduction from the wages INCOME or assets of   8,542        

the obligor is available from the commencement of the support      8,544        

order for the collection of the support and any arrearages that    8,545        

occur.  The court shall determine the specific withholding or      8,546        

deduction requirements or other appropriate requirements           8,547        

applicable to the obligor under the support order in accordance    8,548        

with divisions (D) and (H) of this section and section 2301.371    8,549        

of the Revised Code and shall include the specific requirements    8,550        

in the notices described in divisions (A)(2) and (D) of this       8,551        

section or in the court orders described in divisions (A)(2),      8,552        

(D)(6)(3) or (7)(4), and (H) of this section.  Any person          8,553        

required to comply with any withholding or deduction requirement   8,554        

shall determine the manner of withholding or deducting from the    8,555        

specific requirement included in the notices described in those    8,556        

divisions without the need for any amendment to the support        8,557        

order, and any person required to comply with a court order        8,558        

described in division (D)(6)(3), (D)(7)(4), or (H) of this         8,560        

section shall comply with the court order without the need for     8,561        

any amendment to the support order.  The court shall include in    8,562        

any action in which support is ordered as described in division    8,563        

(A)(1) of this section a general provision that states the         8,564        

following:                                                                      

      "All child support and spousal support under this order      8,567        

shall be withheld or deducted from the wages INCOME or assets of   8,568        

the obligor pursuant to a withholding or deduction notice or       8,570        

appropriate court order issued in accordance with section 3113.21  8,571        

of the Revised Code and shall be forwarded to the obligee in       8,572        

accordance with sections 3113.21 to 3113.214 3113.213 of the       8,573        

Revised Code."                                                     8,574        

      (2)  In any action in which support is ordered or modified   8,576        

as described in division (A)(1) of this section, the court shall   8,577        

determine in accordance with divisions (D) and (H) of this         8,578        

                                                          202    

                                                                 
section the types of withholding or deduction requirements or      8,579        

other appropriate requirements that should be imposed relative to  8,580        

the obligor under the support order to collect the support due     8,581        

under the order.  Within fifteen days after the obligor under the  8,582        

support order is located subsequent to the issuance of the         8,583        

support order or within fifteen days after the default under the   8,585        

support order, whichever is applicable, the court or the child     8,586        

support enforcement agency, as determined by agreement of the      8,587        

court and the agency, shall send a notice by regular mail to each  8,588        

person required to comply with a withholding or deduction          8,589        

requirement.  The notice shall specify the withholding or          8,590        

deduction requirement and shall contain all of the information     8,591        

set forth in division (D)(1)(b), OR (2)(b), (3)(b), (4)(b), or     8,593        

(5)(b) of this section that is applicable to the requirement.  If  8,594        

the appropriate requirement is an order of the type described in   8,595        

division (D)(6)(3), (D)(7)(4), or (H) of this section, the court   8,597        

shall issue and send a court order in accordance with that         8,598        

division. The notices and court orders, and the notices provided   8,599        

by the court or child support enforcement agency that require the  8,600        

obligor to notify the agency of any change in the obligor's        8,601        

employment status or of any other change in the status of the      8,602        

obligor's assets, are final and are enforceable by the court.      8,603        

When the court or agency issues a notice, it shall provide the     8,604        

notice to the obligor in accordance with division (D)(1)(c), OR    8,605        

(D)(2)(c), (D)(3)(c), (D)(4)(c), or (D)(5)(c) of this section,     8,607        

whichever is applicable, and shall include with the notice the     8,608        

additional notices described in the particular division that is    8,609        

applicable.                                                                     

      (3)(a)  If support is ordered or modified on or after        8,611        

December 31, 1993, under Chapter 3115. or under section 2151.23,   8,612        

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   8,614        

3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31  8,615        

of the Revised Code, if the court has determined in accordance     8,616        

with division (A)(2) of this section the types of withholding or   8,617        

                                                          203    

                                                                 
deduction requirements or other appropriate requirements that      8,618        

should be imposed relative to the obligor under the support order  8,619        

to collect the support due under the order, if the court or a      8,620        

child support enforcement agency has mailed the appropriate        8,621        

notice to the person required to comply with the withholding or    8,622        

deduction requirements that the court has determined should be     8,623        

imposed or the court has issued and sent a court order described   8,624        

in division (D)(6)(3), (D)(7)(4), or (H) of this section           8,626        

containing the other appropriate requirements that the court       8,627        

determined should be imposed, and if the child support                          

enforcement agency is notified or otherwise determines that the    8,628        

employment status or other circumstances of the obligor have       8,629        

changed and that it is more appropriate to impose another type of  8,630        

or an additional withholding or deduction requirement or another   8,631        

type of or additional court order containing another appropriate   8,632        

requirement, the agency immediately shall comply with section      8,633        

3113.212 of the Revised Code.  The notices and court orders        8,634        

issued under this division and section 3113.212 of the Revised     8,635        

Code, and the notices provided by the court or child support       8,636        

enforcement agency that require the obligor to notify the agency   8,637        

of any change in the obligor's employment status or of any other   8,638        

change in the status of the obligor's assets, are final and are    8,640        

enforceable by the court.                                                       

      (b)  If support has been ordered ALL ORDERS FOR SUPPORT      8,642        

ISSUED prior to December 31, 1993, under Chapter 3115. or under    8,644        

section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18,     8,646        

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    8,647        

or 3113.31 of the Revised Code, if the support order has THAT      8,648        

HAVE not been modified on or after December 31, 1993, if OR        8,649        

SUBJECT TO division (B) of this section has not been applied on    8,650        

or after December 31, 1993, regarding a default under the order,   8,651        

if the support order includes a provision that is substantively    8,652        

comparable to the general provision described in division (A)(1)   8,653        

of this section that must be included in all support orders        8,654        

                                                          204    

                                                                 
issued or modified on or after December 31, 1993, and if the       8,655        

child support enforcement agency is notified or otherwise          8,656        

determines that the employment status or other circumstances of    8,657        

the obligor under the support order have changed so that it is     8,658        

appropriate to impose a withholding or deduction requirement or    8,659        

another type of or additional appropriate requirement as           8,660        

described in division (D) of this section to collect the support   8,661        

due under the order, the agency shall comply with section          8,662        

3113.212 of the Revised Code as if the support order had been      8,663        

issued or modified on or after December 31, 1993, and as if it     8,664        

included the general provision described in division (A)(1) of     8,665        

this section that must be included in all support orders issued    8,666        

or modified on or after that date.  The notices and court orders   8,667        

issued under this provision and section 3113.212 of the Revised    8,668        

Code, and the notices provided by the court or child support       8,669        

enforcement agency that require the obligor to notify the agency   8,670        

of any change in the obligor's employment status or of any other   8,671        

change in the status of the obligor's assets, are final and are    8,672        

enforceable by the court.                                                       

      (c)  If support has been ordered prior to December 31,       8,674        

1993, under Chapter 3115. or under section 2151.23, 2151.33,       8,675        

2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,     8,676        

3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if     8,677        

the support order has not been modified on or after December 31,   8,678        

1993, if division (B) of this section has not been applied on or   8,679        

after December 31, 1993, regarding a default under the order, if   8,680        

the support order does not include a provision that is             8,681        

substantively comparable to the general provision described in     8,682        

division (A)(1) of this section that must be included in all       8,683        

support orders issued or modified on or after December 31, 1993,   8,684        

and if the child support enforcement agency is notified or         8,685        

otherwise determines that the employment status or other           8,686        

circumstances of the obligor under the support order have changed  8,687        

so that it is appropriate to impose a withholding or deduction     8,688        

                                                          205    

                                                                 
requirement or another type of or additional appropriate           8,689        

requirement as described in division (D) of this section to        8,690        

collect the support due under the order, the agency may request    8,691        

the court to reissue the support order in question to be           8,692        

identical to the support order except for a general provision as   8,693        

described in division (A) of this section requiring the            8,694        

withholding or deduction of wages or assets of the obligor in      8,695        

accordance with division (D) of this section or requiring the      8,696        

issuance of a court order containing another type of appropriate   8,697        

requirement in accordance with division (D)(6), (D)(7), or (H) of  8,698        

this section to ensure that withholding or deduction from the      8,699        

wages or assets of the obligor is available for the collection of  8,700        

current support and any arrearages that occur.  Upon the receipt   8,701        

of a request from an agency, the court may reissue the order in    8,702        

accordance with this division.  If the court reissues the order,   8,703        

the general provision for the withholding or deduction of wages    8,704        

or assets to be included in the reissued support order             8,705        

specifically shall include the statement prescribed in division    8,706        

(B)(1) of this section.  Except for the inclusion of the general   8,707        

provision, the provisions of a reissued order under this division  8,708        

shall be identical to the support order in question, and the       8,709        

court or child support enforcement agency shall issue one or more  8,710        

notices requiring withholding or deduction of wages or assets of   8,711        

the obligor in accordance with divisions (A)(2) and (D) of this    8,712        

section, or the court shall issue one or more court orders         8,713        

imposing other appropriate requirements in accordance with         8,714        

division (A)(2) and division (D)(6), (D)(7), or (H) of this        8,715        

section.  The notices shall be mailed within fifteen days after    8,716        

the obligor under the support order is located or within fifteen   8,717        

days after the default under the support order, whichever is       8,718        

applicable.  Thereafter, section 3113.212 of the Revised Code      8,719        

applies to the issuance of notices and court orders under those    8,720        

divisions with respect to that support order.  The notices and     8,721        

court orders issued under this division and section 3113.212 of    8,722        

                                                          206    

                                                                 
the Revised Code, and the notices provided by the court or child   8,723        

support enforcement agency that require the obligor to notify the  8,724        

agency of any change in the obligor's employment status or of any  8,725        

other change in the status of the obligor's assets, are final and  8,726        

are enforceable by the court THAT DATE SHALL BE CONSIDERED TO      8,727        

CONTAIN THE GENERAL PROVISION DESCRIBED IN DIVISION (A)(1) OF      8,728        

THIS SECTION AND SHALL BE ENFORCED AND MODIFIED IN THE SAME                     

MANNER AS AN ORDER FOR SUPPORT ISSUED ON OR AFTER DECEMBER 31,     8,730        

1993.                                                              8,731        

      (4)  The department of human services shall adopt standard   8,733        

forms for the support withholding and deduction notices that are   8,734        

prescribed by divisions (A)(1) to (3) and (B) of this section.     8,735        

All courts and child support enforcement agencies shall use the    8,736        

forms in issuing withholding and deduction notices in compliance   8,737        

with this section.                                                 8,738        

      (B)(1)(a)  In any action in which support is ordered under   8,740        

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        8,741        

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     8,743        

3111.13, 3111.20, 3111.21 3111.211, 3111.22, 3113.04, 3113.07,     8,744        

3113.216, or 3113.31 of the Revised Code and in which there has    8,745        

been a default under the order, the court shall comply with        8,746        

divisions (B)(1) to (6) of this section.                           8,747        

      If the support was ordered prior to December 31, 1993, or    8,749        

pursuant to section 3111.20, 3111.21 3111.211, or 3111.22 of the   8,750        

Revised Code, the court THAT ISSUED THE ORDER, OR IN THE CASE OF   8,753        

AN ORDER PURSUANT TO SECTION 3111.20, 3111.211, OR 3111.22 OF THE  8,754        

REVISED CODE, THE COMMON PLEAS COURT OF THE COUNTY IN WHICH THE    8,755        

CHILD SUPPORT ENFORCEMENT AGENCY THAT ISSUED THE ORDER IS          8,756        

LOCATED, shall reissue the support order under which there has                  

been a default and shall include in the reissued order a general   8,758        

provision as described in this division requiring the withholding  8,759        

or deduction of wages INCOME or assets of the obligor in           8,760        

accordance with division (D) of this section or requiring the      8,762        

issuance of a court order containing another type of appropriate   8,763        

                                                          207    

                                                                 
requirement in accordance with division (D)(6)(3), (D)(7)(4), or   8,765        

(H) of this section to ensure that withholding or deduction from   8,766        

the wages INCOME or assets is available for the collection of      8,768        

current support and any arrearages that occur. If the support was  8,770        

ordered pursuant to section 3111.20, 3111.21 3111.211, or 3111.22  8,772        

of the Revised Code and the support order includes a general       8,773        

provision similar to the one described in this division, the       8,775        

court shall replace the similar general provision with the                      

general provision described in this division.  Except for the      8,776        

inclusion or replacement of the general provision, the provisions  8,778        

of the reissued order required under this division shall be        8,779        

identical to those of the support order under which there has      8,780        

been a default.                                                                 

      Regardless of when the support was ordered, when WHEN        8,782        

support has been ordered under any chapter or section described    8,783        

in this division, the child support enforcement agency shall       8,784        

initiate support withholding when the order is in default.         8,785        

Immediately after the identification of a default under the        8,786        

support order, the child support enforcement agency shall conduct  8,788        

the investigation described in division (B)(1)(b) of this          8,789        

section.  Additionally, within fifteen calendar days after the     8,790        

identification of a default under the support order, the child     8,791        

support enforcement agency shall investigate the default and, IF   8,792        

IT IS BEFORE JULY 1, 1999, SEND ADVANCE NOTICE TO THE OBLIGOR.     8,793        

ON AND AFTER THAT DATE, THE DIVISION OF CHILD SUPPORT IN THE       8,795        

DEPARTMENT OF HUMAN SERVICES SHALL send THE advance notice to the  8,796        

obligor.  The advance notice shall include a notice describing     8,797        

the actions that may be taken against the obligor pursuant to      8,798        

sections 2301.353, 2301.373 and, 2301.374, 2301.375, AND 2301.42   8,800        

TO 2301.45 of the Revised Code if the court or agency makes a      8,803        

final and enforceable determination that the obligor is in                      

default pursuant to this division.  If the location of the         8,805        

obligor is unknown at the time of the identification of a default  8,806        

under the support order, the agency DIVISION shall send the        8,807        

                                                          208    

                                                                 
advance notice to the obligor within fifteen days after the        8,809        

agency locates the obligor.  The general provision for the         8,810        

withholding or deduction of wages INCOME or assets to be included  8,812        

in the reissued support order specifically shall include the       8,813        

following statement:                                                            

      "All child support and spousal support under this order      8,816        

shall be withheld or deducted from the wages INCOME or assets of   8,817        

the obligor pursuant to a withholding or deduction notice or       8,819        

appropriate court order issued in accordance with section 3113.21  8,820        

of the Revised Code and shall be forwarded to the obligee in                    

accordance with sections 3113.21 to 3113.214 3113.213 of the       8,821        

Revised Code."                                                     8,822        

      (b)  After the identification of a default under a support   8,824        

order as described in division (B)(1)(a) of this section, the      8,825        

child support enforcement agency immediately shall conduct an      8,826        

investigation to determine the employment status of the obligor,   8,827        

the obligor's social security number, the name and business        8,828        

address of the obligor's employer, whether the obligor is in       8,829        

default under a support order, the amount of any arrearages, and   8,830        

any other information necessary to enable the court or agency to   8,831        

impose any withholding or deduction requirements and issue the     8,832        

related notices described in division (D) of this section or to    8,833        

issue any court orders described in division (D)(6)(3) or (7)(4)   8,835        

of this section.  The agency also shall conduct an investigation   8,836        

under this division when required by division (C)(1)(a) or (b) of  8,837        

this section, shall complete the investigation within twenty days  8,838        

after the obligor or obligee files the motion with the court       8,839        

under division (C)(1)(a) of this section or the court orders the   8,840        

investigation under division (C)(1)(b) of this section, and shall  8,841        

conduct an investigation under this division when required by      8,842        

section 3113.214 of the Revised Code.                              8,843        

      (2)  An advance notice to an obligor required by division    8,845        

(B)(1) of this section shall contain all of the following:         8,846        

      (a)  A statement of the date on which the advance notice is  8,848        

                                                          209    

                                                                 
sent, the amount of arrearages owed by the obligor as determined   8,849        

by the court or the child support enforcement agency, the types    8,850        

of withholding or deduction requirements and related notices       8,851        

described in division (D) of this section or the types of court    8,852        

orders described in division (D)(6)(3), (D)(7)(4), or (H) of this  8,854        

section that will be issued to pay support and any arrearages,     8,855        

and the amount that will be withheld or deducted pursuant to       8,856        

those requirements;                                                8,857        

      (b)  A statement that any notice for the withholding or      8,859        

deduction of an amount from personal earnings or other income or   8,860        

assets apply to all CURRENT AND subsequent employers PAYORS of     8,862        

the obligor, AND financial institutions in which the obligor has   8,863        

an account, and other persons or entities who pay or distribute    8,864        

income to the obligor and that any withholding or deduction        8,865        

requirement and related notice described in division (D) of this   8,866        

section or any court order described in division (D)(6)(3),        8,868        

(D)(7)(4), or (H) of this section that is issued will not be       8,869        

discontinued solely because the obligor pays any arrearages;       8,870        

      (c)  An explanation of the administrative and court action   8,872        

that will take place if the obligor contests the inclusion of any  8,873        

of the provisions;                                                 8,874        

      (d)  A statement that the contents of the advance notice     8,876        

are final and are enforceable by the court unless the obligor      8,877        

files with the child support enforcement agency, within seven      8,878        

days after the date on which the advance notice is sent, a         8,879        

written request for an administrative hearing to determine if a    8,880        

mistake of fact was made in the notice.                            8,881        

      (3)  If the obligor requests a hearing regarding the         8,883        

advance notice in accordance with division (B)(2)(d) of this       8,884        

section, the child support enforcement agency shall conduct an     8,885        

administrative hearing no later than ten days after the date on    8,886        

which the obligor files the request for the hearing.  No later     8,887        

than five days before the date on which the hearing is to be       8,888        

conducted, the agency shall send the obligor and the obligee       8,889        

                                                          210    

                                                                 
written notice of the date, time, place, and purpose of the        8,890        

hearing.  The notice to the obligor and obligee also shall         8,891        

indicate that the obligor may present testimony and evidence at    8,892        

the hearing only in regard to the issue of whether a mistake of    8,893        

fact was made in the advance notice.                               8,894        

      At the hearing, the child support enforcement agency shall   8,896        

determine whether a mistake of fact was made in the advance        8,897        

notice.  If it determines that a mistake of fact was made, the     8,898        

agency shall determine the provisions that should be changed and   8,899        

included in a corrected notice and shall correct the advance       8,900        

notice accordingly.  The agency shall send its determinations to   8,901        

the obligor.  The agency's determinations are final and are        8,902        

enforceable by the court unless, within seven days after the       8,903        

agency makes it ITS determinations, the obligor files a written    8,904        

motion with the court for a court hearing to determine if a        8,905        

mistake of fact still exists in the advance notice or corrected    8,906        

advance notice.                                                    8,907        

      (4)  If, within seven days after the agency makes its        8,909        

determinations under division (B)(3) of this section, the obligor  8,910        

files a written motion for a court hearing to determine if a       8,911        

mistake of fact still exists in the advance notice or the          8,912        

corrected advance notice, the court shall hold a hearing on the    8,913        

request as soon as possible, but no later than ten days, after     8,914        

the request is filed.  If the obligor requests a court hearing,    8,915        

no later than five days before the date on which the court         8,916        

hearing is to be held, the court shall send the obligor and the    8,917        

obligee written notice by ordinary mail of the date, time, place,  8,918        

and purpose of the court hearing.  The hearing shall be limited    8,919        

to a determination of whether there is a mistake of fact in the    8,920        

advance notice or the corrected advance notice.                    8,921        

      If, at a hearing conducted under this division, the court    8,923        

detects a mistake of fact in the advance notice or the corrected   8,924        

advance notice, it immediately shall correct the notice.           8,925        

      (5)  Upon exhaustion of all rights of the obligor to         8,927        

                                                          211    

                                                                 
contest the withholding or deduction on the basis of a mistake of  8,928        

fact and no later than the expiration of forty-five days after     8,929        

the issuance of the advance notice under division (B)(1) of this   8,930        

section, the court or child support enforcement agency shall       8,931        

issue one or more notices requiring withholding or deduction of    8,932        

wages INCOME or assets of the obligor in accordance with           8,933        

divisions (A)(2) and (D) of this section, or the court shall       8,935        

issue one or more court orders imposing other appropriate          8,936        

requirements in accordance with division (A)(2) and division       8,937        

(D)(6)(3), (D)(7)(4), or (H) of this section.  Thereafter,         8,939        

section 3113.212 of the Revised Code applies in relation to the    8,940        

issuance of the notices and court orders.  The notices and court   8,941        

orders issued under this division or section 3113.212 of the       8,942        

Revised Code are final and are enforceable by the court.  The      8,943        

court or agency shall send to the obligor by ordinary mail a copy  8,944        

of the withholding or deduction notice, in accordance with         8,945        

division (D) of this section.  The failure of the court or agency  8,946        

to give the notice required by this division does not affect the   8,947        

ability of any court to issue any notice or order under this       8,948        

section or any other section of the Revised Code for the payment   8,949        

of support, does not provide any defense to any notice or order    8,950        

for the payment of support that is issued under this section or    8,951        

any other section of the Revised Code, and does not affect any     8,952        

obligation to pay support.                                                      

      (6)  The department of human services shall adopt standard   8,954        

forms for the advance notice prescribed by divisions (B)(1) to     8,955        

(5) of this section.  All courts and child support enforcement     8,956        

agencies shall use those forms, and the support withholding and    8,957        

deduction notice forms adopted under division (A)(4) of this       8,958        

section, in complying with this section.                           8,959        

      (C)(1)  In any action in which support is ordered under      8,961        

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        8,962        

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     8,964        

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     8,966        

                                                          212    

                                                                 
Code, all of the following apply:                                               

      (a)  The obligor or obligee under the order may file a       8,968        

motion with the court that issued the order requesting the         8,969        

issuance of one or more withholding or deduction notices as        8,970        

described in division (D) of this section to pay the support due   8,971        

under the order.  The motion may be filed at any time after the    8,972        

support order is issued.  Upon the filing of a motion pursuant to  8,973        

this division, the child support enforcement agency immediately    8,974        

shall conduct, and shall complete within twenty days after the     8,975        

motion is filed, an investigation in accordance with division      8,976        

(B)(1)(b) of this section.  Upon the completion of the             8,977        

investigation and the filing of the agency's report under          8,978        

division (B)(1)(b) of this section, the court shall issue one or   8,979        

more appropriate orders described in division (D) of this          8,980        

section.                                                           8,981        

      (b)  If any proceedings involving the support order that     8,983        

was issued before, on, or after December 1, 1986, are commenced    8,984        

in the court and if the court prior to the effective date of this  8,985        

amendment has not issued any orders under division (D) of this     8,986        

section AS IT EXISTED PRIOR TO DECEMBER 31, 1993, with respect to  8,988        

the support order, if the court determines that any orders issued  8,989        

prior to the effective date of this amendment under division (D)   8,990        

of this section AS IT EXISTED PRIOR TO DECEMBER 31, 1993, no       8,991        

longer are appropriate, if the court on or after the effective     8,992        

date of this amendment DECEMBER 31, 1993 has not modified or       8,993        

reissued the support order under division (A) or (B) of this       8,995        

section and issued any notices under division (D) or court orders  8,996        

under division (D)(6)(3) or (7)(4) of this section, or if the      8,998        

court on or after the effective date of this amendment DECEMBER    8,999        

31, 1993 has modified or reissued the support order under          9,000        

division (A) or (B) of this section and issued one or more         9,001        

notices under division (D) or one or more court orders under       9,002        

division (D)(6)(3) or (7)(4) of this section but determines that   9,004        

the notices or court orders no longer are appropriate, the court,  9,005        

                                                          213    

                                                                 
prior to or during any hearings held with respect to the           9,006        

proceedings and prior to the conclusion of the proceedings, shall  9,007        

order the child support enforcement agency to conduct an           9,008        

investigation pursuant to division (B)(1)(b) of this section.      9,009        

Upon the filing of the findings of the agency following the        9,010        

investigation, the court, as necessary, shall issue one or more    9,011        

notices described in division (D) or one or more court orders      9,012        

described in division (D)(6)(3) or (7)(4) of this section or       9,014        

modify any notices previously issued under division (D) or any     9,015        

court orders previously issued under division (D)(6)(3) or (7)(4)  9,017        

of this section.                                                                

      (c)(i)  If a child support enforcement agency, in            9,019        

accordance with section 3113.216 of the Revised Code, requests     9,020        

the court to issue a revised child support order in accordance     9,021        

with a revised amount of child support calculated by the agency,   9,022        

the court shall proceed as described in this division.  If         9,023        

neither the obligor nor the obligee requests a court hearing on    9,024        

the revised amount of child support, the court shall issue a       9,025        

revised child support order requiring the obligor to pay the       9,026        

revised amount of child support calculated by the agency.          9,027        

However, if the obligor or the obligee requests a court hearing    9,028        

on the revised amount of child support calculated by the agency,   9,029        

the court, in accordance with division (C)(1)(c)(ii) of this       9,030        

section, shall schedule and conduct a hearing to determine if the  9,031        

revised amount of child support is the appropriate amount and if   9,032        

the amount of child support being paid under the child support     9,033        

order otherwise should be revised.                                 9,034        

      (ii)  If the court is required to schedule and conduct a     9,036        

hearing pursuant to division (C)(1)(c)(i) of this section, the     9,037        

court shall give the obligor, obligee, and agency at least thirty  9,038        

days' notice of the date, time, and location of the hearing;       9,039        

order the obligor to provide the court with a copy of the          9,040        

obligor's federal income tax return from the previous year, a      9,041        

copy of all pay stubs obtained by the obligor within the           9,042        

                                                          214    

                                                                 
preceding six months, and a copy of all other records evidencing   9,043        

the receipt of any other salary, wages, or compensation by the     9,044        

obligor within the preceding six months, A LIST OF THE GROUP       9,045        

HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS    9,046        

AVAILABLE TO THE OBLIGOR AND THEIR COSTS, AND THE CURRENT HEALTH   9,047        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH     9,048        

THE OBLIGOR IS ENROLLED AND ITS COST, if the obligor failed to     9,049        

provide any of those documents to the agency, and order the        9,050        

obligee to provide the court with a copy of the obligee's federal  9,051        

income tax return from the previous year, a copy of all pay stubs  9,052        

obtained by the obligee within the preceding six months, and a     9,053        

copy of all other records evidencing the receipt of any other      9,054        

salary, wages, or compensation by the obligee within the           9,055        

preceding six months, A LIST OF THE GROUP HEALTH INSURANCE AND     9,056        

HEALTH CARE POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE        9,057        

OBLIGEE AND THEIR COSTS, AND THE CURRENT HEALTH INSURANCE OR       9,058        

HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS   9,059        

ENROLLED AND ITS COST, if the obligee failed to provide any of     9,060        

those documents to the agency; give the obligor and the obligee    9,061        

notice that any willful failure to comply with that court order    9,062        

is contempt of court and, upon a finding by the court that the     9,063        

party is in contempt of court, the court and the agency will take  9,064        

any action necessary to obtain the information or make any         9,065        

reasonable assumptions necessary with respect to the income of     9,066        

INFORMATION the person in contempt of court DID NOT PROVIDE to     9,068        

ensure a fair and equitable review of the child support order;     9,070        

issue a revised child support order requiring the obligor to pay   9,071        

the revised amount of child support calculated by the agency, if   9,072        

the court determines at the hearing that the revised amount of     9,073        

child support calculated by the agency is the appropriate amount;  9,074        

and determine the appropriate amount of child support and, if      9,075        

necessary, issue a revised child support order requiring the       9,076        

obligor to pay the amount of child support determined by the       9,077        

court, if the court determines that the revised amount of child    9,078        

                                                          215    

                                                                 
support calculated by the agency is not the appropriate amount.    9,079        

      (iii)  In determining, at a hearing conducted under          9,081        

divisions (C)(1)(c)(i) and (ii) of this section, the appropriate   9,082        

amount of child support to be paid by the obligor, the court       9,083        

shall consider, in addition to all other factors required by law   9,084        

to be considered, THE APPROPRIATE PERSON, WHETHER IT IS THE        9,085        

OBLIGOR, OBLIGEE, OR BOTH, TO BE REQUIRED IN ACCORDANCE WITH       9,086        

SECTION 3113.217 OF THE REVISED CODE TO PROVIDE HEALTH INSURANCE   9,087        

COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER, AND the cost of  9,088        

health insurance which the obligor, the obligee, or both the       9,089        

obligor and the obligee have been ordered IN ACCORDANCE WITH       9,090        

SECTION 3113.217 OF THE REVISED CODE to obtain for the children    9,091        

specified in the order.                                                         

      (d)  On or after July 1, 1990, the court shall issue any     9,093        

order required by section 3113.217 of the Revised Code.            9,094        

      (e)(i)  On or after July 1, 1990, an AN obligee under a      9,096        

child support order may file a motion with the court that issued   9,098        

the order requesting the court to modify the order to require the  9,099        

obligor to obtain health insurance coverage for the children who   9,100        

are the subject of the order, and on or after July 1, 1990, an     9,101        

obligor under a child support order may file a motion with the     9,102        

court that issued the order requesting the court to modify the     9,103        

order to require the obligee to obtain health insurance coverage   9,104        

for those children.  Upon the filing of such a motion, the court   9,105        

shall order the child support enforcement agency to conduct an     9,106        

investigation to determine whether the obligor or obligee has      9,107        

satisfactory health insurance coverage for the children.  Upon     9,108        

completion of its investigation, the agency shall inform the       9,109        

court, in writing, of its determination.  If the court determines  9,110        

that neither the obligor nor the obligee has satisfactory health   9,111        

insurance coverage for the children, it shall issue an order       9,112        

MODIFY THE CHILD SUPPORT ORDER in accordance with section          9,114        

3113.217 of the Revised Code.                                                   

      (ii)  On or after July 1, 1990, an AN obligor or obligee     9,116        

                                                          216    

                                                                 
under a child support order may file a motion with the court that  9,117        

issued the order requesting the court to modify the amount of      9,118        

child support required to be paid under the order because that     9,119        

amount does not adequately cover the medical needs of the child.   9,120        

Upon the filing of such a motion, the court shall determine        9,121        

whether the amount of child support required to be paid under the  9,122        

order adequately covers the medical needs of the child and         9,123        

whether to modify the order, in accordance with division (B)(4)    9,124        

of section 3113.215 of the Revised Code.                           9,125        

      (f)(e)  Whenever a court modifies, reviews, or otherwise     9,127        

reconsiders a child support order, it may reconsider which parent  9,128        

may claim the children who are the subject of the child support    9,129        

order as dependents for federal income tax purposes as set forth   9,130        

in section 151 of the "Internal Revenue Code of 1986," 100 Stat.   9,131        

2085, 26 U.S.C. 1, as amended, and shall issue its determination   9,132        

on this issue as part of the child support order.  The court in    9,133        

its order may permit the parent who is not the residential parent  9,134        

and legal custodian to claim the children as dependents for        9,135        

federal income tax purposes only if the payments for child         9,136        

support are current in full as ordered by the court for the year   9,137        

in which the children will be claimed as dependents.  If the       9,138        

court determines that the parent who is not the residential        9,139        

parent and legal custodian may claim the children as dependents    9,140        

for federal income tax purposes, it shall order the residential    9,141        

parent to take whatever action is necessary pursuant to section    9,142        

152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26     9,143        

U.S.C. 1, as amended, to enable the parent who is not the          9,144        

residential parent and legal custodian to claim the children as    9,145        

dependents for federal income tax purposes in accordance with the  9,146        

order of the court.  Any willful failure of the residential        9,147        

parent to comply with the order of the court is contempt of        9,148        

court.                                                             9,149        

      (g)  If the order is a child support order issued on or      9,151        

after July 1, 1990, or if the order modifies, on or after July 1,  9,152        

                                                          217    

                                                                 
1990, a prior child support order (f)   WHEN ISSUING OR MODIFYING  9,154        

A CHILD SUPPORT ORDER, the court shall include in the order all    9,155        

of the requirements, specifications, and statements described in   9,156        

division (B) of section 3113.218 of the Revised Code.  IF THE      9,158        

OBLIGOR OR OBLIGEE DOES NOT REQUEST A COURT HEARING ON THE         9,159        

REVISED AMOUNT OF CHILD SUPPORT DETERMINED BY THE AGENCY AND       9,160        

FILED WITH THE COURT PURSUANT TO SECTION 3113.216 OF THE REVISED   9,161        

CODE AND THE COURT MODIFIES THE ORDER TO INCLUDE THE REVISED       9,163        

AMOUNT PURSUANT TO DIVISION (C)(1)(c)(i) OF THIS SECTION, THE      9,164        

MODIFICATION SHALL RELATE BACK TO THE FIRST DAY OF THE MONTH       9,165        

FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW OF THE CHILD        9,167        

SUPPORT ORDER BEGAN PURSUANT TO DIVISION (C)(1)(a) OF SECTION      9,168        

3113.216 OF THE REVISED CODE.  IF THE OBLIGOR OR OBLIGEE REQUESTS  9,171        

A COURT HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT PURSUANT    9,172        

TO THIS SECTION AND SECTION 3113.216 OF THE REVISED CODE AND THE   9,175        

COURT, AFTER CONDUCTING A HEARING, MODIFIES THE CHILD SUPPORT      9,176        

AMOUNT UNDER THE ORDER, THE MODIFICATION SHALL RELATE BACK TO THE  9,177        

FIRST DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE     9,178        

REVIEW OF THE CHILD SUPPORT ORDER BEGAN PURSUANT TO DIVISION       9,180        

(C)(1)(A) OF SECTION 3113.216 OF THE REVISED CODE.                 9,181        

      (2)  In any action in which a support order is issued, on    9,183        

or after December 1, 1986, under Chapter 3115. or under section    9,184        

2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18,   9,186        

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    9,189        

or 3113.31 of the Revised Code, the court issuing the order also   9,190        

shall conduct a hearing, prior to or at the time of the issuance   9,191        

of the support order, to determine the employment status of the    9,192        

obligor, the obligor's social security number, the name and        9,193        

business address of the obligor's employer, and any other          9,194        

information necessary to enable the court or a child support       9,195        

enforcement agency to issue any withholding or deduction notice    9,196        

described in division (D) of this section or for the court to      9,197        

issue a court order described in division (D)(6)(3) or (7)(4) of   9,199        

this section.  The court, prior to the hearing, shall give the     9,201        

                                                          218    

                                                                 
obligor notice of the hearing that shall include the date on                    

which the notice is given and notice that the obligor is subject   9,202        

to a requirement for the withholding of a specified amount from    9,203        

personal earnings INCOME if employed and to one or more other      9,204        

types of withholding or deduction requirements described in        9,205        

division (D) or one or more types of court orders described in     9,206        

division (D)(6)(3) or (7)(4) of this section and that the obligor  9,208        

may present evidence and testimony at the hearing to prove that    9,209        

any of the requirements would not be proper because of a mistake   9,210        

of fact.                                                           9,211        

      The court or child support enforcement agency, immediately   9,213        

upon the court's completion of the hearing, shall issue one or     9,214        

more of the types of notices described in division (D) of this     9,215        

section imposing a withholding or deduction requirement, or the    9,216        

court shall issue one or more types of court orders described in   9,217        

division (D)(6)(3) or (7)(4) of this section.                      9,218        

      (D)  If a court or child support enforcement agency is       9,220        

required under division (A), (B), or (C) of this section or any    9,221        

other section of the Revised Code to issue one or more             9,222        

withholding or deduction notices described in this division or     9,223        

court orders described in division (D)(6)(3) or (7)(4) of this     9,225        

section, the court shall issue one or more of the following types  9,226        

of notices or court orders, or the agency shall issue one or more  9,227        

of the following types of notices to pay the support required      9,228        

under the support order in question and also, if required by any   9,229        

of those divisions, any other section of the Revised Code, or the  9,230        

court, to pay any arrearages:                                      9,231        

      (1)(a)  If the court or the child support enforcement        9,233        

agency determines that the obligor is employed RECEIVING INCOME    9,234        

FROM A PAYOR, the court or agency shall require the obligor's      9,236        

employer PAYOR to withhold from the obligor's personal earnings    9,238        

INCOME a specified amount for support in satisfaction of the       9,240        

support order, to begin the withholding no later than the first    9,241        

pay period that occurs after fourteen working days following the   9,242        

                                                          219    

                                                                 
date the notice was mailed to the employer under divisions (A)(2)  9,243        

or (B) and (D)(1)(b) of this section, to send the amount withheld  9,244        

to the DIVISION OF child support enforcement agency designated     9,245        

for that county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to    9,246        

section 2301.35 5101.325 of the Revised Code, to send that amount  9,248        

to the agency DIVISION immediately but not later than ten SEVEN    9,250        

days after the date the obligor is paid, and to continue the       9,251        

withholding at intervals specified in the notice until further     9,252        

notice from the court or CHILD SUPPORT ENFORCEMENT agency.  To     9,253        

the extent possible, the amount specified in the notice to be      9,255        

withheld shall satisfy the amount ordered for support in the       9,256        

support order plus any arrearages that may be owed by the obligor  9,257        

under any prior support order that pertained to the same child or  9,258        

spouse, notwithstanding the limitations of sections 2329.66,       9,259        

2329.70, 2716.02, and 2716.05 of the Revised Code.  However, in    9,260        

no case shall the sum of the amount specified in the notice to be  9,261        

withheld and any fee withheld by the employer PAYOR as a charge    9,263        

for its services exceed the maximum amount permitted under         9,264        

section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.  9,265        

1673(b).                                                                        

      (b)  If the court or agency imposes a withholding            9,267        

requirement under division (D)(1)(a) of this section, it, within   9,268        

the applicable period of time specified in division (A), (B), or   9,269        

(C) of this section, shall send to the obligor's employer PAYOR    9,270        

by regular mail a notice that contains all of the information set  9,272        

forth in divisions (D)(1)(b)(i) to (xi) of this section.  The      9,273        

notice is final and is enforceable by the court.  The notice       9,274        

shall contain all of the following:                                9,275        

      (i)  The amount to be withheld from the obligor's wages      9,277        

INCOME and a statement that the amount actually withheld for       9,279        

support and other purposes, including the fee described in         9,280        

division (D)(1)(b)(xi) of this section, shall not be in excess of  9,281        

the maximum amounts permitted under section 303(b) of the          9,282        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b);               9,283        

                                                          220    

                                                                 
      (ii)  A statement that the employer PAYOR is required to     9,285        

send the amount withheld to the DIVISION OF child support          9,287        

enforcement agency immediately, but not later than ten SEVEN       9,289        

working days, after the obligor is paid by the employer and is     9,291        

required to report to the agency the date on which the amount was  9,292        

withheld from the obligor's wages INCOME;                          9,293        

      (iii)  A statement that the withholding is binding upon the  9,295        

employer PAYOR until further notice from the agency;               9,296        

      (iv)  A statement that IF the PAYOR IS AN employer, THE      9,299        

PAYOR is subject to a fine to be determined under the law of this  9,300        

state for discharging the obligor from employment, refusing to     9,301        

employ the obligor, or taking any disciplinary action against the  9,302        

obligor because of the withholding requirement;                    9,303        

      (v)  A statement that, if the employer PAYOR fails to        9,305        

withhold wages INCOME in accordance with the provisions of the     9,306        

notice, the employer PAYOR is liable for the accumulated amount    9,308        

the employer PAYOR should have withheld from the obligor's wages   9,310        

INCOME;                                                                         

      (vi)  A statement that the withholding in accordance with    9,312        

the notice and under the provisions of this section has priority   9,313        

over any other legal process under the law of this state against   9,314        

the same wages INCOME;                                             9,315        

      (vii)  The date on which the notice was mailed and a         9,317        

statement that the employer PAYOR is required to implement the     9,318        

withholding no later than the first pay period that occurs after   9,319        

fourteen working days following the date the notice was mailed     9,320        

and is required to continue the withholding at the intervals       9,321        

specified in the notice;                                           9,322        

      (viii)  A requirement that the employer PAYOR promptly       9,324        

notify the child support enforcement agency, in writing, within    9,326        

ten working days after the date of any termination of the          9,327        

obligor's employment, any layoff of the obligor, any leave of      9,328        

absence of the obligor without pay, or any other situation THAT    9,329        

OCCURS INCLUDING, TERMINATION OF EMPLOYMENT, LAYOFF OF THE         9,330        

                                                          221    

                                                                 
OBLIGOR FROM EMPLOYMENT, ANY LEAVE OF ABSENCE OF THE OBLIGOR FROM  9,331        

EMPLOYMENT WITHOUT PAY, TERMINATION OF WORKERS' COMPENSATION       9,332        

BENEFITS, OR TERMINATION OF ANY PENSION, ANNUITY, ALLOWANCE, OR    9,333        

RETIREMENT BENEFIT, in which the employer PAYOR ceases to pay      9,335        

personal earnings INCOME in an amount sufficient to comply with    9,337        

the order to the obligor, provide the agency with the obligor's    9,338        

last known address, notify the agency of the obligor's ANY new     9,339        

employer OR INCOME SOURCE, if known, and provide the agency with   9,340        

the ANY new employer's OR INCOME SOURCE'S name, address, and       9,341        

telephone number, if known;                                        9,342        

      (ix)  A requirement that, IF the PAYOR IS AN employer,       9,345        

identify in the notification given under division (D)(1)(b)(viii)  9,346        

of this section any types of benefits other than personal          9,347        

earnings that the obligor is receiving or is eligible to receive   9,348        

as a benefit of employment or as a result of the obligor's         9,349        

termination of employment, including, but not limited to,          9,350        

unemployment compensation, workers' compensation benefits,         9,351        

severance pay, sick leave, lump-sum payments of retirement         9,352        

benefits or contributions, and bonuses or profit-sharing payments  9,353        

or distributions, and the amount of such benefits, and include in  9,354        

the notification the obligor's last known address and telephone    9,355        

number, date of birth, social security number, and court case      9,356        

number and, if known, the name and business address of any new     9,357        

employer of the obligor;                                                        

      (x)  A requirement that, no later than the earlier of        9,359        

forty-five days before the lump-sum payment is to be made or, if   9,360        

the obligor's right to the lump-sum payment is determined less     9,361        

than forty-five days before it is to be made, the date on which    9,362        

that determination is made, the employer PAYOR notify the child    9,363        

support enforcement agency of any lump-sum payments of any kind    9,365        

of five hundred dollars or more that are to be paid to the         9,366        

obligor, hold the lump-sum payments of five hundred dollars or     9,367        

more for thirty days after the date on which the lump-sum          9,368        

payments otherwise would have been paid to the obligor, if the     9,369        

                                                          222    

                                                                 
lump-sum payments are workers' compensation benefits, severance    9,370        

pay, sick leave, lump-sum payments of retirement benefits or       9,371        

contributions, annual bonuses, or profit-sharing payments or       9,372        

distributions, and, upon order of the court, pay any specified     9,373        

amount of the lump-sum payment to the DIVISION OF child support    9,374        

enforcement agency.                                                             

      (xi)  A statement that, in addition to the amount withheld   9,376        

for support, the employer PAYOR may withhold a fee from the        9,377        

obligor's earnings INCOME as a charge for its services in          9,379        

complying with the notice and a specification of the amount that   9,381        

may be withheld.                                                                

      (c)  The court or agency shall send the notice described in  9,383        

division (D)(1)(b) of this section to the obligor and shall        9,384        

attach to the notice an additional notice requiring the obligor    9,385        

immediately to notify the child support enforcement agency, in     9,386        

writing, of any change in employment, including self-employment,   9,388        

THE OBLIGOR'S INCOME SOURCE and of the availability of any other   9,389        

sources of income that can be the subject of any withholding or    9,390        

deduction requirement described in division (D) of this section.   9,391        

The court or agency shall serve the notices upon the obligor at    9,392        

the same time as service of the support order or, if the support   9,393        

order previously has been issued, shall send the notices to the    9,394        

obligor by regular mail at the last known address at the same      9,395        

time that it sends the notice described in division (D)(1)(b) of   9,396        

this section to the employer PAYOR.  The notification required of  9,397        

the obligor shall include a description of the nature of any new   9,398        

employment OR INCOME SOURCE, the name and, business address, AND   9,400        

TELEPHONE NUMBER of any new employer OR INCOME SOURCE, and any     9,402        

other information reasonably required by the court.  No obligor                 

shall fail to give the notification required by division           9,403        

(D)(1)(c) of this section.                                         9,404        

      (2)(a)  If the court or the child support enforcement        9,406        

agency determines that the obligor is receiving workers'           9,407        

compensation payments, the court or agency may require the bureau  9,408        

                                                          223    

                                                                 
of workers' compensation or the employer that has been granted     9,409        

the privilege of paying compensation directly and that is paying   9,410        

workers' compensation benefits to the obligor to withhold from     9,411        

the obligor's workers' compensation payments a specified amount    9,412        

for support in satisfaction of the support order, to begin the     9,413        

withholding no later than the date of the first payment that       9,414        

occurs after fourteen working days following the date the notice   9,415        

was mailed to the bureau or employer under divisions (A)(2) or     9,416        

(B) and (D)(2)(b) of this section, to send the amount withheld to  9,417        

the child support enforcement agency designated for that county    9,418        

pursuant to section 2301.35 of the Revised Code, to send that      9,419        

amount to the agency immediately but not later than ten days       9,420        

after the date the payment is made to the obligor, to provide the  9,421        

date on which the amount was withheld, and to continue the         9,422        

withholding at intervals specified in the notice until further     9,423        

notice from the court or agency.  To the extent possible, the      9,424        

amount specified in the notice to be withheld shall satisfy the    9,425        

amount ordered for support in the support order plus any           9,426        

arrearages that may be owed by the obligor under any prior         9,427        

support order that pertained to the same child or spouse,          9,428        

notwithstanding the limitations of section 4123.67 of the Revised  9,429        

Code.  However, in no case shall the sum of the amount specified   9,430        

in the notice to be withheld and any fee withheld by an employer   9,431        

as a charge for its services exceed the maximum amount permitted   9,432        

under section 303(b) of the "Consumer Credit Protection Act," 15   9,433        

U.S.C. 1673(b).                                                    9,434        

      (b)  If the court or agency imposes a withholding            9,436        

requirement under division (D)(2)(a) of this section, it, within   9,437        

the applicable period of time specified in division (A), (B), or   9,438        

(C) of this section, shall send to the bureau of workers'          9,439        

compensation or the employer that is paying the obligor's          9,440        

workers' compensation benefits by regular mail a notice that       9,441        

contains all of the information set forth in divisions             9,442        

(D)(2)(b)(i) to (x) of this section.  The notice is final and is   9,443        

                                                          224    

                                                                 
enforceable by the court.  The notice shall contain all of the     9,444        

following:                                                         9,445        

      (i)  The amount to be withheld from the obligor's worker's   9,447        

compensation payments and a statement that the amount actually     9,448        

withheld for support and other purposes, including the fee         9,449        

described in division (D)(2)(b)(x) of this section, if             9,450        

applicable, shall not be in excess of the maximum amounts          9,451        

permitted under section 303(b) of the "Consumer Credit Protection  9,452        

Act," 15 U.S.C. 1673(b);                                           9,453        

      (ii)  A statement that the bureau or employer is required    9,455        

to send the amount withheld to the child support enforcement       9,456        

agency immediately, but not later than ten working days, after     9,457        

the payment is made to the obligor and is required to report to    9,458        

the agency the date on which the amount was withheld from the      9,459        

obligor's payments;                                                9,460        

      (iii)  A statement that the withholding is binding upon the  9,462        

bureau or employer until further notice from the court or agency;  9,463        

      (iv)  If the notice is sent to an employer who is paying     9,465        

the obligor's worker's compensation benefits, a statement that,    9,466        

if the employer fails to withhold from the obligor's worker's      9,467        

compensation payments in accordance with the provisions of the     9,468        

notice, the employer is liable for the accumulated amount the      9,469        

employer should have withheld from the obligor's payments;         9,470        

      (v)  A statement that the withholding in accordance with     9,472        

the notice and under the provisions of this section has priority   9,473        

over any other legal process under the law of this state against   9,474        

the same payment of benefits;                                      9,475        

      (vi)  The date on which the notice was mailed and a          9,477        

statement that the bureau or employer is required to implement     9,478        

the withholding no later than the date of the first payment that   9,479        

occurs after fourteen working days following the date the notice   9,480        

was mailed and is required to continue the withholding at the      9,481        

intervals specified in the notice;                                 9,482        

      (vii)  A requirement that the bureau or employer promptly    9,484        

                                                          225    

                                                                 
notify the child support enforcement agency, in writing, within    9,485        

ten working days after the date of any termination of the          9,486        

obligor's workers' compensation benefits;                          9,487        

      (viii)  A requirement that the bureau or employer include    9,489        

in all notices the obligor's last known mailing address, last      9,490        

known residence address, and social security number;               9,491        

      (ix)  A requirement that, no later than the earlier of       9,493        

forty-five days before the lump-sum payment is to be made or, if   9,494        

the obligor's right to the lump-sum payment is determined less     9,495        

than forty-five days before it is to be made, the date on which    9,496        

that determination is made, the bureau or employer notify the      9,497        

child support enforcement agency of any lump-sum payment of any    9,498        

kind of five hundred dollars or more that is to be paid to the     9,499        

obligor, hold the lump-sum payment for thirty days after the date  9,500        

on which the lump-sum payment otherwise would be paid to the       9,501        

obligor, and, upon order of the court, pay any specified amount    9,502        

of the lump-sum payment to the agency.                             9,503        

      (x)  If the notice is sent to an employer who is paying the  9,505        

obligor's workers' compensation benefits, a statement that, in     9,506        

addition to the amount withheld for support, the employer may      9,507        

withhold a fee from the obligor's benefits as a charge for its     9,508        

services in complying with the notice and a specification of the   9,509        

amount that may be withheld.                                       9,510        

      (c)  The court or agency shall send the notice described in  9,512        

division (D)(2)(b) of this section to the obligor and shall        9,513        

attach to the notice an additional notice requiring the obligor    9,514        

to immediately notify the child support enforcement agency, in     9,515        

writing, of any change in the obligor's workers' compensation      9,516        

payments, of the obligor's commencement of employment, including   9,517        

self-employment, and of the availability of any other sources of   9,518        

income that can be the subject of any withholding or deduction     9,519        

requirement described in division (D) of this section.  The court  9,520        

or agency shall serve the notices upon the obligor at the same     9,521        

time as service of the support order or, if the support order      9,522        

                                                          226    

                                                                 
previously has been issued, shall send the notices to the obligor  9,523        

by regular mail at the obligor's last known address at the same    9,524        

time that it sends the notice described in division (D)(2)(b) of   9,525        

this section to the bureau or employer.  The additional notice     9,526        

also shall notify the obligor that upon commencement of            9,527        

employment the obligor may request the court or the child support  9,528        

enforcement agency to cancel its workers' compensation payment     9,529        

withholding notice and instead issue a notice requiring the        9,530        

withholding of an amount from the obligor's personal earnings for  9,531        

support in accordance with division (D)(1) of this section and     9,533        

that upon commencement of employment the court may cancel its      9,534        

workers' compensation payment withholding notice and instead will  9,535        

issue a notice requiring the withholding of an amount from the     9,536        

obligor's personal earnings for support in accordance with         9,537        

division (D)(1) of this section.  The notification required of                  

the obligor shall include a description of the nature of any new   9,538        

employment, the name and business address of any new employer,     9,539        

and any other information reasonably required by the court.        9,540        

      (3)(a)  If the court or child support enforcement agency     9,542        

determines that the obligor is receiving any pension, annuity,     9,543        

allowance, or other benefit or is to receive or has received a     9,544        

warrant refunding the individual account from the public           9,545        

employees retirement system, a municipal retirement system         9,546        

established subject to sections 145.01 to 145.58 of the Revised    9,547        

Code, the police and firemen's disability and pension fund, the    9,548        

state teachers retirement system, the school employees retirement  9,549        

system, or the state highway patrol retirement system, the court   9,550        

or agency may require the public employees retirement board, the   9,551        

board, board of trustees, or other governing entity of any         9,552        

municipal retirement system, the board of trustees of the police   9,553        

and firemen's disability and pension fund, the state teachers      9,554        

retirement board, the school employees retirement board, or the    9,555        

state highway patrol retirement board to withhold from the         9,556        

obligor's pension, annuity, allowance, other benefit, or warrant   9,557        

                                                          227    

                                                                 
a specified amount for support in satisfaction of the support      9,558        

order, to begin the withholding no later than the date of the      9,559        

first payment that occurs after fourteen working days following    9,560        

the date the notice was mailed to the board, board of trustees,    9,561        

or other entity under divisions (A)(2) or (B) and (D)(3)(b) of     9,562        

this section, to send the amount withheld to the child support     9,563        

enforcement agency designated for that county pursuant to section  9,564        

2301.35 of the Revised Code, to send that amount to the agency     9,565        

immediately but not later than ten days after the date the         9,566        

payment is made to the obligor, to provide the date on which the   9,567        

amount was withheld, and to continue the withholding at intervals  9,568        

specified in the notice until further notice from the court or     9,569        

agency.  To the extent possible, the amount specified in the       9,570        

notice to be withheld shall satisfy the amount ordered for         9,571        

support in the support order plus any arrearages that may be owed  9,572        

by the obligor under any prior support order that pertained to     9,573        

the same child or spouse, notwithstanding the limitations of       9,574        

sections 2329.66, 2329.70, and 2716.13 of the Revised Code.        9,575        

However, in no case shall the sum of the amount specified in the   9,576        

notice to be withheld and any fee withheld by the board, board of  9,577        

trustees, or other entity as a charge for its services exceed the  9,578        

maximum amount permitted under section 303(b) of the "Consumer     9,579        

Credit Protection Act," 15 U.S.C. 1673(b).                         9,580        

      (b)  If the court or agency imposes a withholding            9,582        

requirement under division (D)(3)(a) of this section, it, within   9,583        

the applicable period of time specified in division (A), (B), or   9,584        

(C) of this section, shall send to the board, board of trustees,   9,585        

or other entity by regular mail a notice that contains all of the  9,586        

information set forth in divisions (D)(3)(b)(i) to (ix) of this    9,587        

section.  The notice is final and is enforceable by the court.     9,588        

The notice shall contain all of the following:                     9,589        

      (i)  The amount to be withheld from the obligor's pension,   9,591        

annuity, allowance, other benefit, or warrant and a statement      9,592        

that the amount actually withheld for support and other purposes,  9,593        

                                                          228    

                                                                 
including the fee described in division (D)(3)(b)(ix) of this      9,594        

section, shall not be in excess of the maximum amounts permitted   9,595        

under section 303(b) of the "Consumer Credit Protection Act," 15   9,596        

U.S.C. 1673(b);                                                    9,597        

      (ii)  A statement that the board, board of trustees, or      9,599        

other entity is required to send the amount withheld to the child  9,600        

support enforcement agency immediately, but not later than ten     9,601        

working days, after the payment is made to the obligor and is      9,602        

required to report to the agency the date on which the amount was  9,603        

withheld from the obligor's payments;                              9,604        

      (iii)  A statement that the withholding is binding upon the  9,606        

board, board of trustees, or other entity until further notice     9,607        

from the court or agency;                                          9,608        

      (iv)  A statement that the withholding in accordance with    9,610        

the notice and under the provisions of this section has priority   9,611        

over any other legal process under the law of this state against   9,612        

the same payment of the pension, annuity, allowance, other         9,613        

benefit, or warrant;                                               9,614        

      (v)  The date on which the notice was mailed and a           9,616        

statement that the board, board of trustees, or other entity is    9,617        

required to implement the withholding no later than the date of    9,618        

the first payment that occurs after fourteen working days          9,619        

following the date the notice was mailed and is required to        9,620        

continue the withholding at the intervals specified in the         9,621        

notice;                                                            9,622        

      (vi)  A requirement that the board, board of trustees, or    9,624        

other entity promptly notify the child support enforcement         9,625        

agency, in writing, within ten working days after the date of any  9,626        

termination of the obligor's pension, annuity, allowance, or       9,627        

other benefit;                                                     9,628        

      (vii)  A requirement that the board, board of trustees, or   9,630        

other entity include in all notices the obligor's last known       9,631        

mailing address, last known residence address, and social          9,632        

security number;                                                   9,633        

                                                          229    

                                                                 
      (viii)  A requirement that, no later than the earlier of     9,635        

forty-five days before the lump-sum payment is to be made or, if   9,636        

the obligor's right to the lump-sum payment is determined less     9,637        

than forty-five days before it is to be made, the date on which    9,638        

that determination is made, the board, board of trustees, or       9,639        

other entity notify the child support enforcement agency of any    9,640        

lump-sum payment of any kind of five hundred dollars or more that  9,641        

is to be paid to the obligor, hold the lump-sum payment for        9,642        

thirty days after the date on which the lump-sum payment would     9,643        

otherwise be paid to the obligor, if the lump-sum payments are     9,644        

lump-sum payments of retirement benefits or contributions, and,    9,645        

upon order of the court, pay any specified amount of the lump-sum  9,646        

payment to the agency.                                             9,647        

      (ix)  A statement that, in addition to the amount withheld   9,649        

for support, the board, board of trustees, or other entity may     9,650        

withhold a fee from the obligor's pension, annuity, allowance,     9,651        

other benefit, or warrant as a charge for its services in          9,652        

complying with the notice and a specification of the amount that   9,653        

may be withheld.                                                   9,654        

      (c)  The court or agency shall send the notice described in  9,656        

division (D)(3)(b) of this section to the obligor and shall        9,657        

attach to the notice an additional notice requiring the obligor    9,658        

immediately to notify the child support enforcement agency, in     9,659        

writing, of any change in pension, annuity, allowance, or other    9,661        

benefit, of the commencement of employment, including                           

self-employment, and of the availability of any other sources of   9,662        

income that can be the subject of any withholding or deduction     9,663        

requirement described in division (D) of this section.  The court  9,664        

or agency shall serve the notices upon the obligor at the same     9,665        

time as service of the support order or, if the support order      9,666        

previously has been issued, shall send the notices to the obligor  9,667        

by regular mail at the last known address at the same time that    9,668        

it sends the notice described in division (D)(3)(b) of this        9,669        

section to the board, board of trustees, or other entity.  The     9,670        

                                                          230    

                                                                 
additional notice also shall specify that upon commencement of     9,672        

employment the obligor may request the court or the child support  9,673        

enforcement agency to issue a notice requiring the withholding of  9,674        

an amount from personal earnings for support in accordance with    9,675        

division (D)(1) of this section and that upon commencement of      9,676        

employment the court may cancel its withholding notice under       9,677        

division (D)(3)(b) of this section and instead will issue a        9,678        

notice requiring the withholding of an amount from personal        9,679        

earnings for support in accordance with division (D)(1) of this    9,680        

section.  The notification required of the obligor shall include   9,681        

a description of the nature of any new employment, the name and    9,682        

business address of any new employer, and any other information    9,683        

reasonably required by the court.                                               

      (4)(a)  If the court or child support enforcement agency     9,685        

determines that the obligor is receiving any form of income,       9,686        

including, but not limited to, disability or sick pay, insurance   9,687        

proceeds, lottery prize awards, federal, state, or local           9,688        

government benefits to the extent that the benefits can be         9,689        

withheld or deducted under any law governing the benefits, any     9,690        

form of trust fund or endowment fund, vacation pay, commissions    9,691        

and draws against commissions that are paid on a regular basis,    9,692        

bonuses or profit-sharing payments or distributions, or any        9,693        

lump-sum payments, the court or agency may require the person who  9,694        

pays or otherwise distributes the income to the obligor to         9,695        

withhold from the obligor's income a specified amount for support  9,696        

in satisfaction of the support order, to begin the withholding no  9,697        

later than the date of the first payment that occurs after         9,698        

fourteen working days following the date the notice was mailed to  9,699        

the person paying or otherwise distributing the obligor's income   9,700        

under divisions (A)(2) or (B) and (D)(4)(b) of this section, to    9,701        

send the amount withheld to the child support enforcement agency   9,702        

designated for that county pursuant to section 2301.35 of the      9,703        

Revised Code, to send that amount to the agency immediately but    9,704        

not later than ten days after the date the payment is made to the  9,705        

                                                          231    

                                                                 
obligor, to provide the date on which the amount was withheld,     9,706        

and to continue the withholding at intervals specified in the      9,707        

notice until further notice from the court or agency.  To the      9,708        

extent possible, the amount specified in the notice to be          9,709        

withheld shall satisfy the amount ordered for support in the       9,710        

support order plus any arrearages that may be owed by the obligor  9,711        

under any prior support order that pertained to the same child or  9,712        

spouse, notwithstanding the limitations of sections 2329.66,       9,713        

2329.70, and 2716.13 of the Revised Code.  However, in no case     9,714        

shall the sum of the amount specified in the notice to be          9,715        

withheld and any fee withheld by the person paying or otherwise    9,716        

distributing the obligor's income as a charge for its services     9,717        

exceed the maximum amount permitted under section 303(b) of the    9,718        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b).               9,719        

      (b)  If the court or agency imposes a withholding            9,721        

requirement under division (D)(4)(a) of this section, it, within   9,722        

the applicable period of time specified in division (A), (B), or   9,723        

(C) of this section, shall send to the person paying or otherwise  9,724        

distributing the obligor's income by regular mail a notice that    9,725        

contains all of the information set forth in divisions             9,726        

(D)(4)(b)(i) to (ix) of this section.  The notice is final and is  9,727        

enforceable by the court.  The notice shall contain all of the     9,728        

following:                                                         9,729        

      (i)  The amount to be withheld from the obligor's income     9,731        

and a statement that the amount actually withheld for support and  9,732        

other purposes, including the fee described in division            9,733        

(D)(4)(b)(ix) of this section, shall not be in excess of the       9,734        

maximum amounts permitted under section 303(b) of the "Consumer    9,735        

Credit Protection Act," 15 U.S.C. 1673(b);                         9,736        

      (ii)  A statement that the person paying or otherwise        9,738        

distributing the obligor's income is required to send the amount   9,739        

withheld to the child support enforcement agency immediately, but  9,740        

not later than ten working days, after the payment is made to the  9,741        

obligor and is required to report to the agency the date on which  9,742        

                                                          232    

                                                                 
the amount was withheld from the obligor's payments;               9,743        

      (iii)  A statement that the withholding is binding upon the  9,745        

person paying or otherwise distributing the obligor's income       9,746        

until further notice from the court or agency;                     9,747        

      (iv)  A statement that the withholding in accordance with    9,749        

the notice and under the provisions of this section has priority   9,750        

over any other legal process under the law of this state against   9,751        

the same payment of the income;                                    9,752        

      (v)  A statement that the person paying or otherwise         9,754        

distributing the obligor's income is required to implement the     9,755        

withholding no later than the date of the first payment that       9,756        

occurs after fourteen working days following the date the notice   9,757        

was mailed and is required to continue the withholding at the      9,758        

intervals specified in the notice;                                 9,759        

      (vi)  A requirement that the person paying or otherwise      9,761        

distributing the obligor's income promptly notify the child        9,762        

support enforcement agency, in writing, within ten days after the  9,763        

date of any termination of the obligor's income;                   9,764        

      (vii)  A requirement that the person paying or otherwise     9,766        

distributing the obligor's income include in all notices the       9,767        

obligor's last known mailing address, last known residence         9,768        

address, and social security number;                               9,769        

      (viii)  A requirement that, no later than the earlier of     9,771        

forty-five days before the lump-sum payment is to be made or, if   9,772        

the obligor's right to the lump-sum payment is determined less     9,773        

than forty-five days before it is to be made, the date on which    9,774        

that determination is made, the person paying or otherwise         9,775        

distributing the obligor's income notify the child support         9,776        

enforcement agency of any lump-sum payment of any kind of five     9,777        

hundred dollars or more that is to be paid to the obligor, hold    9,778        

the lump-sum payment for thirty days after the date on which the   9,779        

lump-sum payment would otherwise be paid to the obligor, if the    9,780        

lump-sum payment is sick pay, lump-sum payment of retirement       9,781        

benefits or contributions, or profit-sharing payments or           9,782        

                                                          233    

                                                                 
distributions, and, upon order of the court, pay any specified     9,783        

amount of the lump-sum payment to the child support enforcement    9,784        

agency.                                                            9,785        

      (ix)  A statement that, in addition to the amount withheld   9,787        

for support, the person paying or otherwise distributing the       9,788        

obligor's income may withhold a fee from the obligor's income as   9,789        

a charge for its services in complying with the order and a        9,790        

specification of the amount that may be withheld.                  9,791        

      (c)  The court or agency shall send the notice described in  9,793        

division (D)(4)(b) of this section to the obligor and shall        9,794        

attach to the notice an additional notice requiring the obligor    9,795        

immediately to notify the child support enforcement agency, in     9,796        

writing, of any change in income to which the withholding notice   9,798        

applies, of the commencement of employment, including                           

self-employment, and of the availability of any other sources of   9,799        

income that can be the subject of any withholding or deduction     9,800        

requirement described in division (D) of this section.  The court  9,801        

or agency shall serve the notices upon the obligor at the same     9,802        

time as service of the support order or, if the support order      9,803        

previously has been issued, shall send the notices to the obligor  9,804        

by regular mail at the last known address at the same time that    9,805        

it sends the notice described in division (D)(4)(b) of this        9,806        

section to the person paying or otherwise distributing the         9,807        

obligor's income.  The additional notice also shall specify that   9,808        

upon commencement of employment the obligor may request the court  9,810        

or child support enforcement agency to issue a notice requiring    9,811        

the withholding of an amount from the obligor's personal earnings  9,812        

for support in accordance with division (D)(1) of this section                  

and that upon commencement of employment the court may cancel its  9,814        

withholding notice under division (D)(4)(b) of this section and    9,815        

instead will issue a notice requiring the withholding of an                     

amount from personal earnings for support in accordance with       9,816        

division (D)(1) of this section.  The notification required of     9,817        

the obligor shall include a description of the nature of any new   9,818        

                                                          234    

                                                                 
employment, the name and business address of any new employer,     9,819        

and any other information reasonably required by the court.        9,820        

      (5)(a)  If the court or child support enforcement agency     9,822        

determines that the obligor has funds on deposit in any account    9,823        

in a financial institution under the jurisdiction of the court,    9,824        

the court or agency may require any financial institution in       9,825        

which the obligor's funds are on deposit to deduct from the        9,826        

obligor's account a specified amount for support in satisfaction   9,827        

of the support order, to begin the deduction no later than         9,828        

fourteen working days following the date the notice was mailed to  9,829        

the financial institution under divisions (A)(2) or (B) and        9,831        

(D)(5)(2)(b) of this section, to send the amount deducted to the   9,832        

DIVISION OF child support enforcement agency designated for that   9,833        

county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to section     9,835        

2301.35 5101.325 of the Revised Code, to send that amount to the   9,837        

agency DIVISION immediately but not later than ten SEVEN WORKING   9,838        

days after the date the latest deduction was made, to provide the  9,839        

date on which the amount was deducted, and to continue the         9,840        

deduction at intervals specified in the notice until further       9,841        

notice from the court or CHILD SUPPORT ENFORCEMENT agency.  To     9,842        

the extent possible, the amount specified in the notice to be      9,844        

deducted shall satisfy the amount ordered for support in the       9,845        

support order plus any arrearages that may be owed by the obligor  9,846        

under any prior support order that pertained to the same child or  9,847        

spouse, notwithstanding the limitations of sections 2329.66,       9,848        

2329.70, and 2716.13 of the Revised Code.  However, in no case     9,849        

shall the sum of the amount specified in the notice to be          9,850        

deducted and the fee deducted by the financial institution as a    9,851        

charge for its services exceed the maximum amount permitted under  9,852        

section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.  9,853        

1673(b).                                                                        

      (b)  If the court or agency imposes a withholding            9,855        

requirement under division (D)(5)(2)(a) of this section, it,       9,856        

within the applicable period of time specified in division (A),    9,858        

                                                          235    

                                                                 
(B), or (C) of this section, shall send to the financial           9,859        

institution by regular mail a notice that contains all of the      9,860        

information set forth in divisions (D)(5)(2)(b)(i) to (viii) of    9,861        

this section.  The notice is final and is enforceable by the       9,863        

court.  The notice shall contain all of the following:             9,864        

      (i)  The amount to be deducted from the obligor's account    9,866        

and a statement that the amount actually deducted for support and  9,867        

other purposes, including the fee described in division            9,868        

(D)(5)(b)(viii) of this section, shall not be in excess of the     9,870        

maximum amounts permitted under section 303(b) of the "Consumer    9,871        

Credit Protection Act," 15 U.S.C. 1673(b);                         9,872        

      (ii)  A statement that the financial institution is          9,874        

required to send the amount deducted to the DIVISION OF child      9,875        

support enforcement agency immediately, but not later than ten     9,876        

SEVEN working days, after the date the last deduction was made     9,878        

and is required to report to the CHILD SUPPORT ENFORCEMENT agency  9,879        

the date on which the amount was deducted from the obligor's       9,881        

account;                                                                        

      (iii)  A statement that the deduction is binding upon the    9,883        

financial institution until further notice from the court or       9,884        

agency;                                                            9,885        

      (iv)  A statement that the withholding in accordance with    9,887        

the notice and under the provisions of this section has priority   9,888        

over any other legal process under the law of this state against   9,889        

the same account;                                                  9,890        

      (v)  The date on which the notice was mailed and a           9,892        

statement that the financial institution is required to implement  9,893        

the deduction no later than fourteen working days following the    9,894        

date the notice was mailed and is required to continue the         9,895        

deduction at the intervals specified in the notice;                9,896        

      (vi)  A requirement that the financial institution promptly  9,898        

notify the child support enforcement agency, in writing, within    9,899        

ten days after the date of any termination of the account from     9,900        

which the deduction is being made and notify the agency, in        9,901        

                                                          236    

                                                                 
writing, of the opening of a new account at that financial         9,902        

institution, the account number of the new account, the name of    9,903        

any other known financial institutions in which the obligor has    9,904        

any accounts, and the numbers of those accounts;                   9,905        

      (vii)  A requirement that the financial institution include  9,907        

in all notices the obligor's last known mailing address, last      9,908        

known residence address, and social security number;               9,909        

      (viii)  A statement that, in addition to the amount          9,911        

deducted for support, the financial institution may deduct a fee   9,912        

from the obligor's account as a charge for its services in         9,913        

complying with the notice and a specification of the amount that   9,914        

may be deducted.                                                   9,915        

      (c)  The court or agency shall send the notice described in  9,917        

division (D)(5)(2)(b) of this section to the obligor and shall     9,918        

attach to the notice an additional notice requiring the obligor    9,919        

immediately to notify the child support enforcement agency, in     9,920        

writing, of any change in the status of the account from which     9,921        

the amount of support is being deducted or the opening of a new    9,922        

account with any financial institution, of commencement of         9,923        

employment, including self-employment, or of the availability of   9,924        

any other sources of income that can be the subject of any         9,925        

withholding or deduction requirement described in division (D) of  9,926        

this section.  The court or agency shall serve the notices upon    9,927        

the obligor at the same time as service of the support order or,   9,928        

if the support order previously has been issued, shall send the    9,929        

notices to the obligor by regular mail at the last known address   9,930        

at the same time that it sends the notice described in division    9,931        

(D)(5)(2)(b) of this section to the financial institution.  The    9,933        

additional notice also shall specify that upon commencement of     9,935        

employment, the obligor may request the court or child support     9,936        

enforcement agency to cancel its financial institution account     9,937        

deduction notice and instead issue a notice requiring the                       

withholding of an amount from personal earnings for support in     9,939        

accordance with division (D)(1) of this section and that upon                   

                                                          237    

                                                                 
commencement of employment the court may cancel its financial      9,940        

institution account deduction notice under division (D)(5)(2)(b)   9,942        

of this section and instead will issue a notice requiring the      9,943        

withholding of an amount from personal earnings for support in     9,945        

accordance with division (D)(1) of this section.  The                           

notification required of the obligor shall include a description   9,946        

of the nature of any new accounts opened at a financial            9,947        

institution under the jurisdiction of the court, the name and      9,948        

business address of that financial institution, a description of   9,949        

the nature of any new employment OR INCOME SOURCE, the name and,   9,951        

business address, AND TELEPHONE NUMBER of any new employer OR      9,952        

INCOME SOURCE, and any other information reasonably required by    9,954        

the court.                                                                      

      (6)(3)  The court may issue an order requiring the obligor   9,956        

to enter into a cash bond with the court.  The court shall issue   9,957        

the order as part of the support order or, if the support order    9,958        

previously has been issued, as a separate order.  Any cash bond    9,959        

so required shall be in a sum fixed by the court at not less than  9,960        

five hundred nor more than ten thousand dollars, conditioned that  9,961        

the obligor will make payment as previously ordered and will pay   9,962        

any arrearages under any prior support order that pertained to     9,963        

the same child or spouse.  The order, along with an additional     9,964        

order requiring the obligor to immediately notify the child        9,965        

support enforcement agency, in writing, of commencement of         9,966        

employment, including self-employment IF THE OBLIGOR BEGINS TO     9,967        

RECEIVE INCOME FROM A PAYOR, shall be attached to, and shall be    9,969        

served upon the obligor at the same time as service of, the        9,970        

support order or, if the support order previously has been                      

issued, as soon as possible after the issuance of the order under  9,971        

this division.  The additional order also shall specify that upon  9,972        

commencement of employment WHEN THE OBLIGOR BEGINS TO RECEIVE      9,973        

INCOME FROM A PAYOR the obligor may request the court to cancel    9,975        

its bond order and instead issue a notice requiring the            9,976        

withholding of an amount from personal earnings INCOME for         9,978        

                                                          238    

                                                                 
support in accordance with division (D)(1) of this section and     9,979        

that upon commencement of employment WHEN THE OBLIGOR BEGINS TO                 

RECEIVE INCOME FROM A PAYOR the court will proceed to collect on   9,981        

the bond, if the court determines that payments due under the      9,982        

support order have not been made and that the amount that has not  9,983        

been paid is at least equal to the support owed for one month      9,984        

under the support order, and will issue a notice requiring the     9,985        

withholding of an amount from personal earnings INCOME for         9,986        

support in accordance with division (D)(1) of this section.  The   9,988        

notification required of the obligor shall include a description   9,989        

of the nature of any new employment, the name and business         9,990        

address of any new employer, and any other information reasonably  9,991        

required by the court.                                                          

      The court shall not order an obligor to post a cash bond     9,993        

under this division unless the court determines that the obligor   9,994        

has the ability to do so.  A child support enforcement agency      9,995        

shall not issue an order of the type described in this division.   9,996        

If a child support enforcement agency is required to issue a       9,997        

withholding or deduction notice under division (D) of this         9,998        

section but the agency determines that no notice of the type       9,999        

described in division (D)(1) to (5) OR (2) of this section would   10,001       

be appropriate, the agency may request the court to issue a court  10,002       

order under this division, and, upon the request, the court may    10,003       

issue an order as described in this division.                      10,004       

      (7)(4)  If the obligor is unemployed, has no income, and     10,006       

does not have an account at any financial institution, OR ON       10,007       

REQUEST OF A CHILD SUPPORT ENFORCEMENT AGENCY MADE UNDER SECTION   10,008       

3111.231 OF THE REVISED CODE, the court shall issue an order       10,010       

requiring the obligor to seek employment, if the obligor is able   10,011       

to engage in employment and immediately to, TO SEEK EMPLOYMENT OR  10,012       

PARTICIPATE IN A WORK ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE  10,013       

UNDER TITLE IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620        10,019       

(1935), 42 U.S.C.A. 301, AS AMENDED, MAY BE ASSIGNED AS SPECIFIED  10,021       

IN SECTION 407(d) OF THE "SOCIAL SECURITY ACT," 42 U.S.C.A.        10,027       

                                                          239    

                                                                 
607(d), AS AMENDED.  THE COURT SHALL INCLUDE IN THE ORDER A        10,028       

REQUIREMENT THAT THE OBLIGOR notify the child support enforcement  10,030       

agency upon obtaining employment, upon obtaining any income, or    10,031       

upon obtaining ownership of any asset with a value of five         10,032       

hundred dollars or more.  THE COURT MAY ISSUE THE ORDER            10,034       

REGARDLESS OF WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES                      

SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER TITLE (IV)-A OF THE     10,036       

"SOCIAL SECURITY ACT."  The court shall issue the notice ORDER as  10,037       

part of the A support order or, if the A support order previously  10,039       

has been issued, as a separate notice. A child support             10,040       

enforcement agency shall not issue a notice of the type described  10,041       

in this division ORDER.  If a child support enforcement agency is  10,042       

required to issue a withholding or deduction notice under          10,043       

division (D) of this section but the agency determines that no     10,044       

notice of the type described in division (D)(1) to (5) OR (2) of   10,045       

this section would be appropriate, the agency may request the      10,047       

court to issue a court order under this division (D)(4) OF THIS    10,048       

SECTION, and, upon the request, the court may issue an order as    10,049       

described in this division (D)(4) OF THIS SECTION.                 10,050       

      IF AN OBLIGOR IS ORDERED TO PARTICIPATE IN A WORK ACTIVITY,  10,053       

THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH THE    10,054       

OBLIGOR RESIDES SHALL OVERSEE THE OBLIGOR'S PARTICIPATION IN       10,055       

ACCORDANCE WITH RULES THE DEPARTMENT OF HUMAN SERVICES SHALL       10,056       

ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  A      10,059       

CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTRACT WITH ONE OR MORE     10,060       

GOVERNMENTAL AGENCIES OR PERSONS TO CARRY OUT SOME OR ALL OF ITS   10,061       

OVERSIGHT DUTIES.                                                  10,062       

      (E)  If a court or child support enforcement agency is       10,064       

required under division (A), (B), or (C) of this section or any    10,065       

other section of the Revised Code to issue one or more notices or  10,066       

court orders described in division (D) of this section, the court  10,067       

or agency to the extent possible shall issue a sufficient number   10,068       

of notices or court orders under division (D) of this section to   10,069       

provide that the aggregate amount withheld or deducted under       10,070       

                                                          240    

                                                                 
those notices or court orders satisfies the amount ordered for     10,071       

support in the support order plus any arrearages that may be owed  10,072       

by the obligor under any prior support order that pertained to     10,073       

the same child or spouse, notwithstanding the limitations of       10,074       

sections 2329.66, 2329.70, 2716.13, and 4123.67 of the Revised     10,075       

Code.  However, in no case shall the aggregate amount withheld or  10,076       

deducted PURSUANT TO A WITHHOLDING NOTICE ISSUED UNDER DIVISION    10,078       

(D)(1) OF THIS SECTION and any fees withheld or deducted PURSUANT  10,079       

TO THE NOTICE as a charge for services exceed the maximum amount   10,080       

permitted under section 303(b) of the "Consumer Credit Protection  10,081       

Act," 15 U.S.C. 1673(b).                                                        

      (F)(1)  Any withholding or deduction requirement that is     10,083       

contained in a notice described in division (D) of this section    10,084       

and that is required to be issued by division (A), (B), or (C) of  10,085       

this section or any other section of the Revised Code has          10,086       

priority over any order of attachment, any order in aid of         10,087       

execution, and any other legal process issued under state law      10,088       

against the same earnings, payments, or account.                   10,089       

      (2)  When two or more withholding or deduction notices that  10,091       

are described in division (D)(1) of this section and that are      10,092       

required to be issued by division (A), (B), or (C) of this         10,093       

section or any other section of the Revised Code are received by   10,094       

an employer, the bureau of workers' compensation, an employer      10,095       

that is paying more than one person's workers' compensation        10,096       

benefits, the public employees retirement board, the board, board  10,097       

of trustees, or other governing entity of any municipal            10,098       

retirement system, the board of trustees of the police and         10,099       

firemen's disability and pension fund, the state teachers          10,100       

retirement board, the school employees retirement board, the       10,101       

state highway patrol retirement board, a person paying or          10,102       

otherwise distributing income for more than one obligor, or a      10,104       

financial institution, the employer, bureau of workers'            10,105       

compensation, employer paying workers' compensation benefits,      10,106       

board, board of trustees, or other governing entity of a           10,107       

                                                          241    

                                                                 
retirement system, person paying or distributing income to an      10,108       

obligor, or financial institution THE PAYOR shall comply with all  10,110       

of the requirements contained in the notices to the extent that    10,113       

the total amount withheld from the obligor's personal earnings,    10,114       

payments, pensions, annuities, allowances, benefits, other         10,115       

sources of income, or savings does not exceed the maximum amount   10,116       

permitted under section 303(b) of the "Consumer Credit Protection  10,117       

Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance  10,118       

with the allocation set forth in divisions (F)(2)(a) and (b) of    10,119       

this section, notify each court or child support enforcement       10,120       

agency that issued one of the notices of the allocation, and give  10,121       

priority to amounts designated in each notice as current support   10,122       

in the following manner:                                           10,123       

      (a)  If the total of the amounts designated in the notices   10,125       

as current support exceeds the amount available for withholding    10,126       

under section 303(b) of the "Consumer Credit Protection Act," 15   10,127       

U.S.C. 1673(b), the employer, bureau of workers' compensation,     10,128       

employer paying workers' compensation benefits, board, board of    10,129       

trustees, or other governing entity of a municipal retirement      10,130       

system, person paying or distributing income to an obligor, or     10,132       

financial institution PAYOR shall allocate to each notice an       10,133       

amount for current support equal to the amount designated in that  10,135       

notice as current support multiplied by a fraction in which the    10,136       

numerator is the amount of personal earnings, payments, pensions,  10,137       

annuities, allowances, benefits, other sources of income, or       10,138       

savings available for withholding and the denominator is the       10,139       

total amount designated in all of the notices as current support.  10,140       

      (b)  If the total of the amounts designated in the notices   10,142       

as current support does not exceed the amount available for        10,143       

withholding under section 303(b) of the "Consumer Credit           10,144       

Protection Act," 15 U.S.C. 1673(b), the persons and entities       10,145       

listed in division (F)(2)(a) of this section PAYOR shall pay all   10,147       

of the amounts designated as current support in the notices and    10,148       

shall allocate to each notice an amount for past-due support       10,149       

                                                          242    

                                                                 
equal to the amount designated in that notice as past-due support  10,150       

multiplied by a fraction in which the numerator is the amount of   10,151       

personal earnings, payments, pensions, annuities, allowances,      10,152       

benefits, other sources of income, or savings remaining available  10,153       

for withholding after the payment of current support and the       10,154       

denominator is the total amount designated in all of the notices   10,155       

as past-due support.                                               10,156       

      (G)(1)  Except when a provision specifically authorizes or   10,158       

requires service other than as described in this division,         10,159       

service of any notice on any party, the bureau of workers'         10,160       

compensation, an employer that is paying a person's workers'       10,161       

compensation benefits, the public employees retirement board, the  10,162       

board, board of trustees, or other governing entity of any         10,163       

municipal retirement system, the board of trustees of the police   10,164       

and firemen's disability and pension fund, the state teachers      10,165       

retirement board, the school employees retirement board, the       10,166       

state highway patrol retirement board, a person paying or          10,167       

otherwise distributing an obligor's income, a financial            10,168       

institution, or an employer PAYOR, for purposes of division (A),   10,169       

(B), (C), or (D) of this section, may SHALL be made by personal    10,171       

service or ordinary first class mail directed to the addressee at  10,173       

the last known address, or, in the case of a corporation, at its   10,174       

usual place of doing business.  Any service of notice by ordinary  10,175       

first class mail shall be evidenced by a certificate of mailing    10,176       

filed with the clerk of the court A NOTICE SHALL BE CONSIDERED TO  10,177       

HAVE BEEN SERVED WHEN IT IS MAILED.                                10,178       

      (2)  Each party to a support order shall notify the child    10,180       

support enforcement agency of the party's current mailing address  10,181       

and, current residence address, CURRENT RESIDENCE TELEPHONE        10,183       

NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER, at the time of the    10,184       

issuance or modification of the order and, until further notice    10,185       

of the court that issues the order, shall notify the agency of     10,186       

any change in either address THAT INFORMATION immediately after    10,187       

the change occurs.  Any willful failure to comply with this        10,189       

                                                          243    

                                                                 
division is contempt of court.  No person shall fail to give the   10,190       

notice required by division (G)(2) of this section.                             

      (3)  Each support order, or modification of a support        10,192       

order, that is subject to this section shall contain a statement   10,193       

requiring each party to the order to notify the child support      10,194       

enforcement agency in writing of the party's current mailing       10,195       

address, the party's current residence address, and of any         10,197       

changes in either address and a notice that the requirement to     10,199       

notify the agency of all changes in either address continues       10,201       

until further notice from the court and that a willful failure to  10,202       

supply a correct mailing address or residence address or to        10,204       

provide the agency with all changes in either address is contempt  10,206       

of court.  NOTICE THAT STATES THE FOLLOWING IN BOLDFACED TYPE AND  10,208       

IN ALL CAPITAL LETTERS:                                            10,209       

      "EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD      10,212       

SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT        10,213       

MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE      10,214       

TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY      10,215       

CHANGES IN THAT INFORMATION.  EACH PARTY MUST NOTIFY THE AGENCY    10,216       

OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT.  IF YOU ARE    10,217       

THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE   10,218       

REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST      10,219       

OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT   10,220       

OFFENSE.  IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT                    

ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS    10,221       

YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES    10,223       

UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.           10,224       

      IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED      10,226       

NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING          10,227       

ENFORCEMENT ACTIONS AGAINST YOU:  IMPOSITION OF LIENS AGAINST      10,228       

YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE,  10,230       

DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR   10,231       

INCOME; DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS;    10,232       

AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO  10,233       

                                                          244    

                                                                 
SATISFY YOUR SUPPORT OBLIGATION."                                  10,234       

      (4)(a)  The parent who is the residential parent and legal   10,236       

custodian of a child for whom a support order is issued or the     10,237       

person who otherwise has custody of a child for whom a support     10,238       

order is issued immediately shall notify, and the obligor under a  10,239       

support order may notify, the child support enforcement agency of  10,240       

any reason for which the support order should terminate,           10,241       

including, but not limited to, THE CHILD'S ATTAINMENT OF THE AGE   10,242       

OF MAJORITY IF THE CHILD NO LONGER ATTENDS AN ACCREDITED HIGH      10,243       

SCHOOL ON A FULL-TIME BASIS, DOES NOT HAVE A DEVELOPMENTAL         10,246       

DISABILITY AS DEFINED IN SECTION 5123.01 OF THE REVISED CODE, AND  10,247       

THE SUPPORT ORDER DOES NOT PROVIDE FOR THE DUTY OF SUPPORT TO      10,248       

CONTINUE PAST THE AGE OF MAJORITY; the child ceasing to attend     10,249       

such a high school on a full-time basis after attaining the age    10,252       

of majority, IF THE CHILD DOES NOT HAVE A DEVELOPMENTAL            10,254       

DISABILITY AND THE SUPPORT ORDER DOES NOT PROVIDE FOR THE DUTY OF  10,255       

SUPPORT TO CONTINUE PAST THE AGE OF MAJORITY; OR THE death,        10,257       

marriage, emancipation, enlistment in the armed services,          10,258       

deportation, or change of legal or physical custody of the child.  10,259       

A willful failure to notify the child support enforcement agency   10,260       

as required by this division is contempt of court.  Upon receipt   10,261       

of a notice pursuant to this division, the agency immediately      10,262       

shall conduct an investigation to determine if any reason exists   10,263       

for which the support order should terminate.  THE AGENCY MAY      10,264       

CONDUCT SUCH AN INVESTIGATION REGARDLESS OF WHETHER IT RECEIVED    10,265       

NOTICE UNDER THIS DIVISION.  If the agency so determines THE       10,266       

ORDER SHOULD TERMINATE, it immediately shall notify the court      10,267       

that issued the support order of the reason for which the support  10,268       

order should terminate.                                                         

      (b)  Upon receipt of a notice given pursuant to division     10,270       

(G)(4)(a) of this section, the court shall ORDER THE DIVISION OF   10,271       

CHILD SUPPORT TO impound any funds received for the child          10,273       

pursuant to the support order and THE COURT SHALL set the case     10,275       

for a hearing for a determination of whether the support order     10,276       

                                                          245    

                                                                 
should be terminated or modified or whether the court should take  10,277       

any other appropriate action.                                                   

      (c)  If the court terminates a support order pursuant to     10,279       

divisions (G)(4)(a) and (b) of this section, the termination of    10,280       

the support order also terminates any withholding or deduction     10,281       

order as described in division (D) or (H) of this section that     10,282       

was issued relative to the support order prior to December 31,     10,283       

1993, and any withholding or deduction notice as described in      10,284       

division (D) or court order as described in division (D)(6)(3),    10,286       

(D)(7)(4), or (H) of this section that was issued relative to the  10,289       

support order on or after December 31, 1993.  Upon the             10,290       

termination of any withholding or deduction order or any           10,291       

withholding or deduction notice, the court immediately shall       10,292       

notify the appropriate child support enforcement agency that the   10,293       

order or notice has been terminated, and the agency immediately    10,294       

shall notify each employer, PAYOR OR financial institution, or     10,296       

other person or entity that was required to withhold or deduct a   10,297       

sum of money for the payment of support under the terminated       10,298       

withholding or deduction order or the terminated withholding or    10,299       

deduction notice that the order or notice has been terminated and  10,300       

that it is required to cease all withholding or deduction under    10,301       

the order or notice.                                               10,302       

      (d)  The department of human services shall adopt rules      10,304       

that provide for both of the following:                            10,305       

      (i)  The return to the appropriate person of any funds that  10,307       

a court has ORDERED impounded under division (G)(4)(b) of this     10,308       

section if the support order under which the funds were paid has   10,310       

been terminated pursuant to divisions (G)(4)(a) and (b) of this    10,311       

section;                                                           10,312       

      (ii)  The return to the appropriate person of any other      10,314       

payments made pursuant to a support order if the payments were     10,315       

made at any time after the support order under which the funds     10,316       

were paid has been terminated pursuant to divisions (G)(4)(a) and  10,317       

(b) of this section.                                               10,318       

                                                          246    

                                                                 
      (5)  If any party to a support order requests a              10,320       

modification of the order or if any obligee under a support order  10,321       

or any person on behalf of the obligee files any action to         10,322       

enforce a support order, the court shall notify the child support  10,323       

enforcement agency that is administering the support order or      10,324       

that will administer the order after the court's determination of  10,325       

the request or the action, of the request or the filing.           10,326       

      (6)  When a child support enforcement agency receives any    10,328       

notice under division (G) of section 2151.23, section 2301.37,     10,329       

division (E) of section 3105.18, division (C) of section 3105.21,  10,330       

division (A) of section 3109.05, division (F) of section 3111.13,  10,331       

division (B) of section 3113.04, section 3113.21, section          10,332       

3113.211, section 3113.212, division (K) of section 3113.31, or    10,333       

division (D)(C)(3) of section 3115.22 3115.31 of the Revised       10,335       

Code, it shall issue the most appropriate notices under division   10,336       

(D) of this section.  Additionally, it shall do all of the         10,337       

following:                                                                      

      (a)  If the obligor is subject to a withholding notice       10,339       

issued under division (D)(1) of this section and the notice        10,340       

relates to the obligor's change of employment, send a withholding  10,341       

notice under that division to the new employer of the obligor as   10,342       

soon as the agency obtains knowledge of that employer;             10,343       

      (b)  If the notification received by the agency specifies    10,345       

that a lump-sum payment of five hundred dollars or more is to be   10,346       

paid to the obligor, notify the court of the receipt of the        10,347       

notice and its contents;                                           10,348       

      (c)  Comply with section 3113.212 of the Revised Code, as    10,350       

appropriate.                                                       10,351       

      (H)(1)(a)  For purposes of division (D)(1) of this section,  10,353       

when a person who fails to comply with a support order that is     10,354       

subject to that division derives income from self-employment or    10,355       

commission, is employed by an employer not subject to the          10,356       

jurisdiction of the court, or is in any other employment           10,357       

situation that makes the application of that division              10,358       

                                                          247    

                                                                 
impracticable, the court may require the person to enter into a    10,359       

cash bond to the court in a sum fixed by the court at not less     10,360       

than five hundred nor more than ten thousand dollars, conditioned  10,361       

that the person will make payment as previously ordered.           10,362       

      (b)  When a court determines at a hearing conducted under    10,364       

division (B) of this section, or a child support enforcement       10,365       

agency determines at a hearing or pursuant to an investigation     10,366       

conducted under division (B) of this section, that the obligor     10,367       

under the order in relation to which the hearing or investigation  10,368       

is conducted is unemployed and has no other source of income and   10,369       

no assets so that the application of divisions (B) and (D) of      10,370       

this section would be impracticable, the court shall issue an      10,371       

order as described in division (D)(7)(4) of this section and       10,372       

shall order the obligor to notify the child support enforcement    10,374       

agency in writing immediately upon commencement of employment,     10,375       

including self-employment, of the receipt of workers'              10,376       

compensation payments, of the receipt of any other source of       10,377       

income, or of the opening of an account in a financial             10,378       

institution, and to include in the notification a description of   10,379       

the nature of the employment OR INCOME SOURCE, the name and,       10,381       

business address, AND TELEPHONE NUMBER of the employer OR INCOME   10,382       

SOURCE, and any other information reasonably required by the       10,384       

court.                                                                          

      (2)  When a court determines, at a hearing conducted under   10,386       

division (C)(2) of this section, that an obligor is unemployed,    10,387       

is not receiving workers' compensation payments, does not have an  10,388       

account in a financial institution, and has no other source of     10,389       

income and no assets so that the application of divisions (C)(2)   10,390       

and (D) of this section would be impracticable, the court shall    10,391       

issue an order as described in division (D)(7)(4) of this section  10,393       

and shall order the obligor to notify the child support            10,394       

enforcement agency, in writing, immediately upon commencement of   10,396       

employment, including self-employment, of the receipt of workers'  10,397       

compensation payments, of the receipt of any other source of       10,398       

                                                          248    

                                                                 
income, or of the opening of an account in a financial                          

institution, and to include in the notification a description of   10,399       

the nature of the employment OR INCOME SOURCE, the name and,       10,401       

business address, AND TELEPHONE NUMBER of the employer OR INCOME   10,402       

SOURCE or the name and, address, AND TELEPHONE NUMBER of the       10,403       

financial institution, and any other information reasonably        10,404       

required by the court.                                             10,405       

      (3)(a)  Upon receipt of a notice from a child support        10,407       

enforcement agency under division (G)(6) of this section that a    10,408       

lump-sum payment of five hundred dollars or more is to be paid to  10,409       

the obligor, the court shall do either of the following:           10,410       

      (i)  If the obligor is in default under the support order    10,412       

or has any unpaid arrearages under the support order, issue an     10,413       

order requiring the transmittal of the lump-sum payment to the     10,414       

DIVISION OF child support enforcement agency.                      10,415       

      (ii)  If the obligor is not in default under the support     10,417       

order and does not have any unpaid arrearages under the support    10,418       

order, issue an order directing the person who gave the notice to  10,419       

the court to immediately pay the full amount of the lump-sum       10,420       

payment to the obligor.                                            10,421       

      (b)  Upon receipt of any moneys pursuant to division         10,423       

(H)(3)(a) of this section, a THE DIVISION OF child support         10,424       

enforcement agency shall pay the amount of the lump-sum payment    10,426       

that is necessary to discharge all of the obligor's arrearages to  10,427       

the obligee and, within two business days after its receipt of     10,428       

the money, any amount that is remaining after the payment of the   10,429       

arrearages to the obligor.                                         10,430       

      (c)  Any court that issued an order prior to December 1,     10,432       

1986, requiring an employer to withhold an amount from an          10,433       

obligor's personal earnings for the payment of support shall       10,434       

issue a supplemental order that does not change the original       10,435       

order or the related support order requiring the employer to do    10,436       

all of the following:                                              10,437       

      (i)  No later than the earlier of forty-five days before a   10,439       

                                                          249    

                                                                 
lump-sum payment is to be made or, if the obligor's right to a     10,440       

lump-sum payment is determined less than forty-five days before    10,441       

it is to be made, the date on which that determination is made,    10,442       

notify the child support enforcement agency of any lump-sum        10,443       

payment of any kind of five hundred dollars or more that is to be  10,444       

paid to the obligor;                                               10,445       

      (ii)  Hold the lump-sum payment for thirty days after the    10,447       

date on which it would otherwise be paid to the obligor, if the    10,448       

lump-sum payment is sick pay, a lump-sum payment of retirement     10,449       

benefits or contributions, or profit-sharing payments or           10,450       

distributions;                                                     10,451       

      (iii)  Upon order of the court, pay any specified amount of  10,453       

the lump-sum payment to the DIVISION OF child support enforcement  10,454       

agency.                                                            10,455       

      (d)  If an employer knowingly fails to notify the child      10,457       

support enforcement agency in accordance with division (D) of      10,458       

this section of any lump-sum payment to be made to an obligor,     10,459       

the employer is liable for any support payment not made to the     10,460       

obligee as a result of its knowing failure to give the notice as   10,461       

required by that division.                                         10,462       

      (I)(1)  Any support order, or modification of a support      10,464       

order, that is subject to this section shall contain the date of   10,465       

birth and social security number of the obligor.                   10,466       

      (2)  No withholding or deduction notice described in         10,468       

division (D) or court order described in division (D)(6)(3) or     10,469       

(7)(4) of this section shall contain any information other than    10,471       

the information specifically required by division (A), (B), (C),   10,472       

or (D) of this section or by any other section of the Revised      10,473       

Code and any additional information that the issuing court         10,474       

determines may be necessary to comply with the notice.             10,475       

      (J)  No withholding or deduction notice described in         10,477       

division (D) or court order described in division (D)(6)(3) or     10,478       

(7)(4) of this section and issued under division (A), (B), or (C)  10,480       

of this section or any other section of the Revised Code shall be  10,481       

                                                          250    

                                                                 
terminated solely because the obligor pays any part or all of the  10,483       

arrearages under the support order.                                             

      (K)(1)  Except as provided in division (K)(2) of this        10,485       

section and section 2301.42 of the Revised Code and the rules      10,486       

adopted pursuant to division (C) of that section, if child         10,487       

support arrearages are owed by an obligor to the obligee and to    10,488       

the department of human services, any payments received on the     10,489       

arrearages by the DIVISION OF child support enforcement agency     10,490       

first shall be paid to the obligee until the arrearages owed to    10,491       

the obligee are paid in full.                                      10,492       

      (2)  Division (K)(1) of this section does not apply to the   10,494       

collection of past-due child support from refunds of paid federal  10,495       

taxes pursuant to section 5101.32 of the Revised Code or of        10,496       

overdue child support from refunds of paid state income taxes      10,497       

pursuant to sections 5101.321 and 5747.121 of the Revised Code.    10,498       

      (L)(1)  Each court with jurisdiction to issue support        10,500       

orders OR ORDERS ESTABLISHING THE EXISTENCE OR NONEXISTENCE OF A   10,501       

PARENT AND CHILD RELATIONSHIP shall establish rules of court to    10,502       

ensure that the following percentage of all actions to establish   10,503       

THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP,  10,504       

TO ESTABLISH a support requirement, or to modify a previously      10,505       

issued support order be completed within the following time        10,506       

limits:                                                                         

      (a)  Ninety SEVENTY-FIVE per cent of all of the actions      10,508       

shall be completed within three SIX months after they were         10,509       

initially filed;                                                   10,510       

      (b)  Ninety-eight NINETY per cent of all of the actions      10,512       

shall be completed within six TWELVE months after they were        10,513       

initially filed;                                                   10,514       

      (c)  One hundred per cent of all of the actions shall be     10,516       

completed within twelve months after they were initially filed.    10,517       

      (2)  If a case involves complex legal issues requiring full  10,519       

judicial review, the court shall issue a temporary support order   10,520       

within the time limits set forth in division (L)(1) of this        10,521       

                                                          251    

                                                                 
section, which temporary order shall be in effect until a final    10,522       

support order is issued in the case.  All cases in which the       10,523       

imposition of a notice or order under division (D) of this         10,524       

section is contested shall be completed within the period of time  10,525       

specified by law for completion of the case.  The failure of a     10,526       

court to complete a case within the required period does not       10,527       

affect the ability of any court to issue any order under this      10,528       

section or any other section of the Revised Code for the payment   10,529       

of support, does not provide any defense to any order for the      10,530       

payment of support that is issued under this section or any other  10,531       

section of the Revised Code, and does not affect any obligation    10,532       

to pay support.                                                    10,533       

      (3)(a)  In any Title IV-D case, the judge, when necessary    10,535       

to satisfy the federal requirement of expedited process for        10,536       

obtaining and enforcing support orders, shall appoint referees     10,537       

MAGISTRATES to make findings of fact and recommendations for the   10,539       

judge's approval in the case.  All referees MAGISTRATES appointed  10,540       

pursuant to this division shall be attorneys admitted to the       10,542       

practice of law in this state.  If the court appoints a referee    10,543       

MAGISTRATE pursuant to this division, the court may appoint any    10,545       

additional administrative and support personnel for the referee    10,546       

MAGISTRATE.                                                                     

      (b)  Any referee MAGISTRATE appointed pursuant to division   10,548       

(L)(3)(a) of this section may perform any of the following         10,550       

functions:                                                                      

      (i)  The taking of testimony and keeping of a record in the  10,552       

case;                                                              10,553       

      (ii)  The evaluation of evidence and the issuance of         10,555       

recommendations to establish, modify, and enforce support orders;  10,556       

      (iii)  The acceptance of voluntary acknowledgments of        10,558       

support liability and stipulated agreements setting the amount of  10,559       

support to be paid;                                                10,560       

      (iv)  The entering of default orders if the obligor does     10,562       

not respond to notices in the case within a reasonable time after  10,563       

                                                          252    

                                                                 
the notices are issued;                                            10,564       

      (v)  Any other functions considered necessary by the court.  10,566       

      (4)  The child support enforcement agency may conduct        10,568       

administrative reviews of support orders to obtain voluntary       10,569       

notices or court orders under division (D) of this section and to  10,570       

correct any errors in the amount of any arrearages owed by an      10,571       

obligor.  The obligor and the obligee shall be notified of the     10,572       

time, date, and location of the administrative review at least     10,573       

fourteen days before it is held.                                   10,574       

      (M)(1)  The termination of a support obligation or a         10,576       

support order does not abate the power of any court to collect     10,577       

overdue and unpaid support or to punish any person for a failure   10,578       

to comply with an order of the court or to pay any support as      10,579       

ordered in the terminated support order and does not abate the     10,580       

authority of a child support enforcement agency to issue, in       10,581       

accordance with this section, any notice described in division     10,582       

(D) of this section or of a court to issue, in accordance with     10,583       

this section, any court order as described in division (D)(6)(3)   10,585       

or (7)(4) of this section, to collect any support due or           10,586       

arrearage under the support order.                                 10,588       

      (2)  Any court that has the authority to issue a support     10,590       

order shall have all powers necessary to enforce that support      10,591       

order, and all other powers, set forth in this section.            10,592       

      (3)  Except as provided in division (M)(4) of this section,  10,594       

a court may not retroactively modify an obligor's duty to pay a    10,595       

delinquent support payment.                                        10,596       

      (4)  A court with jurisdiction over a support order may      10,598       

modify an obligor's duty to pay a support payment that becomes     10,599       

due after notice of a petition to modify the support order has     10,600       

been given to each obligee and to the obligor before a final       10,601       

order concerning the petition for modification is entered.         10,602       

      (N)  If an obligor is in default under a support order and   10,604       

has a claim against another person of more than one thousand       10,605       

dollars, the obligor shall notify the child support enforcement    10,606       

                                                          253    

                                                                 
agency of the claim, the nature of the claim, and the name of the  10,607       

person against whom the claim exists.  If an obligor is in         10,608       

default under a support order and has a claim against another      10,609       

person or is a party in an action for any judgment, the child      10,610       

support enforcement agency or the agency's attorney, on behalf of  10,611       

the obligor, immediately shall file with the court in which the    10,612       

action is pending a motion to intervene in the action or a         10,613       

creditor's bill.  The motion to intervene shall be prepared and    10,614       

filed pursuant to Civil Rules 5 and 24(A) and (C).                 10,615       

      Nothing in this division shall preclude an obligee from      10,617       

filing a motion to intervene in any action or a creditor's bill.   10,618       

      (O)  If an obligor is receiving unemployment compensation    10,620       

benefits, an amount may be deducted from those benefits for        10,621       

purposes of child support, in accordance with section 2301.371     10,622       

and division (D)(4) of section 4141.28 of the Revised Code.  Any   10,623       

deduction from a source in accordance with those provisions is in  10,624       

addition to, and does not preclude, any withholding or deduction   10,625       

for purposes of support under divisions (A) to (N) of this         10,626       

section.                                                           10,627       

      (P)  As used in this section, and in sections 3113.211 to    10,629       

3113.217 of the Revised Code:                                      10,630       

      (1)  "Financial institution" means a bank, savings and loan  10,632       

association, or credit union, or a regulated investment company    10,633       

or mutual fund in which a person who is required to pay child      10,634       

support has funds on deposit that are not exempt under the law of  10,635       

this state or the United States from execution, attachment, or     10,636       

other legal process.                                               10,637       

      (2)  "Title IV-D case" means any case in which the child     10,639       

support enforcement agency is enforcing the child support order    10,640       

pursuant to Title IV-D of the "Social Security Act," 88 Stat.      10,641       

2351 (1975), 42 U.S.C. 651, as amended.                            10,642       

      (3)  "Child support enforcement agency" means the child      10,644       

support enforcement agency designated pursuant to section 2301.35  10,645       

of the Revised Code.                                               10,646       

                                                          254    

                                                                 
      (4)  "Obligor" means the person who is required to pay       10,648       

support under a support order.                                     10,649       

      (5)  "Obligee" means the person who is entitled to receive   10,651       

the support payments under a support order.                        10,652       

      (6)  "Support order" means an order for the payment of       10,654       

support and, for orders issued or modified on or after December    10,655       

31, 1993, includes any notices described in division (D) or (H)    10,656       

of this section that are issued in accordance with this section.   10,657       

      (7)  "Support" means child support, spousal support, and     10,659       

support for a spouse or former spouse.                             10,660       

      (8)  "Personal earnings" means compensation paid or payable  10,662       

for personal services, however denominated, and includes, but is   10,663       

not limited to, wages, salary, commissions, bonuses, draws         10,664       

against commissions, profit sharing, and vacation pay.             10,665       

      (9)  "Default" has the same meaning as in section 2301.34    10,667       

of the Revised Code.                                               10,668       

      (10)  "PAYOR" MEANS ANY PERSON OR ENTITY THAT PAYS OR        10,671       

DISTRIBUTES INCOME TO AN OBLIGOR, INCLUDING THE OBLIGOR, IF THE    10,672       

OBLIGOR IS SELF EMPLOYED; AN EMPLOYER; AN EMPLOYER THAT IS PAYING  10,673       

THE OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC           10,674       

EMPLOYEES RETIREMENT BOARD; THE BOARD OF TRUSTEES, OR OTHER        10,675       

GOVERNING ENTITY OF A MUNICIPAL RETIREMENT SYSTEM; THE BOARD OF    10,676       

TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND;  10,677       

THE STATE TEACHERS RETIREMENT BOARD; THE SCHOOL EMPLOYEES          10,678       

RETIREMENT BOARD; THE STATE HIGHWAY PATROL RETIREMENT BOARD; THE   10,679       

BUREAU OF WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY,    10,681       

EXCEPT THE BUREAU OF EMPLOYMENT SERVICES WITH RESPECT TO           10,682       

UNEMPLOYMENT COMPENSATION BENEFITS PAID PURSUANT TO CHAPTER 4141.  10,683       

OF THE REVISED CODE.                                                            

      (Q)  AS USED IN THIS SECTION, "INCOME" MEANS ANY FORM OF     10,686       

MONETARY PAYMENT, INCLUDING PERSONAL EARNINGS; WORKERS'            10,687       

COMPENSATION PAYMENTS; UNEMPLOYMENT COMPENSATION BENEFITS TO THE   10,689       

EXTENT PERMITTED BY, AND IN ACCORDANCE WITH, SECTION 2301.371 OF   10,690       

THE REVISED CODE, DIVISION (D)(4) OF SECTION 4141.28 OF THE        10,692       

                                                          255    

                                                                 
REVISED CODE, AND FEDERAL LAW GOVERNING THE BUREAU OF EMPLOYMENT   10,693       

SERVICES; PENSIONS; ANNUITIES; ALLOWANCES; PRIVATE OR              10,695       

GOVERNMENTAL RETIREMENT BENEFITS; DISABILITY OR SICK PAY;          10,696       

INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, STATE, OR       10,697       

LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE BENEFITS CAN BE   10,698       

WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE BENEFITS; ANY     10,699       

FORM OF TRUST FUND OR ENDOWMENT; LUMP-SUM PAYMENTS; AND ANY OTHER  10,700       

PAYMENT IN MONEY.                                                  10,701       

      Sec. 3113.211.  (A)(1)  For purposes of this section, a      10,710       

withholding or deduction order that was issued prior to December   10,711       

31, 1993, under division (D)(1), (2), (3), (4), or (5) of section  10,712       

3113.21 of the Revised Code as the division existed prior to that  10,713       

date and that has not been terminated on or after December 31,     10,714       

1993, shall be considered to be a withholding or deduction notice  10,715       

issued under division (D)(1), OR (2), (3), (4), or (5) of section  10,717       

3113.21 of the Revised Code.                                       10,718       

      (2)  An employer A PAYOR ordered to withhold a specified     10,720       

amount from the personal earnings INCOME of an employee under a    10,721       

withholding notice issued under division (A), (B), (C), or (D)(1)  10,723       

of section 3113.21 of the Revised Code for purposes of support     10,724       

also may deduct from the personal earnings INCOME of the person,   10,725       

in addition to the amount withheld for purposes of support, a fee  10,727       

of two dollars or an amount not to exceed one per cent of the      10,728       

amount withheld for purposes of support, whichever is greater, as  10,729       

a charge for its services in complying with the withholding        10,730       

requirement included in the withholding notice.  An employer that  10,731       

is paying a person's workers' compensation benefits and that is    10,732       

required to withhold a specified amount from a person's workers'   10,733       

compensation benefits under a withholding notice issued under      10,734       

division (D)(2) of section 3113.21 of the Revised Code for         10,735       

purposes of support also may deduct from the workers'              10,736       

compensation benefits, in addition to the amount withheld for      10,737       

purposes of support, a fee of two dollars or an amount not to      10,738       

exceed one per cent of the amount withheld for purposes of         10,739       

                                                          256    

                                                                 
support, whichever is greater, as a charge for its services in     10,740       

complying with the withholding requirement included in the         10,741       

withholding notice.  A financial institution required to deduct    10,742       

funds from an account under a deduction notice issued under        10,743       

division (D)(5)(2) of section 3113.21 of the Revised Code for      10,745       

purposes of support may deduct from the account of the person, in  10,746       

addition to the amount deducted for purposes of support, a fee of  10,747       

five dollars or an amount not to exceed the lowest rate that it    10,748       

charges, if any, for a debit transaction in a similar account,     10,749       

whichever is less, as a charge for its service in complying with   10,750       

the deduction requirement included in the deduction notice.  The   10,751       

public employees retirement board, the board, board of trustees,   10,752       

or other governing entity of any municipal retirement system, the  10,753       

board of trustees of the police and firemen's disability and       10,754       

pension fund, the state teachers retirement board, the school      10,755       

employees retirement board, the state highway patrol retirement    10,756       

board, and a person paying or otherwise distributing an obligor's  10,757       

income required to withhold or deduct a specified amount from an   10,758       

obligor's pension, annuity, allowance, other benefit, or other     10,759       

source of income under a withholding or deduction notice issued    10,760       

under division (D)(3) or (4) of section 3113.21 of the Revised     10,761       

Code for purposes of support also may deduct from the obligor's    10,762       

pension, annuity, allowance, other benefit, or other source of     10,763       

income, a fee of two dollars or an amount not to exceed one per    10,764       

cent of the amount withheld or deducted, whichever is less, as a   10,765       

charge for its services in complying with the withholding or       10,766       

deduction requirement included in the withholding or deduction     10,767       

notice.                                                            10,768       

      The entire amount withheld or deducted pursuant to a         10,770       

withholding or deduction notice issued under division (D) of       10,771       

section 3113.21 of the Revised Code for purposes of support shall  10,772       

be forwarded to the DIVISION OF child support enforcement agency   10,773       

of the county in which that court is located IN THE DEPARTMENT OF  10,775       

HUMAN SERVICES immediately, but not later than ten SEVEN working   10,777       

                                                          257    

                                                                 
days after, the withholding or deduction, as directed in the       10,779       

withholding or deduction notice.                                                

      (B)  If an employer, a PAYOR OR financial institution, an    10,781       

employer that is paying an obligor's workers' compensation         10,783       

benefits, the public employees retirement board, the board, board  10,784       

of trustees, or other governing entity of any municipal            10,785       

retirement system, the board of trustees of the police and         10,786       

firemen's disability and pension fund, the state teachers          10,787       

retirement board, the school employees retirement board, the       10,788       

state highway patrol retirement board, the person paying or        10,789       

otherwise distributing an obligor's income, or the bureau of       10,790       

workers' compensation is required to withhold or deduct a          10,791       

specified amount from the personal earnings, payments, pensions,   10,792       

annuities, allowances, benefits, other sources of income, or       10,793       

savings of more than one obligor under a withholding or deduction  10,794       

notice issued under division (D) of section 3113.21 of the         10,795       

Revised Code and is required to forward the amounts withheld or    10,796       

deducted to the same DIVISION OF child support enforcement         10,798       

agency, the employer, the public employees retirement board, the   10,799       

board, board of trustees, or other governing entity of any         10,800       

municipal retirement system, the board of trustees of the police   10,801       

and firemen's disability and pension fund, the state teachers      10,802       

retirement board, the school employees retirement board, the       10,803       

state highway patrol retirement board, the person paying or                     

otherwise distributing an obligor's income, PAYOR OR the           10,804       

financial institution, the employer that is paying an obligor's    10,805       

workers' compensation benefits, or the bureau of workers'          10,806       

compensation may combine all of the amounts to be forwarded in     10,807       

one payment, provided the payment is accompanied by a list that    10,808       

clearly identifies each obligor who is covered by the payment and  10,809       

the portion of the payment that is attributable to that obligor.   10,810       

      (C)  Upon receipt of any amount forwarded from an employer,  10,812       

a PAYOR OR financial institution, an employer that is paying a     10,813       

person's workers' compensation benefits, the public employees      10,815       

                                                          258    

                                                                 
retirement board, the board, board of trustees, or other           10,816       

governing entity of any municipal retirement system, the board of  10,817       

trustees of the police and firemen's disability and pension fund,  10,818       

the state teachers retirement board, the school employees          10,819       

retirement board, the state highway patrol retirement board, the   10,820       

person paying or otherwise distributing an obligor's income, or    10,821       

the bureau of workers' compensation under this section, a clerk    10,822       

of court or THE DIVISION OF child support enforcement agency       10,823       

shall distribute the amount to the obligee within two business     10,825       

days of its receipt of the amount forwarded.  The department of    10,826       

human services may adopt, revise, or amend rules under Chapter     10,827       

119. of the Revised Code to assist the clerk of court or child     10,828       

support enforcement agency in the implementation of this           10,829       

division.                                                                       

      (D)  A PAYOR OR FINANCIAL INSTITUTION SHALL NOT BE SUBJECT   10,831       

TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN ACCORDANCE WITH  10,832       

THIS SECTION, WITH A WITHHOLDING OR DEDUCTION NOTICE ISSUED        10,833       

PURSUANT TO DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE.   10,834       

      Sec. 3113.212.  (A)  When a court has issued a support       10,843       

order, when the court or a child support enforcement agency has    10,844       

issued one or more notices containing one or more of the           10,845       

requirements described in division (D) of section 3113.21 of the   10,846       

Revised Code or when a court has issued one or more court orders   10,847       

described in division (D)(6)(3) or (7)(4) of that section, and     10,849       

when either the child support enforcement agency receives a        10,850       

notification as described in division (D), (G), or (H) of section  10,851       

3113.21 of the Revised Code that pertains to a change in the       10,852       

employment status, status of the workers' compensation payments,   10,853       

status of the pension, annuity, allowance, benefit, or other       10,854       

source of income, or status of accounts in a financial             10,855       

institution of the obligor or the child support enforcement        10,856       

agency otherwise determines that the employment status, status of  10,857       

the workers' compensation payments, status of the pension,         10,858       

annuity, allowance, benefit, or other source of income, or status  10,859       

                                                          259    

                                                                 
of accounts in a financial institution of the obligor has          10,860       

changed, the child support enforcement agency immediately shall    10,861       

conduct an investigation to determine the obligor's present        10,862       

employment status, his employer's address, whether he has any      10,863       

other source of income or assets, and the obligor's address and    10,864       

social security number and shall issue one or more notices         10,865       

described in division (D) of section 3113.21 of the Revised Code   10,866       

that it determines are appropriate.  If the agency determines      10,867       

that no notice of the type described in division (D)(1) to (5) OR  10,869       

(2) of that section would be appropriate, the agency may request   10,870       

the court to issue a court order under division (D)(6)(3) or       10,872       

(7)(4) of that section, and, upon the request, the court may       10,873       

issue an order as described in that division.  The notices and     10,874       

court orders are final and are enforceable by the court.  The      10,875       

notices shall be mailed within fifteen days after the obligor      10,876       

under the support order is located or within fifteen days after    10,877       

the default under the support order, whichever is applicable.      10,878       

      If the court or child support enforcement agency previously  10,880       

has issued one or more notices containing one or more of the       10,881       

requirements described in division (D) of section 3113.21 of the   10,882       

Revised Code or the court previously has issued one or more court  10,883       

orders described in division (D)(6)(3) or (7)(4) of that section   10,885       

and the child support enforcement agency determines that any of    10,886       

the requirements or court orders no longer are appropriate due to  10,887       

the change, the agency immediately shall cancel any previously     10,888       

issued notice, and the court shall cancel any previously issued    10,889       

court order that no longer is appropriate, the agency shall send   10,890       

written notice of the cancellation by regular mail to the person   10,891       

who was required to comply with the withholding, deduction, or     10,892       

other requirement contained in the canceled notice or court        10,893       

order, and the agency shall issue one or more new notices          10,894       

containing one or more requirements described in division (D) of   10,895       

section 3113.21 of the Revised Code that it determines are         10,896       

appropriate.  If the agency determines that no notice of the type  10,897       

                                                          260    

                                                                 
described in division (D)(1) to (5) OR (2) of that section would   10,899       

be appropriate, the agency may request the court to issue a court  10,900       

order under division (D)(6)(3) or (7)(4) of that section, and,     10,902       

upon the request, the court may issue an order as described in     10,903       

that division.  The notices and court orders are final and are     10,904       

enforceable by the court.  The notices shall be mailed within      10,905       

fifteen days after the obligor under the support order is located  10,906       

or within fifteen days after the default under the support order,  10,907       

whichever is applicable.                                           10,908       

      (B)  When a court or child support enforcement agency has    10,910       

issued one or more notices containing one or more of the           10,911       

requirements described in division (D)(2), (3), (4), or (5) of     10,912       

section 3113.21 of the Revised Code REQUIRING WITHHOLDING BY A     10,913       

PAYOR THAT IS NOT AN EMPLOYER OR REQUIRING DEDUCTION BY A          10,914       

FINANCIAL INSTITUTION or a court has issued one or more court      10,916       

orders described in division (D)(6)(3) or (7)(4) of that section   10,918       

and the agency is informed that the obligor has commenced                       

employment, the agency shall issue a notice requiring the          10,919       

withholding of an amount from the person's personal earnings for   10,920       

support, in accordance with division (D)(1) of section 3113.21 of  10,921       

the Revised Code.  The notice is final and is enforceable by the   10,922       

court.  Additionally, if the court or agency determines that       10,923       

payments due under the support order have not been made and that   10,924       

the amount that has not been paid is at least equal to the         10,925       

support owed for one month under the support order, the court      10,926       

shall proceed to collect on any cash bond AND SHALL ORDER IT PAID  10,927       

TO THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN        10,928       

SERVICES.                                                                       

      (C)  If a child support enforcement agency sends a notice    10,930       

imposing a withholding or deduction requirement or a court sends   10,931       

a court order imposing any other appropriate requirement to a      10,932       

person under division (A) or (B) of this section, the notice or    10,933       

court order, for purposes of sections 3113.21 to 3113.219 of the   10,934       

Revised Code, also shall be considered to have been issued under   10,935       

                                                          261    

                                                                 
division (D) of section 3113.21 of the Revised Code.  The notice   10,936       

or court order is final and is enforceable by the court.           10,937       

      (D)  If a child support enforcement agency sends a notice    10,939       

imposing a withholding or deduction requirement or any other       10,940       

appropriate requirement to a person under division (A) or (B) of   10,941       

this section or under section 3113.21 of the Revised Code and if   10,942       

the employer, the PAYOR OR financial institution, the employer     10,944       

that is paying the obligor's workers' compensation benefits, the   10,945       

public employees retirement board, the board, board of trustees,   10,946       

or other governing entity of the municipal retirement system, the  10,947       

board of trustees of the police and firemen's disability and       10,948       

pension fund, the state teachers retirement board, the school      10,949       

employees retirement board, the state highway patrol retirement    10,950       

board, the person paying or otherwise distributing an obligor's    10,951       

income, or the bureau of workers' compensation that is sent the    10,952       

withholding, deduction, or other appropriate notice fails to       10,953       

comply with the notice, the child support enforcement agency       10,954       

shall request the court to issue a court order requiring the       10,955       

employer, the PAYOR OR financial institution, the employer that    10,957       

is paying the obligor's workers' compensation benefits, the        10,958       

public employees retirement board, the board, board of trustees,   10,959       

or other governing entity of the municipal retirement system, the  10,960       

board of trustees of the police and firemen's disability and       10,961       

pension fund, the state teachers retirement board, the school      10,962       

employees retirement board, the state highway patrol retirement    10,963       

board, the person paying or otherwise distributing an obligor's    10,964       

income, or the bureau of workers' compensation to comply with the  10,965       

withholding, deduction, or other appropriate notice sent by the    10,966       

agency immediately or be held in contempt of court.  If the court  10,967       

issues the requested order and if the employer, the PAYOR OR       10,968       

financial institution, the employer that is paying the obligor's   10,970       

workers' compensation benefits, the public employees retirement    10,971       

board, the board, board of trustees, or other governing entity of  10,972       

the municipal retirement system, the board of trustees of the      10,973       

                                                          262    

                                                                 
police and firemen's disability and pension fund, the state        10,974       

teachers retirement board, the school employees retirement board,  10,975       

the state highway patrol retirement board, the person paying or    10,976       

otherwise distributing an obligor's income, or the bureau of       10,977       

workers' compensation does not comply with the withholding,        10,978       

deduction, or other appropriate order of the agency that is the    10,979       

subject of the court order immediately, it is in contempt of       10,980       

court.                                                             10,981       

      Sec. 3113.213.  (A)(1)  For purposes of this section, a      10,990       

withholding or deduction order that was issued prior to December   10,991       

31, 1993, under division (D)(1), (2), (4), or (5) of section       10,992       

3113.21 of the Revised Code as the division existed prior to that  10,993       

date and that has not been terminated on or after December 31,     10,994       

1993, shall be considered to be a withholding or deduction notice  10,995       

issued under division (D)(1), OR (2), (4), or (5) of section       10,997       

3113.21 of the Revised Code.                                       10,998       

      (2)  The failure of any person to send any notification      11,000       

required by division (D) or (H) of section 3113.21 of the Revised  11,001       

Code shall be considered as contempt of court.                     11,002       

      (B)  An employer A PAYOR that fails to withhold an amount    11,004       

from an obligor's personal earnings INCOME for support in          11,006       

accordance with a withholding requirement included in a            11,008       

withholding notice issued under division (D)(1) of section         11,009       

3113.21 of the Revised Code, an employer that is paying an         11,010       

obligor's workers' compensation benefits and that fails to         11,011       

withhold the obligor's workers' compensation benefits for support  11,012       

in accordance with a withholding requirement included in a         11,013       

withholding notice issued under division (D)(2) of section         11,014       

3113.21 of the Revised Code, OR a financial institution that       11,015       

fails to deduct funds from an obligor's account for support in     11,016       

accordance with a deduction requirement included in a deduction    11,017       

notice issued under division (D)(5)(2) of section 3113.21 of the   11,018       

Revised Code, or any other person that fails to withhold or        11,020       

deduct an amount from the income of an obligor in accordance with  11,021       

                                                          263    

                                                                 
a withholding or deduction requirement included in a withholding   11,022       

or deduction notice issued under division (D)(4) of section        11,023       

3113.21 of the Revised Code is liable for the amount that was not  11,024       

withheld or deducted, provided that no PAYOR THAT IS AN employer   11,025       

whose normal pay and disbursement cycles make it impossible to     11,027       

comply with a withholding requirement contained in a withholding   11,028       

notice issued under division (D)(1) of section 3113.21 of the      11,029       

Revised Code shall be liable for the amount not withheld if the    11,030       

employer, as soon as possible after the employer's receipt of the  11,031       

withholding notice, provides the court or child support            11,032       

enforcement agency that issued the notice with written notice of   11,033       

the impossibility and the reasons for the impossibility.  An       11,034       

employer who is liable under this provision for an amount that     11,035       

was not withheld shall be ordered by the court to pay that amount  11,036       

to the clerk of the court or the DIVISION OF child support         11,037       

enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES, to be      11,038       

disbursed in accordance with the support order for the benefit of  11,040       

the child or spouse.                                                            

      (C)  The court may fine an employer A PAYOR not more than    11,042       

two hundred dollars for failure to withhold personal earnings      11,043       

INCOME or to notify the court or child support enforcement agency  11,045       

that an obligor has terminated employment, has been laid off, has  11,046       

taken a leave of absence without pay, has entered into another A   11,047       

situation in which HAS OCCURRED CAUSING the employer has ceased    11,048       

PAYOR to pay personal earnings CEASE PAYING INCOME in an amount    11,050       

sufficient to comply with the order to the obligor, or, IN CASES   11,051       

IN WHICH THE OBLIGOR IS AN EMPLOYER, THE OBLIGOR is receiving or   11,052       

is eligible to receive a benefit of employment other than          11,053       

personal earnings, as required by a withholding notice issued      11,054       

under division (D)(1) of section 3113.21 of the Revised Code.      11,055       

The court may fine an employer that is paying an obligor's                      

workers' compensation benefits not more than two hundred dollars   11,056       

for failure to withhold an obligor's workers' compensation         11,057       

benefits or to notify the court or child support enforcement       11,058       

                                                          264    

                                                                 
agency of any termination in the payment of the obligor's          11,059       

workers' compensation benefits, as required by a withholding       11,060       

notice issued under division (D)(2) of section 3113.21 of the      11,061       

Revised Code.  The court may fine a person who is paying or        11,062       

otherwise distributing the income of an obligor not more than two  11,063       

hundred dollars for failure to withhold or deduct an amount from   11,064       

the income of the obligor or to notify the court or child support  11,065       

enforcement agency of the termination of that income, as required  11,066       

by a withholding or deduction notice issued under division (D)(4)  11,067       

of section 3113.21 of the Revised Code.  The court may fine a      11,068       

financial institution not more than two hundred dollars for        11,069       

failure to deduct funds from an account or to notify the court or  11,070       

child support enforcement agency of the termination of an account  11,071       

from which funds are being deducted or the opening of a new        11,072       

account, as required by a deduction notice issued under division   11,073       

(D)(5)(2) of section 3113.21 of the Revised Code.                  11,074       

      (D)  No PAYOR THAT IS AN employer may use a requirement to   11,076       

withhold personal earnings contained in a withholding notice       11,078       

issued under division (D)(1) of section 3113.21 of the Revised     11,079       

Code, as a basis for a discharge of, or for any disciplinary       11,080       

action against, an employee, or as a basis for a refusal to        11,081       

employ a person.  The court may fine an employer who so            11,082       

discharges or takes disciplinary action against an employee, or    11,083       

refuses to employ a person, not more than five hundred dollars.    11,084       

      Sec. 3113.215.  (A)  As used in this section:                11,094       

      (1)  "Income" means either of the following:                 11,096       

      (a)  For a parent who is employed to full capacity, the      11,098       

gross income of the parent;                                        11,099       

      (b)  For a parent who is unemployed or underemployed, the    11,101       

sum of the gross income of the parent, and any potential income    11,102       

of the parent.                                                     11,103       

      (2)  "Gross income" means, except as excluded in this        11,105       

division, the total of all earned and unearned income from all     11,106       

sources during a calendar year, whether or not the income is       11,107       

                                                          265    

                                                                 
taxable, and includes, but is not limited to, income from          11,108       

salaries, wages, overtime pay and bonuses to the extent described  11,109       

in division (B)(5)(d) of this section, commissions, royalties,     11,110       

tips, rents, dividends, severance pay, pensions, interest, trust   11,111       

income, annuities, social security benefits, workers'              11,112       

compensation benefits, unemployment insurance benefits,            11,113       

disability insurance benefits, benefits received by and in the     11,114       

possession of the veteran who is the beneficiary for any           11,115       

service-connected disability under a program or law administered   11,116       

by the United States department of veterans' affairs or veterans'  11,117       

administration, spousal support actually received from a person    11,118       

not a party to the support proceeding for which actual gross       11,119       

income is being determined, and all other sources of income;       11,120       

income of members of any branch of the United States armed         11,121       

services or national guard, including, but not limited to,                      

amounts representing base pay, basic allowance for quarters,       11,122       

basic allowance for subsistence, supplemental subsistence          11,123       

allowance, cost of living adjustment, specialty pay, variable      11,124       

housing allowance, and pay for training or other types of          11,125       

required drills; self-generated income; and potential cash flow    11,126       

from any source.                                                   11,127       

      "Gross income" does not include any benefits received from   11,129       

means-tested public assistance programs, including, but not        11,130       

limited to, aid to families with dependent children, supplemental  11,131       

security income, food stamps, or disability assistance, does not   11,133       

include any benefits for any service-connected disability under a  11,134       

program or law administered by the United States department of     11,135       

veterans' affairs or veterans' administration that have not been   11,136       

distributed to the veteran who is the beneficiary of the benefits  11,137       

and that are in the possession of the United States department of  11,138       

veterans' affairs or veterans' administration, does not include    11,139       

any child support received for children who were not born or       11,140       

adopted during the marriage at issue, does not include amounts     11,141       

paid for mandatory deductions from wages other than taxes, social  11,142       

                                                          266    

                                                                 
security, or retirement in lieu of social security, including,     11,143       

but not limited to, union dues, and does not include nonrecurring  11,144       

or unsustainable income or cash flow items.                        11,145       

      (3)  "Self-generated income" means gross receipts received   11,147       

by a parent from self-employment, proprietorship of a business,    11,148       

joint ownership of a partnership or closely held corporation, and  11,149       

rents minus ordinary and necessary expenses incurred by the        11,150       

parent in generating the gross receipts.  "Self-generated income"  11,151       

includes expense reimbursements or in-kind payments received by a  11,152       

parent from self-employment, the operation of a business, or       11,153       

rents, including, but not limited to, company cars, free housing,  11,154       

reimbursed meals, and other benefits, if the reimbursements are    11,155       

significant and reduce personal living expenses.                   11,156       

      (4)(a)  "Ordinary and necessary expenses incurred in         11,158       

generating gross receipts" means actual cash items expended by     11,159       

the parent or the parent's business and includes depreciation      11,161       

expenses of replacement business equipment as shown on the books   11,162       

of a business entity.                                              11,163       

      (b)  Except as specifically included in "ordinary and        11,165       

necessary expenses incurred in generating gross receipts" by       11,166       

division (A)(4)(a) of this section, "ordinary and necessary        11,167       

expenses incurred in generating gross receipts" does not include   11,168       

depreciation expenses and other noncash items that are allowed as  11,169       

deductions on any federal tax return of the parent or the          11,170       

parent's business.                                                 11,171       

      (5)  "Potential income" means both of the following for a    11,173       

parent that the court, or a child support enforcement agency       11,174       

pursuant to sections 3111.20, 3111.21 3111.211, and 3111.22 of     11,175       

the Revised Code, determines is voluntarily unemployed or          11,177       

voluntarily underemployed:                                         11,178       

      (a)  Imputed income that the court or agency determines the  11,180       

parent would have earned if fully employed as determined from the  11,181       

parent's employment potential and probable earnings based on the   11,182       

parent's recent work history, the parent's occupational            11,183       

                                                          267    

                                                                 
qualifications, and the prevailing job opportunities and salary    11,184       

levels in the community in which the parent resides;               11,185       

      (b)  Imputed income from any nonincome-producing assets of   11,187       

a parent, as determined from the local passbook savings rate or    11,188       

another appropriate rate as determined by the court or agency,     11,189       

not to exceed the rate of interest specified in division (A) of    11,190       

section 1343.03 of the Revised Code, if the income is              11,191       

significant.                                                       11,192       

      (6)  "Child support order" means an order for the payment    11,194       

of child support.                                                  11,195       

      (7)  "Combined gross income" means the combined gross        11,197       

income of both parents.                                            11,198       

      (8)  "Split parental rights and responsibilities" means a    11,200       

situation in which there is more than one child who is the         11,201       

subject of an allocation of parental rights and responsibilities   11,202       

and each parent is the residential parent and legal custodian of   11,203       

at least one of those children.                                    11,204       

      (9)  "Schedule" means the basic child support schedule set   11,206       

forth in division (D) of this section.                             11,207       

      (10)  "Worksheet" means the applicable worksheet that is     11,209       

used to calculate a parent's child support obligation and that is  11,210       

set forth in divisions (E) and (F) of this section.                11,211       

      (11)  "Nonrecurring or unsustainable income or cash flow     11,213       

item" means any income or cash flow item that the parent receives  11,214       

in any year or for any number of years not to exceed three years   11,215       

and that the parent does not expect to continue to receive on a    11,216       

regular basis.  "Nonrecurring or unsustainable income or cash      11,217       

flow item" does not include a lottery prize award that is not      11,218       

paid in a lump sum or any other item of income or cash flow that   11,219       

the parent receives or expects to receive for each year for a      11,220       

period of more than three years or that the parent receives and    11,221       

invests or otherwise utilizes to produce income or cash flow for   11,222       

a period of more than three years.                                 11,223       

      (12)  "Extraordinary medical expenses" means any uninsured   11,225       

                                                          268    

                                                                 
medical expenses that are incurred for a child during a calendar   11,226       

year and that exceed one hundred dollars for that child during     11,227       

that calendar year.                                                11,228       

      (B)(1)  In any action in which a child support order is      11,230       

issued or modified under Chapter 3115. or section 2151.23,         11,231       

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   11,233       

3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31  11,234       

of the Revised Code, in any other proceeding in which the court    11,235       

determines the amount of child support that will be ordered to be  11,236       

paid pursuant to a child support order, or when a child support    11,237       

enforcement agency determines the amount of child support that     11,238       

will be paid pursuant to an administrative child support order     11,239       

issued pursuant to sections 3111.20, 3111.21 3111.211, and         11,240       

3111.22 of the Revised Code, the court or agency shall calculate   11,242       

the amount of the obligor's child support obligation in            11,243       

accordance with the basic child support schedule in division (D)   11,244       

of this section, the applicable worksheet in division (E) or (F)   11,245       

of this section, and the other provisions of this section, shall   11,246       

specify the support obligation as a monthly amount due, and shall  11,247       

order the support obligation to be paid in periodic increments as  11,248       

it determines to be in the best interest of the children.  In      11,249       

performing its duties under this section, the court or agency is   11,250       

not required to accept any calculations in a worksheet prepared    11,251       

by any party to the action or proceeding.  In any action or        11,252       

proceeding in which the court determines the amount of child       11,253       

support that will be ordered to be paid pursuant to a child        11,254       

support order or when a child support enforcement agency           11,255       

determines the amount of child support that will be paid pursuant  11,256       

to an administrative child support order issued pursuant to        11,257       

sections 3111.20, 3111.21 3111.211, and 3111.22 of the Revised     11,258       

Code, the amount of child support that would be payable under a    11,259       

child support order, as calculated pursuant to the basic child     11,260       

support schedule in division (D) of this section and pursuant to   11,261       

the applicable worksheet in division (E) of this section, through  11,262       

                                                          269    

                                                                 
line 24, or in division (F) of this section, through line 23, is   11,263       

rebuttably presumed to be the correct amount of child support      11,264       

due, and the court or agency shall order that amount to be paid    11,265       

as child support unless both of the following apply with respect   11,266       

to an order issued by a court:                                     11,267       

      (a)  The court, after considering the factors and criteria   11,269       

set forth in division (B)(3) of this section, determines that the  11,270       

amount calculated pursuant to the basic child support schedule     11,271       

and pursuant to the applicable worksheet in division (E) of this   11,272       

section, through line 24, or in division (F) of this section,      11,273       

through line 23, would be unjust or inappropriate and would not    11,274       

be in the best interest of the child.                              11,275       

      (b)  The court enters in the journal the amount of child     11,277       

support calculated pursuant to the basic child support schedule    11,278       

and pursuant to the applicable worksheet in division (E) of this   11,279       

section, through line 24, or in division (F) of this section,      11,280       

through line 23, its determination that that amount would be       11,281       

unjust or inappropriate and would not be in the best interest of   11,282       

the child, and findings of fact supporting that determination.     11,283       

      (2)  In determining the amount of child support to be paid   11,285       

under any child support order, the court, upon its own             11,286       

recommendation or upon the recommendation of the child support     11,287       

enforcement agency, shall or the child support enforcement         11,288       

agency, pursuant to sections 3111.20, 3111.21 3111.211, and        11,289       

3111.22 of the Revised Code, shall do all of the following:        11,292       

      (a)  If the combined gross income of both parents is less    11,294       

than six thousand six hundred dollars per year, the court or       11,295       

agency shall determine the amount of the obligor's child support   11,296       

obligation on a case-by-case basis using the schedule as a         11,297       

guideline.  The court or agency shall review the obligor's gross   11,298       

income and living expenses to determine the maximum amount of      11,299       

child support that it reasonably can order without denying the     11,300       

obligor the means for self-support at a minimum subsistence level  11,301       

and shall order a specific amount of child support, unless the     11,302       

                                                          270    

                                                                 
obligor proves to the court or agency that the obligor is totally  11,303       

unable to pay child support and the court or agency determines     11,304       

that it would be unjust or inappropriate to order the payment of   11,305       

child support and enters its determination and supporting          11,306       

findings of fact in the journal.                                   11,307       

      (b)  If the combined gross income of both parents is         11,309       

greater than one hundred fifty thousand dollars per year, the      11,310       

court or agency shall determine the amount of the obligor's child  11,311       

support obligation on a case-by-case basis and shall consider the  11,312       

needs and the standard of living of the children who are the       11,313       

subject of the child support order and of the parents.  When the   11,314       

court or agency determines the amount of the obligor's child       11,315       

support obligation for parents with a combined gross income        11,316       

greater than one hundred fifty thousand dollars, the court or      11,317       

agency shall compute a basic combined child support obligation     11,318       

that is no less than the same percentage of the parents' combined  11,319       

annual income that would have been computed under the basic child  11,320       

support schedule and under the applicable worksheet in division    11,321       

(E) of this section, through line 24, or in division (F) of this   11,322       

section, through line 23, for a combined gross income of one       11,323       

hundred fifty thousand dollars, unless the court or agency         11,324       

determines that it would be unjust or inappropriate and would not  11,325       

be in the best interest of the child, obligor, or obligee to       11,326       

order that amount and enters in the journal the figure,            11,327       

determination, and findings.                                       11,328       

      (c)  The court shall not order an amount of child support    11,330       

that deviates from the amount of child support that would          11,331       

otherwise result from the use of the basic child support schedule  11,332       

and the applicable worksheet in division (E) of this section,      11,333       

through line 24, or in division (F) of this section, through line  11,334       

23, unless both of the following apply:                            11,335       

      (i)  The court, after considering the factors and criteria   11,337       

set forth in division (B)(3) of this section, determines that the  11,338       

amount calculated pursuant to the basic child support schedule     11,339       

                                                          271    

                                                                 
and pursuant to the applicable worksheet in division (E) of this   11,340       

section, through line 24, or in division (F) of this section,      11,341       

through line 23, would be unjust or inappropriate and would not    11,342       

be in the best interest of the child;                              11,343       

      (ii)  The court enters in the journal the amount of child    11,345       

support calculated pursuant to the basic child support schedule    11,346       

and pursuant to the applicable worksheet in division (E) of this   11,347       

section, through line 24, or in division (F) of this section,      11,348       

through line 23, its determination that that amount would be       11,349       

unjust or inappropriate and would not be in the best interest of   11,350       

the child, and findings of fact supporting that determination.     11,351       

      (3)  The court, in accordance with divisions (B)(1) and      11,353       

(2)(c) of this section, may deviate from the amount of support     11,354       

that otherwise would result from the use of the schedule and the   11,355       

applicable worksheet in division (E) of this section, through      11,356       

line 24, or in division (F) of this section, through line 23, in   11,357       

cases in which the application of the schedule and the applicable  11,358       

worksheet in division (E) of this section, through line 24, or in  11,359       

division (F) of this section, through line 23, would be unjust or  11,360       

inappropriate and would not be in the best interest of the child.  11,361       

In determining whether that amount would be unjust or              11,362       

inappropriate and would not be in the best interest of the child,  11,363       

the court may consider any of the following factors and criteria:  11,364       

      (a)  Special and unusual needs of the children;              11,366       

      (b)  Extraordinary obligations for minor children or         11,368       

obligations for handicapped children who are not stepchildren and  11,369       

who are not offspring from the marriage or relationship that is    11,370       

the basis of the immediate child support determination;            11,371       

      (c)  Other court-ordered payments;                           11,373       

      (d)  Extended times of visitation or extraordinary costs     11,375       

associated with visitation, provided that this division does not   11,376       

authorize and shall not be construed as authorizing any deviation  11,377       

from the schedule and the applicable worksheet in division (E) of  11,378       

this section, through line 24, or in division (F) of this          11,379       

                                                          272    

                                                                 
section, through line 23, or any escrowing, impoundment, or        11,380       

withholding of child support because of a denial of or             11,381       

interference with a right of companionship or visitation granted   11,382       

by court order;                                                    11,383       

      (e)  The obligor obtains additional employment after a       11,385       

child support order is issued in order to support a second         11,386       

family;                                                            11,387       

      (f)  The financial resources and the earning ability of the  11,389       

child;                                                             11,390       

      (g)  Disparity in income between parties or households;      11,392       

      (h)  Benefits that either parent receives from remarriage    11,394       

or sharing living expenses with another person;                    11,395       

      (i)  The amount of federal, state, and local taxes actually  11,397       

paid or estimated to be paid by a parent or both of the parents;   11,398       

      (j)  Significant in-kind contributions from a parent,        11,400       

including, but not limited to, direct payment for lessons, sports  11,401       

equipment, schooling, or clothing;                                 11,402       

      (k)  The relative financial resources, other assets and      11,404       

resources, and needs of each parent;                               11,405       

      (l)  The standard of living and circumstances of each        11,407       

parent and the standard of living the child would have enjoyed     11,408       

had the marriage continued or had the parents been married;        11,409       

      (m)  The physical and emotional condition and needs of the   11,411       

child;                                                             11,412       

      (n)  The need and capacity of the child for an education     11,414       

and the educational opportunities that would have been available   11,415       

to the child had the circumstances requiring a court order for     11,416       

support not arisen;                                                11,417       

      (o)  The responsibility of each parent for the support of    11,419       

others;                                                            11,420       

      (p)  Any other relevant factor.                              11,422       

      The court may accept an agreement of the parents that        11,424       

assigns a monetary value to any of the factors and criteria        11,425       

listed in division (B)(3) of this section that are applicable to   11,426       

                                                          273    

                                                                 
their situation.                                                   11,427       

      (4)  If an obligor or obligee under a child support order    11,429       

requests the court to modify the amount of support required to be  11,430       

paid pursuant to the child support order, the court shall          11,431       

recalculate the amount of support that would be required to be     11,432       

paid under the support order in accordance with the schedule and   11,433       

pursuant to the applicable worksheet in division (E) of this       11,434       

section, through line 24, or in division (F) of this section,      11,435       

through line 23, and if that amount as recalculated is more than   11,436       

ten per cent greater than or more than ten per cent less than the  11,437       

amount of child support that is required to be paid pursuant to    11,438       

the existing child support order, the deviation from the           11,439       

recalculated amount that would be required to be paid under the    11,440       

schedule and the applicable worksheet in division (E) of this      11,441       

section, through line 24, or in division (F) of this section,      11,442       

through line 23, shall be considered by the court as a change of   11,443       

circumstance that is substantial enough to require a modification  11,444       

of the amount of the child support order.  In determining          11,445       

pursuant to this division the recalculated amount of support that  11,446       

would be required to be paid under the support order for purposes  11,447       

of determining whether that recalculated amount is more than ten   11,448       

per cent greater than or more than ten per cent less than the      11,449       

amount of child support that is required to be paid pursuant to    11,450       

the existing child support order, the court shall consider, in     11,451       

addition to all other factors required by law to be considered,    11,452       

the cost of health insurance which the obligor, the obligee, or    11,453       

both the obligor and the obligee have been ordered to obtain for   11,454       

the children specified in the order.  Additionally, if an obligor  11,455       

or obligee under a child support order requests the court to       11,456       

modify the amount of support required to be paid pursuant to the   11,457       

child support order and if the court determines that the amount    11,458       

of support does not adequately meet the medical needs of the       11,459       

child, the inadequate coverage shall be considered by the court    11,460       

as a change of circumstance that is substantial enough to require  11,461       

                                                          274    

                                                                 
a modification of the amount of the child support order.   If the  11,462       

court determines that the amount of child support required to be   11,463       

paid under the child support order should be changed due to a      11,464       

substantial change of circumstances that was not contemplated at   11,465       

the time of the issuance of the original child support order or    11,466       

the last modification of the child support order, the court shall  11,467       

modify the amount of child support required to be paid under the   11,468       

child support order to comply with the schedule and the            11,469       

applicable worksheet in division (E) of this section, through      11,470       

line 24, or in division (F) of this section, through line 23,      11,471       

unless the court determines that the amount calculated pursuant    11,472       

to the basic child support schedule and pursuant to the            11,473       

applicable worksheet in division (E) of this section, through      11,474       

line 24, or in division (F) of this section, through line 23,      11,475       

would be unjust or inappropriate and would not be in the best      11,476       

interest of the child and enters in the journal the figure,        11,477       

determination, and findings specified in division (B)(2)(c) of     11,478       

this section.                                                      11,479       

      (5)  When a court computes the amount of child support       11,481       

required to be paid under a child support order or a child         11,482       

support enforcement agency computes the amount of child support    11,483       

to be paid pursuant to an administrative child support order       11,484       

issued pursuant to section 3111.20, 3111.21 3111.211, or 3111.22   11,486       

of the Revised Code, all of the following apply:                   11,488       

      (a)  The parents shall verify current and past income and    11,490       

personal earnings with suitable documents, including, but not      11,491       

limited to, paystubs, employer statements, receipts and expense    11,492       

vouchers related to self-generated income, tax returns, and all    11,493       

supporting documentation and schedules for the tax returns.        11,494       

      (b)  The amount of any pre-existing child support            11,496       

obligation of a parent under a child support order and the amount  11,497       

of any court-ordered spousal support paid to a former spouse       11,498       

shall be deducted from the gross income of that parent to the      11,499       

extent that payment under the child support order or that payment  11,500       

                                                          275    

                                                                 
of the court-ordered spousal support is verified by supporting     11,501       

documentation.                                                     11,502       

      (c)  If other minor children who were born to the parent     11,505       

and a person other than the other parent who is involved in the    11,507       

immediate child support determination live with the parent, the    11,508       

court or agency shall deduct an amount from that parent's gross    11,509       

income that equals the number of such minor children times the     11,510       

federal income tax exemption for such children less child support  11,511       

received for them for the year, not exceeding the federal income   11,512       

tax exemption.                                                     11,513       

      (d)  When the court or agency calculates the gross income    11,515       

of a parent, it shall include the lesser of the following as       11,516       

income from overtime and bonuses:                                  11,517       

      (i)  The yearly average of all overtime and bonuses          11,519       

received during the three years immediately prior to the time      11,520       

when the person's child support obligation is being computed;      11,521       

      (ii)  The total overtime and bonuses received during the     11,523       

year immediately prior to the time when the person's child         11,524       

support obligation is being computed.                              11,525       

      (e)  When the court or agency calculates the gross income    11,527       

of a parent, it shall not include any income earned by the spouse  11,528       

of that parent.                                                    11,529       

      (f)  The court shall not order an amount of child support    11,532       

for reasonable and ordinary uninsured medical or dental expenses   11,533       

in addition to the amount of the child support obligation          11,534       

determined in accordance with the schedule.  The court shall       11,535       

issue a separate order for extraordinary medical or dental         11,536       

expenses, including, but not limited to, orthodontia,                           

psychological, appropriate private education, and other expenses,  11,537       

and may consider the expenses in adjusting a child support order.  11,538       

      (g)  When a court or agency calculates the amount of child   11,540       

support to be paid pursuant to a child support order or an         11,541       

administrative child support order, if the combined gross income   11,542       

of both parents is an amount that is between two amounts set       11,543       

                                                          276    

                                                                 
forth in the first column of the schedule, the court or agency     11,544       

may use the basic child support obligation that corresponds to     11,545       

the higher of the two amounts in the first column of the           11,546       

schedule, use the basic child support obligation that corresponds  11,547       

to the lower of the two amounts in the first column of the         11,548       

schedule, or calculate a basic child support obligation that is    11,549       

between those two amounts and corresponds proportionally to the    11,550       

parents' actual combined gross income.                             11,551       

      (h)  When the court or agency calculates gross income, the   11,553       

court or agency, when appropriate, may average income over a       11,554       

reasonable period of years.                                        11,555       

      (6)(a)  If the court issues a shared parenting order in      11,557       

accordance with section 3109.04 of the Revised Code, the court     11,558       

shall order an amount of child support to be paid under the child  11,559       

support order that is calculated in accordance with the schedule   11,560       

and with the worksheet set forth in division (E) of this section,  11,561       

through line 24, except that, if the application of the schedule   11,562       

and the worksheet, through line 24, would be unjust or             11,563       

inappropriate to the children or either parent and would not be    11,564       

in the best interest of the child because of the extraordinary     11,565       

circumstances of the parents or because of any other factors or    11,566       

criteria set forth in division (B)(3) of this section, the court   11,567       

may deviate from the amount of child support that would be         11,568       

ordered in accordance with the schedule and worksheet, through     11,569       

line 24, shall consider those extraordinary circumstances and      11,570       

other factors or criteria if it deviates from that amount, and     11,571       

shall enter in the journal the amount of child support calculated  11,572       

pursuant to the basic child support schedule and pursuant to the   11,573       

applicable worksheet, through line 24, its determination that      11,574       

that amount would be unjust or inappropriate and would not be in   11,575       

the best interest of the child, and findings of fact supporting    11,576       

that determination.                                                11,577       

      (b)  For the purposes of this division, "extraordinary       11,579       

circumstances of the parents" includes, but is not limited to,     11,580       

                                                          277    

                                                                 
all of the following:                                              11,581       

      (i)  The amount of time that the children spend with each    11,583       

parent;                                                            11,584       

      (ii)  The ability of each parent to maintain adequate        11,586       

housing for the children;                                          11,587       

      (iii)  Each parent's expenses, including, but not limited    11,589       

to, child care expenses, school tuition, medical expenses, and     11,590       

dental expenses.                                                   11,591       

      (7)(a)  In any action in which a child support order is      11,593       

issued or modified under Chapter 3115. or section 2151.23,         11,594       

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   11,596       

3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised      11,598       

Code or in any other proceeding in which the court determines the  11,599       

amount of child support that will be ordered to be paid pursuant   11,600       

to a child support order and except as otherwise provided in this  11,601       

division, the court shall issue a minimum support order requiring  11,602       

the obligor to pay a minimum amount of fifty dollars a month for   11,603       

child support under the child support order.  The court, in its    11,604       

discretion and in appropriate circumstances, may issue a minimum   11,605       

support order requiring the obligor to pay an amount of child      11,606       

support that is less than fifty dollars a month or not requiring   11,607       

the obligor to pay an amount for support.  The appropriate         11,608       

circumstances for which a court may issue a minimum support order  11,609       

requiring an obligor to pay an amount of child support that is     11,610       

less than fifty dollars a month or not requiring the obligor to    11,611       

pay an amount for support include, but are not limited to, the     11,612       

nonresidential parent's medically verified or documented physical  11,613       

or mental disability or institutionalization in a facility for     11,614       

persons with a mental illness.  If the court issues a minimum      11,615       

support order pursuant to this division and the obligor under the  11,616       

support order is the recipient of need-based public assistance,    11,617       

any unpaid amounts of support due under the support order shall    11,618       

accrue as arrearages from month to month, the obligor's current    11,619       

obligation to pay the support due under the support order is       11,620       

                                                          278    

                                                                 
suspended during any period of time that the obligor is receiving  11,621       

need-based public assistance and is complying with any seek work   11,622       

orders issued pursuant to division (D)(7)(4) of section 3113.21    11,623       

of the Revised Code, and the court, obligee, and child support     11,625       

enforcement agency shall not enforce the obligation of the         11,626       

obligor to pay the amount of support due under the support order   11,627       

during any period of time that the obligor is receiving            11,628       

need-based public assistance and is complying with any seek work   11,629       

orders issued pursuant to division (D)(7)(4) of section 3113.21    11,630       

of the Revised Code.                                               11,632       

      (b)  Notwithstanding division (B)(7)(a) of this section, if  11,634       

the amount of support payments that federal law requires or        11,635       

permits to be disregarded in determining eligibility for aid       11,636       

under Chapter 5107. of the Revised Code exceeds fifty dollars,     11,637       

instead of fifty dollars the amount of a minimum support order     11,638       

described in division (B)(7)(a) of this section shall be the       11,639       

amount federal law requires or permits to be disregarded.          11,640       

      (C)  Except when the parents have split parental rights and  11,642       

responsibilities, a parent's child support obligation for a child  11,643       

for whom the parent is the residential parent and legal custodian  11,644       

shall be presumed to be spent on that child and shall not become   11,645       

part of a child support order, and a parent's child support        11,646       

obligation for a child for whom the parent is not the residential  11,647       

parent and legal custodian shall become part of a child support    11,648       

order.  If the parents have split parental rights and              11,649       

responsibilities, the child support obligations of the parents     11,650       

shall be offset, and the court shall issue a child support order   11,651       

requiring the parent with the larger child support obligation to   11,652       

pay the net amount pursuant to the child support order.  If        11,653       

neither parent of a child who is the subject of a child support    11,654       

order is the residential parent and legal custodian of the child   11,655       

and the child resides with a third party who is the legal          11,656       

custodian of the child, the court shall issue a child support      11,657       

order requiring each parent to pay that parent's child support     11,659       

                                                          279    

                                                                 
obligation pursuant to the child support order.                    11,660       

      Whenever a court issues a child support order, it shall      11,662       

include in the order specific provisions for regular, holiday,     11,663       

vacation, and special visitation in accordance with section        11,664       

3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance  11,665       

with any other applicable section of the Revised Code.  The court  11,666       

shall not authorize or permit the escrowing, impoundment, or       11,667       

withholding of any child support payment because of a denial of    11,668       

or interference with a right of visitation included as a specific  11,669       

provision of the child support order or as a method of enforcing   11,670       

the specific provisions of the child support order dealing with    11,671       

visitation.                                                        11,672       

      (D)(1)  Except as provided in divisions (D)(2) and (3) of    11,674       

this section, the THE following basic child support schedule       11,675       

shall be used by all courts and child support enforcement          11,677       

agencies when calculating the amount of child support that will    11,678       

be paid pursuant to a child support order or an administrative     11,679       

child support order, unless the combined gross income of the       11,680       

parents is less than sixty-six hundred dollars or more than one    11,681       

hundred fifty thousand dollars:                                    11,682       

                  Basic Child Support Schedule                     11,683       

 Combined                                                          11,685       

    Gross                          Number of Children              11,687       

   INCOME      One       Two    Three     Four     Five      Six   11,690       

     6600      600       600      600      600      600      600   11,691       

     7200      600       600      600      600      600      600   11,692       

     7800      600       600      600      600      600      600   11,693       

     8400      600       600      600      600      600      600   11,694       

     9000      849       859      868      878      887      896   11,695       

     9600     1259      1273     1287     1301     1315     1329   11,696       

    10200     1669      1687     1706     1724     1743     1761   11,697       

    10800     2076      2099     2122     2145     2168     2192   11,698       

    11400     2331      2505     2533     2560     2588     2616   11,699       

    12000     2439      2911     2943     2975     3007     3039   11,700       

                                                          280    

                                                                 
    12600     2546      3318     3354     3390     3427     3463   11,701       

    13200     2654      3724     3765     3806     3846     3887   11,702       

    13800     2761      4029     4175     4221     4266     4311   11,703       

    14400     2869      4186     4586     4636     4685     4735   11,704       

    15000     2976      4342     4996     5051     5105     5159   11,705       

    15600     3079      4491     5321     5466     5524     5583   11,706       

    16200     3179      4635     5490     5877     5940     6003   11,707       

    16800     3278      4780     5660     6254     6355     6423   11,708       

    17400     3378      4924     5830     6442     6771     6843   11,709       

    18000     3478      5069     5999     6629     7186     7262   11,710       

    18600     3578      5213     6169     6816     7389     7682   11,711       

    19200     3678      5358     6339     7004     7592     8102   11,712       

    19800     3778      5502     6508     7191     7796     8341   11,713       

    20400     3878      5647     6678     7378     7999     8558   11,714       

    21000     3977      5790     6847     7565     8201     8774   11,715       

    21600     4076      5933     7015     7750     8402     8989   11,716       

    22200     4176      6075     7182     7936     8602     9204   11,717       

    22800     4275      6216     7345     8116     8798     9413   11,718       

    23400     4373      6357     7509     8297     8994     9623   11,719       

    24000     4471      6498     7672     8478     9190     9832   11,720       

    24600     4570      6639     7836     8658     9386    10042   11,721       

    25200     4668      6780     8000     8839     9582    10251   11,722       

    25800     4767      6920     8163     9020     9778    10461   11,723       

    26400     4865      7061     8327     9200     9974    10670   11,724       

    27000     4963      7202     8490     9381    10170    10880   11,725       

    27600     5054      7332     8642     9548    10351    11074   11,726       

    28200     5135      7448     8776     9697    10512    11246   11,727       

    28800     5216      7564     8911     9845    10673    11418   11,728       

    29400     5297      7678     9045     9995    10833    11592   11,729       

    30000     5377      7792     9179    10143    10994    11764   11,730       

    30600     5456      7907     9313    10291    11154    11936   11,731       

    31200     5535      8022     9447    10439    11315    12107   11,732       

    31800     5615      8136     9581    10587    11476    12279   11,733       

    32400     5694      8251     9715    10736    11636    12451   11,734       

                                                          281    

                                                                 
    33000     5774      8366     9849    10884    11797    12623   11,735       

    33600     5853      8480     9983    11032    11957    12794   11,736       

    34200     5933      8595    10117    11180    12118    12966   11,737       

    34800     6012      8709    10251    11328    12279    13138   11,738       

    35400     6091      8824    10385    11476    12439    13310   11,739       

    36000     6171      8939    10519    11624    12600    13482   11,740       

    36600     6250      9053    10653    11772    12761    13653   11,741       

    37200     6330      9168    10787    11920    12921    13825   11,742       

    37800     6406      9275    10913    12058    13071    13988   11,743       

    38400     6447      9335    10984    12137    13156    14079   11,744       

    39000     6489      9395    11055    12215    13242    14170   11,745       

    39600     6530      9455    11126    12294    13328    14261   11,746       

    40200     6571      9515    11197    12373    13413    14353   11,747       

    40800     6613      9575    11268    12451    13499    14444   11,748       

    41400     6653      9634    11338    12529    13583    14534   11,749       

    42000     6694      9693    11409    12607    13667    14624   11,750       

    42600     6735      9752    11479    12684    13752    14714   11,751       

    43200     6776      9811    11549    12762    13836    14804   11,752       

    43800     6817      9871    11619    12840    13921    14894   11,753       

    44400     6857      9930    11690    12917    14005    14985   11,754       

    45000     6898      9989    11760    12995    14090    15075   11,755       

    45600     6939     10049    11830    13073    14174    15165   11,756       

    46200     6978     10103    11897    13146    14251    15250   11,757       

    46800     7013     10150    11949    13203    14313    15316   11,758       

    47400     7048     10197    12000    13260    14375    15382   11,759       

    48000     7083     10245    12052    13317    14437    15448   11,760       

    48600     7117     10292    12103    13374    14498    15514   11,761       

    49200     7152     10339    12155    13432    14560    15580   11,762       

    49800     7187     10386    12206    13489    14622    15646   11,763       

    50400     7222     10433    12258    13546    14684    15712   11,764       

    51000     7257     10481    12309    13603    14745    15778   11,765       

    51600     7291     10528    12360    13660    14807    15844   11,766       

    52200     7326     10575    12412    13717    14869    15910   11,767       

    52800     7361     10622    12463    13774    14931    15976   11,768       

                                                          282    

                                                                 
    53400     7396     10669    12515    13832    14992    16042   11,769       

    54000     7431     10717    12566    13889    15054    16108   11,770       

    54600     7468     10765    12622    13946    15120    16178   11,771       

    55200     7524     10845    12716    14050    15232    16298   11,772       

    55800     7582     10929    12814    14159    15350    16425   11,773       

    56400     7643     11016    12918    14273    15474    16558   11,774       

    57000     7704     11104    13021    14388    15598    16691   11,775       

    57600     7765     11192    13125    14502    15722    16824   11,776       

    58200     7825     11277    13225    14613    15842    16953   11,777       

    58800     7883     11361    13324    14723    15961    17079   11,778       

    59400     7941     11445    13423    14832    16079    17206   11,779       

    60000     8000     11529    13522    14941    16197    17333   11,780       

    60600     8058     11612    13620    15050    16315    17460   11,781       

    61200     8116     11696    13719    15160    16433    17587   11,782       

    61800     8175     11780    13818    15269    16552    17714   11,783       

    62400     8233     11864    13917    15378    16670    17840   11,784       

    63000     8288     11945    14011    15481    16783    17958   11,785       

    63600     8344     12024    14102    15582    16893    18075   11,786       

    64200     8399     12103    14194    15683    17002    18193   11,787       

    64800     8454     12183    14285    15784    17111    18310   11,788       

    65400     8510     12262    14376    15885    17220    18427   11,789       

    66000     8565     12341    14468    15986    17330    18544   11,790       

    66600     8620     12421    14559    16087    17439    18661   11,791       

    67200     8676     12500    14650    16188    17548    18778   11,792       

    67800     8731     12579    14741    16289    17657    18895   11,793       

    68400     8786     12659    14833    16390    17767    19012   11,794       

    69000     8842     12738    14924    16491    17876    19129   11,795       

    69600     8897     12817    15015    16592    17985    19246   11,796       

    70200     8953     12897    15107    16693    18094    19363   11,797       

    70800     9008     12974    15196    16791    18201    19476   11,798       

    71400     9060     13047    15281    16885    18302    19585   11,799       

    72000     9111     13120    15366    16979    18404    19694   11,800       

    72600     9163     13194    15451    17073    18506    19803   11,801       

    73200     9214     13267    15536    17167    18608    19912   11,802       

                                                          283    

                                                                 
    73800     9266     13340    15621    17261    18709    20021   11,803       

    74400     9318     13413    15706    17355    18811    20130   11,804       

    75000     9369     13487    15791    17449    18913    20239   11,805       

    75600     9421     13560    15876    17543    19015    20347   11,806       

    76200     9473     13633    15961    17636    19116    20456   11,807       

    76800     9524     13707    16046    17730    19218    20565   11,808       

    77400     9576     13780    16131    17824    19320    20674   11,809       

    78000     9627     13853    16216    17918    19422    20783   11,810       

    78600     9679     13927    16300    18012    19523    20892   11,811       

    79200     9731     14000    16385    18106    19625    21001   11,812       

    79800     9782     14073    16470    18200    19727    21109   11,813       

    80400     9834     14147    16555    18294    19829    21218   11,814       

    81000     9885     14220    16640    18387    19930    21326   11,815       

    81600     9936     14292    16723    18480    20030    21434   11,816       

    82200     9987     14364    16807    18573    20131    21541   11,817       

    82800    10038     14439    16891    18665    20235    21651   11,818       

    83400    10090     14514    16979    18762    20340    21763   11,819       

    84000    10142     14589    17066    18859    20444    21875   11,820       

    84600    10194     14663    17154    18956    20549    21987   11,821       

    85200    10246     14738    17241    19052    20653    22099   11,822       

    85800    10298     14813    17329    19149    20758    22211   11,823       

    86400    10350     14887    17417    19246    20863    22323   11,824       

    87000    10403     14962    17504    19343    20967    22435   11,825       

    87600    10455     15037    17592    19440    21072    22547   11,826       

    88200    10507     15111    17679    19537    21176    22659   11,827       

    88800    10559     15186    17767    19633    21281    22771   11,828       

    89400    10611     15261    17855    19730    21386    22883   11,829       

    90000    10663     15335    17942    19827    21490    22995   11,830       

    90600    10715     15410    18030    19924    21595    23107   11,831       

    91200    10767     15485    18118    20021    21700    23219   11,832       

    91800    10819     15559    18205    20118    21804    23331   11,833       

    92400    10872     15634    18293    20215    21909    23443   11,834       

    93000    10924     15709    18380    20311    22013    23555   11,835       

    93600    10976     15783    18468    20408    22118    23667   11,836       

                                                          284    

                                                                 
    94200    11028     15858    18556    20505    22223    23779   11,837       

    94800    11080     15933    18643    20602    22327    23891   11,838       

    95400    11132     16007    18731    20699    22432    24003   11,839       

    96000    11184     16082    18818    20796    22536    24115   11,840       

    96600    11236     16157    18906    20892    22641    24227   11,841       

    97200    11289     16231    18994    20989    22746    24339   11,842       

    97800    11341     16306    19081    21086    22850    24451   11,843       

    98400    11393     16381    19169    21183    22955    24563   11,844       

    99000    11446     16450    19255    21279    23062    24676   11,845       

    99600    11491     16516    19334    21366    23156    24777   11,846       

   100200    11536     16583    19413    21453    23250    24878   11,847       

   100800    11581     16649    19491    21539    23345    24978   11,848       

   101400    11625     16714    19569    21625    23437    25077   11,849       

   102000    11670     16779    19646    21710    23530    25177   11,850       

   102600    11714     16844    19724    21796    23623    25276   11,851       

   103200    11759     16909    19801    21881    23715    25375   11,852       

   103800    11803     16974    19879    21967    23808    25475   11,853       

   104400    11847     17039    19956    22052    23901    25574   11,854       

   105000    11892     17104    20034    22138    23994    25673   11,855       

   105600    11934     17167    20108    22220    24083    25769   11,856       

   106200    11979     17232    20186    22305    24176    25868   11,857       

   106800    12023     17297    20263    22391    24269    25968   11,858       

   107400    12068     17362    20341    22476    24361    26067   11,859       

   108000    12110     17425    20415    22559    24451    26162   11,860       

   108600    12155     17490    20493    22644    24543    26262   11,861       

   109200    12199     17555    20570    22730    24636    26361   11,862       

   109800    12243     17620    20648    22815    24729    26460   11,863       

   110400    12286     17683    20722    22897    24818    26556   11,864       

   111000    12331     17748    20800    22983    24911    26655   11,865       

   111600    12375     17813    20877    23068    25004    26755   11,866       

   112200    12419     17878    20955    23154    25096    26854   11,867       

   112800    12462     17941    21029    23236    25186    26949   11,868       

   113400    12506     18006    21107    23322    25278    27049   11,869       

   114000    12551     18071    21184    23407    25371    27148   11,870       

                                                          285    

                                                                 
   114600    12595     18136    21262    23493    25464    27247   11,871       

   115200    12640     18202    21339    23578    25557    27347   11,872       

   115800    12682     18264    21414    23660    25646    27442   11,873       

   116400    12727     18329    21491    23746    25739    27542   11,874       

   117000    12771     18394    21569    23831    25832    27641   11,875       

   117600    12815     18460    21646    23917    25924    27740   11,876       

   118200    12858     18522    21721    23999    26013    27836   11,877       

   118800    12902     18587    21798    24084    26106    27935   11,878       

   119400    12947     18652    21876    24170    26199    28034   11,879       

   120000    12991     18718    21953    24256    26292    28134   11,880       

   120600    13034     18780    22028    24338    26381    28229   11,881       

   121200    13078     18845    22105    24423    26474    28329   11,882       

   121800    13123     18910    22183    24509    26567    28428   11,883       

   122400    13167     18976    22260    24594    26659    28527   11,884       

   123000    13210     19038    22335    24676    26749    28623   11,885       

   123600    13254     19103    22412    24762    26841    28722   11,886       

   124200    13299     19168    22490    24847    26934    28821   11,887       

   124800    13343     19234    22567    24933    27027    28921   11,888       

   125400    13386     19296    22642    25015    27116    29016   11,889       

   126000    13430     19361    22719    25101    27209    29115   11,890       

   126600    13474     19426    22797    25186    27302    29215   11,891       

   127200    13519     19492    22874    25272    27395    29314   11,892       

   127800    13561     19554    22949    25354    27484    29410   11,893       

   128400    13606     19619    23026    25439    27576    29509   11,894       

   129000    13650     19684    23104    25525    27669    29608   11,895       

   129600    13695     19750    23181    25610    27762    29708   11,896       

   130200    13739     19815    23259    25696    27855    29807   11,897       

   130800    13783     19879    23335    25780    27946    29905   11,898       

   131400    13828     19945    23414    25868    28041    30007   11,899       

   132000    13874     20012    23494    25955    28136    30108   11,900       

   132600    13919     20079    23573    26043    28231    30210   11,901       

   133200    13963     20143    23649    26127    28323    30308   11,902       

   133800    14008     20210    23729    26215    28418    30410   11,903       

   134400    14054     20276    23808    26302    28513    30511   11,904       

                                                          286    

                                                                 
   135000    14099     20343    23887    26390    28608    30613   11,905       

   135600    14143     20407    23964    26474    28699    30711   11,906       

   136200    14188     20474    24043    26561    28794    30813   11,907       

   136800    14234     20541    24123    26649    28889    30914   11,908       

   137400    14279     20607    24202    26737    28984    31016   11,909       

   138000    14323     20671    24278    26821    29075    31114   11,910       

   138600    14368     20738    24358    26908    29170    31215   11,911       

   139200    14414     20805    24437    26996    29265    31317   11,912       

   139800    14459     20872    24516    27083    29361    31419   11,913       

   140400    14503     20936    24593    27168    29452    31517   11,914       

   141000    14549     21002    24672    27255    29547    31618   11,915       

   141600    14594     21069    24751    27343    29642    31720   11,916       

   142200    14639     21136    24831    27430    29737    31822   11,917       

   142800    14683     21200    24907    27515    29828    31920   11,918       

   143400    14729     21267    24986    27602    29923    32021   11,919       

   144000    14774     21333    25066    27690    30018    32123   11,920       

   144600    14820     21400    25145    27777    30113    32225   11,921       

   145200    14865     21467    25225    27865    30208    32327   11,922       

   145800    14909     21531    25301    27949    30300    32424   11,923       

   146400    14963     21596    25377    28041    30396    32526   11,924       

   147000    15006     21659    25452    28124    30486    32622   11,925       

   147600    15049     21722    25527    28207    30576    32718   11,926       

   148200    15090     21782    25599    28286    30662    32810   11,927       

   148800    15133     21845    25674    28369    30752    32907   11,928       

   149400    15176     21908    25749    28452    30842    33003   11,929       

   150000    15218     21971    25823    28534    30931    33099   11,930       

      (2)  Until July 1, 1994, or a later date specified pursuant  11,933       

to division (D)(3) of this section, the following basic child      11,934       

support schedule shall be used by all courts and child support     11,935       

enforcement agencies to calculate the amount of child support      11,936       

that will be paid pursuant to a child support order or an          11,937       

administrative child support order when combined gross income is   11,938       

at least six thousand dollars but not more than twenty-one         11,939       

thousand six hundred dollars:                                      11,940       

                                                          287    

                                                                 
                  Basic Child Support Schedule                     11,941       

    Gross                          Number of Children              11,943       

   Income      One       Two    Three     Four     Five      Six   11,946       

     6000      240       372      468      528      576      612   11,947       

     7200     1068      1308     1428     1608     1656     1692   11,948       

     8400     1884      2244     2388     2688     2736     2784   11,949       

     9600     2052      3180     3348     3768     3816     3876   11,950       

    10800     2208      3432     4308     4848     4896     4968   11,951       

    12000     2439      3684     4620     5208     5676     6060   11,952       

    13200     2654      3924     4920     5556     6048     6456   11,953       

    14400     2869      4186     5208     5880     6408     6840   11,954       

    15600     3079      4491     5508     6204     6756     7224   11,955       

    16800     3278      4780     5796     6528     7116     7608   11,956       

    18000     3478      5069     6072     6840     7464     7980   11,957       

    19200     3678      5358     6339     7140     7788     8352   11,958       

    20400     3878      5647     6678     7440     8112     8688   11,959       

    21600     4078      5935     7018     7755     8448     9036   11,960       

      (3)  The office of budget and management and the department  11,963       

of human services shall conduct a study of the impact on the       11,964       

general revenue fund of implementing the basic child support       11,965       

schedule in division (D)(1) of this section for combined gross     11,966       

incomes of at least six thousand dollars but not more than         11,967       

twenty-one thousand six hundred dollars.  If, prior to July 1,     11,968       

1994, the department and the office conclude from the study that   11,969       

implementing the basic child support schedule in division (D)(1)   11,970       

of this section for those incomes will have a negative impact on   11,971       

the general revenue fund, the department shall inform the          11,972       

controlling board of the impact and recommend to the board         11,973       

continued use of the schedule in division (D)(2) until a date      11,974       

which the department shall specify.  On receipt of the             11,975       

department's recommendation, the board shall specify a date for    11,976       

discontinuance of the schedule in division (D)(2), which may be    11,977       

the date recommended by the department or any other date           11,978       

considered appropriate by the board.  On the date specified by     11,979       

                                                          288    

                                                                 
the board, the schedule in division (D)(2) shall cease to be used  11,980       

and child support shall be calculated pursuant to the schedule in  11,981       

division (D)(1) of this section.                                   11,982       

      (E)  When a court or child support enforcement agency        11,984       

calculates the amount of child support that will be required to    11,985       

be paid pursuant to a child support order or an administrative     11,986       

child support order in a proceeding in which one parent is the     11,987       

residential parent and legal custodian of all of the children who  11,988       

are the subject of the child support order or the court issues a   11,989       

shared parenting order, the court or child support enforcement     11,990       

agency shall use a worksheet that is identical in content and      11,991       

form to the following worksheet:                                   11,992       

                           "Worksheet                              11,993       

      ............... County Domestic Relations Court (or)         11,994       

     ............... County Child Support Enforcement Agency       11,995       

                    Child Support Computation                      11,996       

                   Sole Residential Parent or                      11,997       

                     Shared Parenting Order                        11,998       

Name of parties .................................................  12,000       

Case No. ..........                                                12,002       

Number of minor children ......  The following parent was          12,004       

designated as the residential parent and legal custodian           12,005       

(disregard if shared parenting order):                             12,006       

............. mother; ............ father.                         12,008       

Father has ..... pay periods annually; mother has ..... pay        12,010       

periods annually.                                                  12,011       

                                Column I   Column II  Column III   12,013       

                                Father     Mother     Combined                  

1a. Annual gross income from                                       12,016       

     employment or, when                                                        

     determined appropriate by                                     12,017       

     the court or agency,                                                       

     average annual gross income                                                

     from employment over a                                                     

                                                          289    

                                                                 
     reasonable period of years                                    12,018       

     (exclude overtime and                                                      

     bonuses)...................  $......     $......              12,020       

b.  Amount of overtime and                                         12,021       

     bonuses                       Father      Mother              12,022       

    Yr. 3                                                          12,023       

    (Three years ago)             $......     $......              12,025       

    Yr. 2                                                          12,026       

    (Two years ago)               $......     $......              12,028       

    Yr. 1                                                          12,029       

    (Last calendar year)          $......     $......              12,031       

    Average:                      $......     $......              12,033       

   (Include in Column I and/or                                     12,034       

     Column II the average of                                                   

     the three years or the year                                   12,035       

     1 amount, whichever is                                                     

     less, if there exists a                                                    

     reasonable expectation that                                   12,036       

     the total earnings from                                                    

     overtime and/or bonuses                                                    

     during the current calendar                                   12,037       

     year will meet or exceed                                                   

     the amount that is the                                                     

     lower of the average of the                                   12,038       

     three years or the year 1                                                  

     amount.  If, however, there                                                

     exists a reasonable                                           12,039       

     expectation that the total                                                 

     earnings from                                                              

     overtime/bonuses during the                                   12,040       

     current calendar year will                                                 

     be less than the lower of                                                  

     the average of the three                                      12,041       

     years or the year 1 amount,                                                

                                                          290    

                                                                 
     include only the amount                                                    

     reasonably expected to be                                     12,042       

     earned this year.).........  $......     $......              12,043       

2.  Annual income from interest                                    12,044       

     and dividends (whether or                                                  

     not taxable)...............  $......     $......              12,046       

3.  Annual income from                                             12,047       

     unemployment compensation..  $......     $......              12,048       

4.  Annual income from workers'                                    12,049       

     compensation or disability                                                 

     insurance benefits.........  $......     $......              12,051       

5.  Other annual income                                            12,052       

     (identify).................  $......     $......              12,053       

6.  Total annual gross income                                      12,054       

     (add lines 1-5)............  $......     $......              12,055       

7.  Annual court-ordered support                                   12,056       

     paid for other children....  $......     $......              12,057       

8.  Adjustment for minor                                           12,058       

     children born to either                                                    

     parent and another parent,                                    12,059       

     which children are living                                                  

     with this parent (number of                                                

     children times federal                                        12,060       

     income tax exemption less                                                  

     child support received for                                                 

     the year, not to exceed the                                   12,061       

     federal tax exemption).....  $......     $......              12,062       

9.  Annual court-ordered spousal                                   12,063       

     support paid to a former                                                   

     spouse.....................  $......     $......              12,065       

10. Amount of local income taxes                                   12,066       

     actually paid or estimated                                                 

     to be paid.................  $......     $......              12,068       

11. For self-employed                                              12,069       

                                                          291    

                                                                 
     individuals, deduct 5.6% of                                                

     adjusted gross income or                                      12,070       

     the actual marginal                                                        

     difference between the                                                     

     actual rate paid by the                                                    

     self-employed individual                                      12,071       

     and the F.I.C.A. rate......  $......     $......              12,072       

12. For self-employed                                              12,073       

     individuals, deduct                                                        

     ordinary and necessary                                                     

     business expenses..........  $......     $......              12,075       

13. Total gross income                                             12,076       

     adjustments (add lines                                                     

     7-12)......................  $......     $......              12,077       

14. Adjusted annual gross income                                   12,078       

     (subtract line 13 from line                                                

     6).........................  $......     $......              12,080       

15. Combined annual income that                                    12,081       

     is basis for child support                                                 

     order (add line 14, Col. I                                    12,082       

     and Col. II).........................                $......                

16. Percentage parent's income                                     12,083       

     to total income                                                            

 a. Father (divide line 14, Col.                                   12,084       

     I by line 15, Col. III)   .........%                          12,085       

 b. Mother (divide line 14, Col.                                   12,086       

     II by line 15, Col. III)  ..........  + .......%     = 100%   12,087       

17. Basic combined child support                                   12,088       

     obligation (Refer to basic                                                 

     child support schedule in                                     12,089       

     division (D) of section                                                    

     3113.215 of the Revised                                                    

     Code; in the first column                                     12,090       

     of the schedule, locate the                                                

                                                          292    

                                                                 
     sum that is nearest to the                                                 

     combined annual income                                        12,091       

     listed in line 15, Col. III                                                

     of this worksheet, then                                                    

     refer to the column of the                                    12,092       

     schedule that corresponds                                                  

     to the number of children                                                  

     in this family.  If the                                       12,093       

     income of the parents is                                                   

     more than one sum, and less                                                

     than another sum, in the                                      12,094       

     first column of the                                                        

     schedule, you may calculate                                                

     the basic combined child                                      12,095       

     support obligation based                                                   

     upon the obligation for                                                    

     those two sums.)...........              $......              12,097       

18. Annual child care expenses                                     12,098       

     for the children who are                                                   

     the subject of this order                                     12,099       

     that are work, employment                                                  

     training, or education                                        12,100       

     related, as approved by the                                                

     court or agency (deduct the                                                

     tax credit from annual                                        12,101       

     cost, whether or not                                                       

     claimed)...................  $......     $......              12,102       

19. Marginal, out-of-pocket                                        12,103       

     costs, necessary to provide                                                

     for health insurance for                                      12,104       

     the children who are the                                                   

     subject of this order......  $......     $......              12,105       

20. Total child care and medical                                   12,106       

     expenses (add lines 18 and                                                 

                                                          293    

                                                                 
     19, Column I and Column II). $......     $......              12,108       

21. Combined annual child                                          12,109       

     support obligation for this                                                

     family (add lines 17 and                                      12,110       

     20, Column I and Column II). .......                $......   12,111       

22. Annual support                                                 12,112       

     obligation/parent                                                          

  a. Father (multiply line 21,                                     12,113       

     Col. III, by line 16a).....  $......                          12,114       

  b. Mother (multiply line 21,                                     12,115       

     Col. III, by line 16b).....              $......              12,116       

23. Adjustment for actual                                          12,117       

     expenses paid for annual                                                   

     child care expenses and                                       12,118       

     marginal, out-of-pocket                                                    

     costs, necessary to provide                                                

     for health insurance (enter                                   12,119       

     number from line 18 or 19                                                  

     if applicable).............  $......     $......              12,120       

24. Actual annual obligation                                       12,121       

     (subtract line 23 from line                                                

     22a or 22b)................  $......     $......              12,123       

25. GROSS HOUSEHOLD INCOME PER                                     12,124       

     PARTY AFTER EXCHANGE OF                                                    

     CHILD SUPPORT (ADD LINES 14                                   12,126       

     AND 24 COLUMN I OR II FOR                                                  

     RESIDENTIAL PARENT OR, IN                                     12,127       

     THE CASE OF SHARED                                            12,128       

     PARENTING ORDER, THE PARENT                                                

     TO WHOM CHILD SUPPORT WILL                                                 

     BE PAID; SUBTRACT LINE 24                                     12,129       

     COLUMN I OR II FROM LINE 14                                                

     FOR PARENT WHO IS NOT THE                                     12,130       

     RESIDENTIAL PARENT OR, IN                                     12,131       

                                                          294    

                                                                 
     THE CASE OF SHARED                                                         

     PARENTING ORDER, THE PARENT                                                

     WHO WILL PAY CHILD SUPPORT). $......     $......              12,133       

26. Comments, rebuttal, or                                         12,134       

     adjustments to correct                                                     

     figures in lines 24, Column                                   12,135       

     I and 24, Column II if they                                                

     would be unjust or                                                         

     inappropriate and would not                                   12,136       

     be in best interest of the                                                 

     child or children (specific                                                

     facts to support                                                           

     adjustments must be                                           12,137       

     included)..................  $......     $......              12,138       

.................................................................  12,140       

.................................................................  12,141       

.................................................................  12,142       

(Addendum sheet may be attached)                                   12,143       

27. Final figure (this amount                                      12,145       

     reflects final annual child                                                

     support obligation)........  $......  father/mother           12,147       

                                           obligor                              

28. For decree:  child support                                     12,150       

     per child per week or per                                                  

     month (divide obligor's                                       12,151       

     annual share, line 27, by                                                  

     12 or 52 and by number of                                                  

     children)..................  $......                          12,153       

29. For deduction order:  child                                    12,154       

     support per pay period                                                     

     (calculate support per pay                                    12,155       

     period from figure on line                                                 

     28) plus appropriate                                                       

     poundage PROCESSING CHARGE.  $......                          12,157       

                                                          295    

                                                                 
Calculations have been reviewed.                                   12,160       

Signatures                         ..............................  12,162       

                                               Father              12,163       

                                        I do/do not consent.       12,164       

      Sworn to before me and suscribed SUBSCRIBED in my presence,  12,166       

this ..... day of .........., 19...                                12,167       

                                   ..............................  12,169       

                                           Notary Public           12,170       

                                   ..............................  12,171       

                                               Mother              12,172       

                                        I do/do not consent.       12,173       

      Sworn to before me and suscribed SUBSCRIBED in my presence,  12,176       

this ..... day of .........., 19...                                12,177       

                                   ..............................  12,178       

                                           Notary Public           12,179       

..............................     ..............................  12,180       

     Attorney for father                Attorney for mother"       12,182       

      (F)  When a court or child support enforcement agency        12,185       

calculates the amount of child support that will be required to    12,186       

be paid pursuant to a child support order in a proceeding in       12,187       

which both parents have split parental rights and                  12,188       

responsibilities with respect to the children who are the subject  12,189       

of the child support order, the court or child support             12,190       

enforcement agency shall use a worksheet that is identical in      12,191       

content and form to the following worksheet:                       12,192       

                           "Worksheet                              12,193       

      ............... County Domestic Relations Court (or)         12,194       

     ............... County Child Support Enforcement Agency       12,195       

                    Child Support Computation                      12,196       

           Split Parental Rights and Responsibilities              12,197       

Name of parties .............................                      12,199       

Case No. ..........                                                12,201       

Number of minor children ......  The following parent was          12,203       

designated residential parent and legal custodian:                 12,204       

                                                          296    

                                                                 
............ mother; ............ father.                          12,206       

Father has ..... pay periods annually; mother has ..... pay        12,208       

periods annually.                                                               

                                Column I   Column II  Column III   12,210       

                                Father     Mother     Combined                  

1a. Annual gross income from                                       12,213       

     employment or, when                                                        

     determined to be                                                           

     appropriate by the court or                                   12,214       

     agency, average annual                                                     

     gross income from                                                          

     employment over a                                             12,215       

     reasonable period of years                                                 

     (exclude overtime and                                                      

     bonuses)...................  $......     $......              12,217       

 b. Amount of overtime and                                         12,218       

     bonuses                       Father      Mother              12,219       

    Yr. 3                                                          12,220       

    (Three years ago)             $......     $......              12,221       

    Yr. 2                                                          12,222       

    (Two years ago)               $......     $......              12,223       

    Yr. 1                                                          12,224       

    (Last calendar year)          $......     $......              12,225       

    Average:                      $......     $......              12,226       

    (Include in Column I and/or                                    12,227       

     Column II the average of                                                   

     the three years or the year                                   12,228       

     1 amount, whichever is                                                     

     less, if there exists a                                                    

     reasonable expectation that                                   12,229       

     the total earnings from                                                    

     overtime and/or bonuses                                       12,230       

     during the current calendar                                                

     year will meet or exceed                                                   

                                                          297    

                                                                 
     the amount that is the                                        12,231       

     lower of the average of the                                                

     three years or the year 1                                                  

     amount.  If, however, there                                   12,232       

     exists a reasonable                                           12,233       

     expectation that the total                                                 

     earnings from                                                              

     overtime/bonuses during the                                   12,234       

     current calendar year will                                                 

     be less than the lower of                                                  

     the average of the three                                      12,235       

     years or the year 1 amount,                                                

     include only the amount                                                    

     reasonably expected to be                                     12,237       

     earned this year.).........  $......    $.......              12,238       

2.  Annual income from interest                                    12,239       

     and dividends (whether or                                                  

     not taxable)...............  $......     $......              12,241       

3.  Annual income from                                             12,242       

     unemployment compensation..  $......     $......              12,243       

4.  Annual income from workers'                                    12,244       

     compensation or disability                                                 

     insurance benefits.........  $......     $......              12,246       

5.  Other annual income                                            12,247       

     (identify).................  $......     $......              12,248       

6.  Total annual gross income                                      12,249       

     (add lines 1-5)............  $......     $......              12,250       

7.  Annual court-ordered support                                   12,251       

     paid for other children....  $......     $......              12,252       

8.  Adjustment for minor                                           12,253       

     children born to either                                                    

     parent and another parent,                                    12,254       

     which children are living                                                  

     with this parent (number of                                                

                                                          298    

                                                                 
     children times federal                                        12,255       

     income tax exemption less                                                  

     child support received for                                                 

     the year, not to exceed the                                   12,256       

     federal tax exemption).....  $......     $......              12,257       

9.  Annual court-ordered spousal                                   12,258       

     support paid to a former                                                   

     spouse.....................  $......     $......              12,260       

10. Amount of local income taxes                                   12,261       

     actually paid or estimated                                                 

     to be paid.................  $......     $......              12,263       

11. For self-employed                                              12,264       

     individuals, deduct 5.6% of                                                

     adjusted gross income or                                      12,265       

     the actual marginal                                                        

     difference between the                                                     

     actual rate paid by the                                                    

     self-employed individual                                      12,266       

     and the F.I.C.A. rate......  $......     $......              12,267       

12. For self-employed                                              12,268       

     individuals, deduct                                                        

     ordinary and necessary                                                     

     business expenses..........  $......     $......              12,270       

13. Total gross income                                             12,271       

     adjustments (add lines                                                     

     7-12)......................  $......     $......              12,272       

14. Adjusted annual gross income                                   12,273       

     (subtract line 13 from line                                                

     6).........................  $......     $......              12,275       

15. Combined annual income that                                    12,276       

     is basis for child support                                                 

     order (add line 14, Col. I                                    12,277       

     and Col. II)...............                          $.....   12,278       

16. Percentage parent's income                                     12,279       

                                                          299    

                                                                 
     to total income                                                            

 a. Father (divide line 14, Col.                                   12,280       

     I by line 15, Col. III)   .........%                          12,281       

 b. Mother (divide line 14, Col.                                   12,282       

     II by line 15, Col. III)...           + .......%     = 100%   12,283       

17. Basic combined child support                                   12,284       

     obligation/household                                                       

 a. For children for whom the                                      12,285       

     father is the residential                                                  

     parent and legal custodian                                    12,286       

     (Refer to basic child                                                      

     support schedule in                                                        

     division (D) of section                                       12,287       

     3113.215 of the Revised                                                    

     Code; in the first column                                                  

     of the schedule, locate the                                   12,288       

     sum that is nearest to the                                                 

     combined annual income                                                     

     listed in line 15, Col. III                                   12,289       

     of this worksheet, then                                                    

     refer to the column of the                                                 

     schedule that corresponds                                     12,290       

     to the number of children                                                  

     for whom the father is the                                                 

     residential parent and                                        12,291       

     legal custodian.  If the                                                   

     income of the parents is                                                   

     more than one sum, and less                                   12,292       

     than another sum, in the                                                   

     first column of the                                                        

     schedule, you may calculate                                   12,293       

     the basic combined child                                                   

     support obligation based                                                   

     upon the obligation for                                       12,294       

                                                          300    

                                                                 
     those two sums.)...........                         $......   12,295       

 b. For children for whom the                                      12,296       

     mother is the RESIDENTIAL                                                  

     parent and the legal                                          12,297       

     custodian.  (Refer to basic                                                

     child support schedule in                                                  

     division (D) of section                                       12,298       

     3313.215 3113.215 of the                                                   

     Revised Code; in the first                                    12,299       

     column of the schedule,                                                    

     locate the sum that is                                                     

     nearest to the combined                                                    

     annual income listed in                                       12,300       

     line 15, Col. III of this                                                  

     worksheet, then refer to                                                   

     the column of the schedule                                    12,301       

     that corresponds to the                                                    

     number of children for whom                                                

     the mother is the                                             12,302       

     residential parent and the                                    12,303       

     legal custodian.  If the                                                   

     income of the parents is                                                   

     more than one sum, and less                                   12,304       

     than another sum, in the                                                   

     first column of the                                                        

     schedule, you may calculate                                   12,305       

     the basic combined child                                                   

     support obligation based                                                   

     upon the obligation for                                       12,306       

     those two sums.)...........                         $......   12,307       

18. Annual child care expenses                                     12,308       

     for the children who are                                                   

     the subject of this order                                     12,309       

     that are work, employment                                                  

                                                          301    

                                                                 
     training, or education                                        12,310       

     related, as approved by the                                                

     court or agency (deduct the                                                

     as approved by the court or                                   12,311       

     agency (deduct the tax                                                     

     credit from annual cost,                                      12,312       

     whether or not claimed)                                                    

 a. Expenses paid by the father.  $......                          12,314       

 b. Expenses paid by the mother.              $......              12,316       

19. Marginal, out-of-pocket                                        12,317       

     costs, necessary to provide                                                

     for health insurance for                                      12,318       

     the children who are the                                                   

     subject of this order                                                      

 a. Costs paid by the father....  $......                          12,320       

 b. Costs paid by the mother....              $......              12,322       

20. Total annual child care and                                    12,323       

     medical expenses                                                           

 a. Of father (add lines 18a and                                   12,324       

     19a).......................  $......                          12,325       

 b. Of mother (add lines 18b and                                   12,326       

     19b).......................              $......              12,327       

21. Total annual child support                                     12,328       

     obligation                                                                 

 a. Of father for child(ren) for                                   12,329       

     whom the mother is the                                                     

     residential parent and                                        12,330       

     legal custodian (add lines                                                 

     20a and 17b and multiply by                                                

     line 16a)..................  $......                          12,332       

 b. Of mother for child(ren) for                                   12,333       

     whom the father is the                                                     

     residential parent and                                        12,334       

     legal custodian (add lines                                                 

                                                          302    

                                                                 
     20b and 17b 17a and                                                        

     multiply by line 16b)......              $......              12,336       

22. Adjustment for actual                                          12,337       

     expenses paid for annual                                                   

     child care expenses, and                                      12,338       

     marginal, out-of-pocket                                                    

     costs, necessary to provide                                                

     for health insurance                                                       

 a. For father (enter number                                       12,339       

     from line 20a).............  $......                          12,340       

 b. For mother (enter number                                       12,341       

     from line 20b).............              $......              12,342       

23. Actual annual obligation                                       12,343       

     (subtract line 22a from                                                    

     line 21a and insert in                                        12,344       

     Column I; subtract line 22b                                                

     from line 21b and insert in                                                

     Column II).................  $......     $......              12,346       

24. Net annual support                                             12,347       

     obligation (greater amount                                                 

     on line 23 Column I or line                                   12,348       

     23 Column II minus lesser                                                  

     amount on line 23 Column I                                                 

     or line 23 Column II)......  $......     $......              12,350       

25. Gross household income per                                     12,351       

     party after exchange of                                                    

     child support..............  $......     $......              12,353       

     (add line 14 and line 24                                      12,354       

     for the parent receiving a                                                 

     child support payment;                                        12,355       

     subtract line 24 from line                                                 

     14 for the parent making a                                                 

     child support payment)                                        12,356       

26. Comments, rebuttal, or                                         12,357       

                                                          303    

                                                                 
     adjustments to correct                                                     

     figures in lines 24, Column                                   12,358       

     I and 24, Column II if they                                                

     would be unjust or                                                         

     inappropriate and would not                                   12,359       

     be in best interest of the                                                 

     children (specific facts to                                                

     support adjustments must be                                   12,360       

     included)..................  $......     $......              12,361       

.................................................................  12,363       

.................................................................  12,364       

.................................................................  12,365       

(Addendum sheet may be attached)                                   12,366       

27. Final figure (this amount                                      12,368       

     reflects final annual child                                                

     support obligation)........  $......  father/mother           12,370       

                                           obligor                              

28. For decree:  child support                                     12,373       

     per child per week or per                                                  

     month (divide obligor's                                       12,374       

     annual share, line 27, by                                                  

     12 or 52 and by the number                                                 

     of children)...............  $......                          12,376       

29. For deduction order:  child                                    12,377       

     support per day (calculate                                                 

     support per pay period from                                   12,378       

     figure on line 28) and add                                                 

     appropriate poundage                                                       

     PROCESSING CHARGE..........              $......              12,380       

Calculations have been reviewed.                                   12,383       

Signatures                         ..............................  12,385       

                                               Father              12,386       

                                        I do/do not consent.       12,387       

      Sworn to before me and suscribed SUBSCRIBED in my presence,  12,390       

                                                          304    

                                                                 
this ..... day of .........., 19...                                12,391       

                                   ..............................  12,393       

                                           Notary Public           12,394       

                                   ..............................  12,395       

                                               Mother              12,396       

                                        I do/do not consent.       12,397       

      Sworn to before me and suscribed SUBSCRIBED in my presence,  12,400       

this ..... day of .........., 19...                                12,401       

                                   ..............................  12,403       

                                           Notary Public           12,404       

..............................     ..............................  12,405       

Attorney for father                Attorney for mother"            12,406       

      (G)  At least once every four years, the department of       12,409       

human services shall review the basic child support schedule set   12,410       

forth in division (D) of this section to determine whether         12,411       

support orders issued in accordance with the schedule and the      12,412       

applicable worksheet in division (E) of this section, through      12,413       

line 24, or in division (F) of this section, through line 23,      12,414       

adequately provide for the needs of the children who are subject   12,415       

to the support orders, prepare a report of its review, and submit  12,416       

a copy of the report to both houses of the general assembly.  For  12,417       

each review, the department shall establish a child support        12,418       

guideline advisory council to assist the department in the         12,420       

completion of its reviews and reports.  Each council shall be      12,422       

composed of obligors, obligees, judges of courts of common pleas                

who have jurisdiction over domestic relations cases, attorneys     12,423       

whose practice includes a significant number of domestic           12,424       

relations cases, representatives of child support enforcement      12,425       

agencies, other persons interested in the welfare of children,     12,426       

three members of the senate appointed by the president of the      12,427       

senate, no more than two of whom are members of the same party,    12,428       

and three members of the house of representatives appointed by     12,429       

the speaker of the house, no more than two of whom are members of  12,430       

the same party.  The department shall consider input from the      12,431       

                                                          305    

                                                                 
council prior to the completion of any report under this section.  12,433       

The advisory council shall cease to exist at the time that it      12,437       

submits its report to the general assembly.  Any expenses          12,438       

incurred by an advisory council shall be paid by the department.   12,439       

      On or before March 1, 1993, the department shall submit its  12,441       

initial report under this division to both houses of the general   12,442       

assembly.  On or before the first day of March of every fourth     12,443       

year after 1993, the department shall submit a report under this   12,444       

division to both houses of the general assembly.                   12,445       

      Sec. 3113.216.  (A)  As used in this section, "obligor,"     12,454       

"obligee," and "child support enforcement agency" have the same    12,455       

meanings as in section 3113.21 of the Revised Code.                12,456       

      (B)  No later than October 13, 1990, the department of       12,458       

human services shall adopt rules pursuant to Chapter 119. of the   12,459       

Revised Code establishing a procedure for determining when         12,460       

existing child support orders should be reviewed to determine      12,461       

whether it is necessary and in the best interest of the children   12,462       

who are the subject of the child support order to change the       12,463       

child support order.  The rules shall include, but are not         12,464       

limited to, all of the following:                                  12,465       

      (1)  Any procedures necessary to comply with section         12,467       

666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of    12,468       

1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any   12,469       

regulations adopted pursuant to, or to enforce, that section;      12,470       

      (2)  Procedures for determining what child support orders    12,472       

are to be subject to review upon the request of either the         12,473       

obligor or the obligee or periodically by the child support        12,474       

enforcement agency administering the child support order;          12,475       

      (3)  Procedures for the child support enforcement agency to  12,477       

periodically review and to review, upon the request of the         12,478       

obligor or the obligee, any child support order that is subject    12,479       

to review to determine whether the amount of child support paid    12,480       

under the child support order should be adjusted in accordance     12,481       

with the basic child support schedule set forth in division (D)    12,482       

                                                          306    

                                                                 
of section 3113.215 of the Revised Code OR WHETHER THE PROVISIONS  12,483       

FOR THE CHILD'S HEALTH CARE NEEDS UNDER THE CHILD SUPPORT ORDER    12,484       

SHOULD BE MODIFIED IN ACCORDANCE WITH SECTION 3113.217 OF THE      12,485       

REVISED CODE;                                                                   

      (4)  Procedures for giving obligors and obligees notice of   12,487       

their right to request a review of a child support order that is   12,488       

determined to be subject to review, notice of any proposed         12,489       

revision of the amount of child support to be paid under the       12,490       

child support order, notice of the procedures for requesting a     12,491       

hearing on any proposed revision of the amount of child support    12,492       

to be paid under a child support order, notice of any              12,493       

administrative hearing to be held on a proposed revision of the    12,494       

amount of child support to be paid under a child support order,    12,495       

at least sixty days' prior notice of any review of their child     12,496       

support order, and notice that a failure to comply with any        12,497       

request for documents or information to be used in the review of   12,498       

a child support order is contempt of court;                        12,499       

      (5)  Procedures for obtaining the necessary documents and    12,501       

information necessary to review child support orders and for       12,502       

holding administrative hearings on a proposed revision of the      12,503       

amount of child support to be paid under a child support order;    12,504       

      (6)  Procedures for adjusting child support orders in        12,506       

accordance with the basic child support schedule set forth in      12,507       

division (D) of section 3113.215 of the Revised Code and the       12,508       

applicable worksheet in division (E) of that section, through      12,509       

line 24 or in division (F) of that section, through line 23;       12,510       

      (7)  PROCEDURES FOR ADJUSTING THE PROVISIONS OF THE CHILD    12,512       

SUPPORT ORDER GOVERNING THE HEALTH CARE NEEDS OF THE CHILD         12,513       

PURSUANT TO SECTION 3113.217 OF THE REVISED CODE.                  12,514       

      (C)(1)  If a child support enforcement agency, periodically  12,516       

or upon request of an obligor or obligee, plans to review a child  12,517       

support order in accordance with the rules adopted pursuant to     12,518       

division (B) of this section or otherwise plans to review a child  12,519       

support order, it shall do all of the following prior to formally  12,520       

                                                          307    

                                                                 
beginning the review:                                              12,521       

      (a)  Establish a date certain upon which the review will     12,523       

formally begin;                                                    12,524       

      (b)  At least sixty days before formally beginning the       12,526       

review, send the obligor and the obligee notice of the planned     12,527       

review and of the date when the review will formally begin;        12,528       

      (c)  Request the obligor to provide the agency, no later     12,530       

than the scheduled date for formally beginning the review, with a  12,531       

copy of the obligor's federal income tax return from the previous  12,532       

year, a copy of all pay stubs obtained by the obligor within the   12,533       

preceding six months, a copy of all other records evidencing the   12,534       

receipt of any other salary, wages, or compensation by the         12,535       

obligor within the preceding six months, A LIST OF THE GROUP       12,536       

HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS    12,537       

AVAILABLE TO THE OBLIGOR AND THEIR COSTS, THE CURRENT HEALTH       12,538       

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH     12,539       

THE OBLIGOR IS ENROLLED AND ITS COST, and any other information    12,541       

necessary to properly review the child support order, and request  12,542       

the obligee to provide the agency, no later than the scheduled     12,543       

date for formally beginning the review, with a copy of the         12,544       

obligee's federal income tax return from the previous year, a                   

copy of all pay stubs obtained by the obligee within the           12,545       

preceding six months, a copy of all other records evidencing the   12,546       

receipt of any other salary, wages, or compensation by the         12,547       

obligee within the preceding six months, A LIST OF THE GROUP       12,548       

HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS    12,549       

AVAILABLE TO THE OBLIGEE AND THEIR COSTS, THE CURRENT HEALTH       12,550       

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH     12,551       

THE OBLIGEE IS ENROLLED AND ITS COST, and any other information    12,553       

necessary to properly review the child support order;                           

      (d)  Include in the notice sent pursuant to division         12,555       

(C)(1)(b) of this section, a notice that a willful failure to      12,556       

provide the documents and other information requested pursuant to  12,557       

division (C)(1)(c) of this section is contempt of court.           12,558       

                                                          308    

                                                                 
      (2)  If either the obligor or the obligee fails to comply    12,560       

with a request for information made pursuant to division           12,561       

(C)(1)(c) of this section, it is contempt of court, and the        12,562       

agency shall notify the court of the failure to comply with the    12,563       

request for information.  The agency may request the court to      12,564       

issue an order requiring the obligor or the obligee to provide     12,565       

the information as requested or take whatever action is necessary  12,566       

to obtain the information and make any reasonable assumptions      12,567       

necessary with respect to the income of INFORMATION the person in  12,569       

contempt of court DID NOT PROVIDE to ensure a fair and equitable   12,570       

review of the child support order.  If the agency decides to       12,572       

conduct the review based upon ON reasonable assumptions with       12,574       

respect to the income of INFORMATION the person in contempt of     12,576       

court DID NOT PROVIDE, it shall proceed under division (C)(3) of   12,577       

this section in the same manner as if all requested information    12,578       

has been received.                                                 12,579       

      (3)  Upon the date established pursuant to division          12,581       

(C)(1)(a) of this section for formally beginning the review of a   12,582       

child support order, the agency shall review the child support     12,583       

order and shall do all of the following:                           12,584       

      (a)  Calculate a revised amount of child support to be paid  12,586       

under the child support order;                                     12,587       

      (b)  Give the obligor and obligee notice of the revised      12,589       

amount of child support to be paid under the child support order,  12,590       

of their right to request an administrative hearing on the         12,591       

revised amount of child support, of the procedures and time        12,592       

deadlines for requesting the hearing, and that the revised amount  12,593       

of child support will be submitted to the court for inclusion in   12,594       

a revised child support order unless the obligor or obligee        12,595       

requests an administrative hearing on the proposed change within   12,596       

thirty days after receipt of the notice under this division;       12,597       

      (c)  If neither the obligor nor the obligee timely requests  12,599       

an administrative hearing on the revised amount of child support   12,600       

to be paid under the child support order, submit the revised       12,601       

                                                          309    

                                                                 
amount of child support to the court for inclusion in a revised    12,602       

child support order;                                               12,603       

      (d)  If the obligor or the obligee timely requests an        12,605       

administrative hearing on the revised amount of child support to   12,606       

be paid under the child support order, the agency shall schedule   12,607       

a hearing on the issue, give the obligor and obligee notice of     12,608       

the date, time, and location of the hearing, conduct the hearing   12,609       

in accordance with the rules adopted under division (B) of this    12,610       

section, redetermine at the hearing a revised amount of child      12,611       

support to be paid under the child support order, and give notice  12,612       

of all of the following to the obligor and obligee:                12,613       

      (i)  The revised amount of child support to be paid under    12,615       

the child support order;                                           12,616       

      (ii)  That they may request a court hearing on the revised   12,618       

amount of child support;                                           12,619       

      (iii)  That the agency will submit the revised amount of     12,621       

child support to the court for inclusion in a revised child        12,622       

support order, if neither the obligor nor the obligee requests a   12,623       

court hearing on the revised amount of child support.              12,624       

      (e)  If neither the obligor nor the obligee requests a       12,626       

court hearing on the revised amount of child support to be paid    12,627       

under the child support order, submit the revised amount of child  12,628       

support to the court for inclusion in a revised child support      12,629       

order.                                                             12,630       

      (4)  In calculating a revised amount of child support to be  12,632       

paid under a child support order under division (C)(3)(a) of this  12,633       

section, and in redetermining, at an administrative hearing        12,634       

conducted under division (C)(3)(d) of this section, a revised      12,635       

amount of child support to be paid under a child support order,    12,636       

the child support enforcement agency shall consider, in addition   12,637       

to all other factors required by law to be considered, the THE     12,638       

FOLLOWING:                                                         12,639       

      (a)  THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR,      12,641       

OBLIGEE, OR BOTH, TO BE REQUIRED IN ACCORDANCE WITH SECTION        12,642       

                                                          310    

                                                                 
3113.217 OF THE REVISED CODE TO PROVIDE HEALTH INSURANCE COVERAGE  12,643       

FOR THE CHILDREN SPECIFIED IN THE ORDER;                                        

      (b)  THE cost of health insurance COVERAGE which the         12,646       

obligor, the obligee, or both the obligor and the obligee have     12,648       

been ordered to obtain IN ACCORDANCE WITH SECTION 3113.217 OF THE  12,649       

REVISED CODE for the children specified in the order.              12,650       

      (D)  If an obligor or obligee files a request for a court    12,652       

hearing on a revised amount of child support to be paid under a    12,653       

child support order in accordance with division (C) of this        12,654       

section and the rules adopted under division (B) of this section,  12,655       

the court shall conduct a hearing in accordance with division      12,656       

(C)(1)(c) of section 3113.21 of the Revised Code.                  12,657       

      (E)  A child support enforcement agency is not required to   12,659       

review a child support order pursuant to this section if the       12,660       

review is not otherwise required by section 666(a)(10) of Title    12,661       

42 of the U.S. Code, "Family Support Act of 1988," 102 Stat.       12,662       

2346, 42 U.S.C. 666(a)(10), as amended, and any regulations        12,663       

adopted pursuant to, or to enforce, that section and if either of  12,664       

the following apply:                                               12,665       

      (1)  The obligee has made an assignment under section        12,667       

5107.07 of the Revised Code of his THE right to receive child      12,668       

support payments, the agency determines that the review would not  12,670       

be in the best interest of the children who are the subject of     12,671       

the child support order, and neither the obligor nor the obligee   12,672       

has requested that the review be conducted;                        12,673       

      (2)  The obligee has not made an assignment under section    12,675       

5107.07 of the Revised Code of his THE right to receive child      12,676       

support payments, neither the obligor nor the obligee has          12,678       

requested that the review be conducted.                            12,679       

      Sec. 3113.217.  (A)  As used in this section:                12,688       

      (1)  "Obligor," "obligee," and "child support enforcement    12,690       

agency" have the same meanings as in section 3113.21 of the        12,691       

Revised Code.                                                      12,692       

      (2)  "Insurer" means any person that is authorized to        12,694       

                                                          311    

                                                                 
engage in the business of insurance in this state under Title      12,695       

XXXIX of the Revised Code, any health insuring corporation, and    12,698       

any legal entity that is self-insured and provides benefits to     12,699       

its employees or members.                                                       

      (B)  In any action or proceeding in which a child support    12,701       

order is issued or modified on or after July 1, 1990, under        12,702       

Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33,     12,703       

2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,     12,706       

3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the    12,708       

child support enforcement agency shall determine whether the       12,709       

obligor or obligee has satisfactory health insurance coverage,     12,710       

other than medical assistance under Title XIX of the "Social       12,711       

Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,     12,712       

for the children who are the subject of the child support order.   12,713       

If the agency determines that neither the obligor nor the obligee  12,714       

has satisfactory health insurance coverage for the children, it    12,715       

shall file a motion with the court requesting the court to issue   12,716       

an order in accordance with divisions (C) to (K) of this section.  12,717       

      (C)  In any action or proceeding in which a child support    12,719       

order is issued or modified on or after July 1, 1990, under        12,720       

Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36,      12,721       

2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,     12,723       

3113.07, 3113.216, or 3113.31 of the Revised Code, in addition to  12,725       

any requirements in those sections, the court also shall issue a   12,726       

separate order that includes all DETERMINE THE PARENT RESPONSIBLE  12,727       

FOR THE HEALTH CARE OF THE CHILDREN SUBJECT TO THE CHILD SUPPORT   12,728       

ORDER AND SHALL INCLUDE IN THE ORDER ONE of the following:         12,729       

      (1)  A requirement that the obligor under the child support  12,731       

order obtain health insurance coverage for the children who are    12,732       

the subject of the child support order from an insurer that        12,733       

provides a group health insurance or health care policy,           12,734       

contract, or plan that is specified in the order and a             12,735       

requirement that the obligor, no later than thirty days after the  12,736       

issuance of the order under division (C)(1) of this section,       12,737       

                                                          312    

                                                                 
furnish written proof to the child support enforcement agency      12,738       

that the required health insurance coverage has been obtained, if  12,739       

that coverage is available at a reasonable cost through a group    12,740       

health insurance or health care policy, contract, or plan offered  12,741       

by the obligor's employer or through any other group health        12,742       

insurance or health care policy, contract, or plan available to    12,743       

the obligor and if health insurance coverage for the children IT   12,744       

is not available for a more reasonable cost through a group        12,746       

health insurance or health care policy, contract, or plan          12,747       

available to the obligee under the child support order;            12,748       

      (2)  If the obligor is required under division (C)(1) of     12,750       

this section to obtain health insurance coverage for the children  12,751       

who are the subject of the child support order, a requirement      12,752       

that the obligor supply the obligee with information regarding     12,753       

the benefits, limitations, and exclusions of the health insurance  12,754       

coverage, copies of any insurance forms necessary to receive       12,755       

reimbursement, payment, or other benefits under the health         12,756       

insurance coverage, and a copy of any necessary insurance cards,   12,757       

a requirement that the obligor submit a copy of the court order    12,758       

issued pursuant to division (C) of this section to the insurer at  12,759       

the time that the obligor makes application to enroll the          12,760       

children in the health insurance or health care policy, contract,  12,761       

or plan, and a requirement that the obligor, no later than thirty  12,762       

days after the issuance of the order under division (C)(2) of      12,763       

this section, furnish written proof to the child support           12,764       

enforcement agency that division (C)(2) of this section has been   12,765       

complied with;                                                     12,766       

      (3)  A requirement that the obligee under the child support  12,768       

order obtain health insurance coverage for the children who are    12,769       

the subject of the child support order from an insurer that        12,770       

provides a group health insurance or health care policy,           12,771       

contract, or plan that is specified in the order and a             12,772       

requirement that the obligee, no later than thirty days after the  12,773       

issuance of the order under division (C)(1) of this section,       12,774       

                                                          313    

                                                                 
furnish written proof to the child support enforcement agency      12,775       

that the required health insurance coverage has been obtained, if  12,776       

that coverage is available through a group health insurance or     12,777       

health care policy, contract, or plan offered by the obligee's     12,778       

employer or through any other group health insurance or health     12,779       

care policy, contract, or plan available to the obligee and if     12,780       

that coverage IT is available at a more reasonable cost than       12,781       

health insurance SUCH coverage for the children through a group    12,783       

health insurance or health care policy, contract, or plan IS       12,784       

available to the obligor;                                          12,785       

      (4)  If the obligee is required under division (C)(3) of     12,787       

this section to obtain health insurance coverage for the children  12,788       

who are the subject of the child support order, a requirement      12,789       

that the obligee submit a copy of the court order issued pursuant  12,790       

to division (C) of this section to the insurer at the time that    12,791       

the obligee makes application to enroll the children in the        12,792       

health insurance or health care policy, contract, or plan;         12,793       

      (5)  A list of the group health insurance and health care    12,795       

policies, contracts, and plans that the court determines are       12,796       

available at a reasonable cost to the obligor or to the obligee    12,797       

and the name of the insurer that issues each policy, contract, or  12,798       

plan;                                                              12,799       

      (6)  A statement setting forth the name, address, and        12,801       

telephone number of the individual who is to be reimbursed for     12,802       

out-of-pocket medical, optical, hospital, dental, or prescription  12,803       

expenses paid for each child who is the subject of the support     12,804       

order and a statement that the insurer that provides the health    12,805       

insurance coverage for the children may continue making payment    12,806       

for medical, optical, hospital, dental, or prescription services   12,807       

directly to any health care provider in accordance with the        12,808       

applicable health insurance or health care policy, contract, or    12,809       

plan;                                                              12,810       

      (7)  A requirement that the obligor and the obligee          12,812       

designate the children who are the subject of the child support    12,813       

                                                          314    

                                                                 
order as covered dependents under any health insurance or health   12,814       

care policy, contract, or plan for which they contract;            12,815       

      (8)  A requirement that the obligor, the obligee, or both    12,817       

of them under a formula established by the court pay co-payment    12,818       

or deductible costs required under the health insurance or health  12,819       

care policy, contract, or plan that covers the children;           12,820       

      (9)(3)  If health insurance coverage for the children who    12,822       

are the subject of the order is not available at a reasonable      12,824       

cost through a group health insurance or health care policy,       12,825       

contract, or plan offered by the obligor's employer or through     12,826       

any other group health insurance or health care policy, contract,  12,827       

or plan available to the obligor and is not available at a         12,828       

reasonable cost through a group health insurance or health care    12,829       

policy, contract, or plan offered by the obligee's employer or     12,830       

through any other group health insurance or health care policy,    12,831       

contract, or plan available to OR the obligee, a requirement that  12,832       

the obligor and the obligee share liability for the cost of the    12,833       

medical and health care needs of the children who are the subject  12,834       

of the order, under an equitable formula established by the        12,835       

court, and a requirement that if, after the issuance of the        12,836       

order, health insurance coverage for the children who are the      12,837       

subject of the order becomes available at a reasonable cost        12,838       

through a group health insurance or health care policy, contract,  12,839       

or plan offered by the obligor's or obligee's employer or through  12,840       

any other group health insurance or health care policy, contract,  12,841       

or plan available to the obligor or obligee, the obligor or        12,842       

obligee to whom the coverage becomes available immediately inform  12,843       

the court of that fact.                                            12,844       

      (10)  A notice that, if the obligor is required under        12,846       

divisions (C)(1) and (2) of this section to obtain health          12,847       

insurance coverage for the children who are the subject of the     12,848       

child support order and if the obligor fails to comply with the    12,849       

requirements of those divisions, the court immediately shall       12,850       

issue an order to the employer of the obligor, upon written        12,851       

                                                          315    

                                                                 
notice from the child support enforcement agency, requiring the    12,852       

employer to take whatever action is necessary to make application  12,853       

to enroll the obligor in any available group health insurance or   12,854       

health care policy, contract, or plan with coverage for the        12,855       

children who are the subject of the child support order, to        12,856       

submit a copy of the court order issued pursuant to division (C)   12,857       

of this section to the insurer at the time that the employer       12,858       

makes application to enroll the children in the health insurance   12,859       

or health care policy, contract, or plan, and, if the obligor's    12,860       

application is accepted, to deduct any additional amount from the  12,861       

obligor's earnings necessary to pay any additional cost for that   12,862       

health insurance coverage;                                         12,863       

      (11)  A notice that during the time that an order under      12,865       

this section is in effect, the employer of the obligor is          12,866       

required to release to the obligee or the child support            12,867       

enforcement agency upon written request any necessary information  12,868       

on the health insurance coverage of the obligor, including, but    12,869       

not limited to, the name and address of the insurer and any        12,870       

policy, contract, or plan number, and to otherwise comply with     12,871       

this section and any court order issued under this section;        12,872       

      (12)  A statement setting forth the full name and date of    12,874       

birth of each child who is the subject of the child support        12,875       

order;                                                             12,876       

      (13)  A requirement that the obligor and the obligee comply  12,878       

with any requirement described in division (C)(1), (2), (3), (4),  12,879       

or (7) of this section that is contained in the order issued       12,880       

under this section no later than thirty days after the issuance    12,881       

of the order.                                                      12,882       

      (D)  In any action in which a child support order is issued  12,884       

or modified on or after July 1, 1990, under Chapter 3115. or       12,885       

section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18,     12,886       

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    12,888       

or 3113.31 of the Revised Code, the court, in addition to any      12,889       

requirements in those sections and in lieu of an order issued      12,890       

                                                          316    

                                                                 
under division (C) of this section, may issue a separate order     12,891       

requiring both;                                                                 

      (4)  A REQUIREMENT THAT BOTH the obligor and the obligee to  12,894       

obtain health insurance coverage for the children who are the      12,895       

subject of the child support order, if health insurance coverage   12,896       

is available for the children and if the court determines that     12,897       

the coverage is available at a reasonable cost to both the         12,898       

obligor and the obligee and that the dual coverage by both         12,899       

parents would provide for coordination of medical benefits         12,900       

without unnecessary duplication of coverage.  If the court issues  12,901       

an order under this division, it shall include in the order any    12,902       

of the requirements, notices, and information set forth in         12,903       

divisions (C)(1) to (13) of this section that are applicable.      12,904       

      (E)  Any                                                     12,906       

      (C)  A CHILD SUPPORT ORDER ISSUED OR MODIFIED PURSUANT TO    12,909       

SECTION 2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49,    12,910       

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    12,911       

3113.31, OR 3115.30 OF THE REVISED CODE SHALL CONTAIN ALL OF THE   12,913       

FOLLOWING:                                                         12,914       

      (1)  IF THE OBLIGOR IS REQUIRED UNDER DIVISION (B)(1) OF     12,917       

THIS SECTION, THE OBLIGEE IS REQUIRED UNDER DIVISION (B)(2) OF     12,919       

THIS SECTION, OR BOTH THE OBLIGOR AND OBLIGEE ARE REQUIRED UNDER   12,920       

DIVISION (B)(4) OF THIS SECTION, TO PROVIDE HEALTH INSURANCE       12,922       

COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT THE OBLIGOR OR       12,923       

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  12,924       

PROVIDE THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS,  12,926       

LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE,      12,927       

COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT,  12,928       

PAYMENT, OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE,    12,929       

AND A COPY OF ANY NECESSARY INSURANCE CARDS, A REQUIREMENT THAT    12,930       

THE OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH       12,931       

INSURANCE COVERAGE SUBMIT A COPY OF THE COURT ORDER ISSUED         12,932       

PURSUANT TO DIVISION (B)(1), (2), OR (4) OF THIS SECTION TO THE    12,933       

INSURER AT THE TIME THAT THE OBLIGOR OR OBLIGEE, WHOEVER IS        12,934       

                                                          317    

                                                                 
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE MAKES APPLICATION TO  12,935       

ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE         12,936       

POLICY, CONTRACT, OR PLAN, AND A REQUIREMENT THAT THE OBLIGOR OR   12,937       

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  12,938       

FURNISH WRITTEN PROOF TO THE CHILD SUPPORT ENFORCEMENT AGENCY      12,940       

THAT DIVISION (C)(1) OF THIS SECTION HAS BEEN COMPLIED WITH;       12,941       

      (2)  A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE    12,943       

POLICIES, CONTRACTS, AND PLANS THAT THE COURT DETERMINES ARE       12,944       

AVAILABLE AT A REASONABLE COST TO THE OBLIGOR OR TO THE OBLIGEE    12,945       

AND THE NAME OF THE INSURER THAT ISSUES EACH POLICY, CONTRACT, OR  12,946       

PLAN;                                                              12,947       

      (3)  A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND        12,949       

TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR     12,950       

OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION  12,951       

EXPENSES PAID FOR EACH CHILD WHO IS THE SUBJECT OF THE SUPPORT     12,952       

ORDER AND A STATEMENT THAT THE INSURER THAT PROVIDES THE HEALTH    12,953       

INSURANCE COVERAGE FOR THE CHILDREN MAY CONTINUE MAKING PAYMENT    12,954       

FOR MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION SERVICES   12,955       

DIRECTLY TO ANY HEALTH CARE PROVIDER IN ACCORDANCE WITH THE        12,956       

APPLICABLE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR    12,957       

PLAN;                                                              12,958       

      (4)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE          12,960       

DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH      12,962       

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN FOR WHICH THEY  12,963       

CONTRACT;                                                                       

      (5)  A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH    12,965       

OF THEM UNDER A FORMULA ESTABLISHED BY THE COURT PAY CO-PAYMENT    12,966       

OR DEDUCTIBLE COSTS REQUIRED UNDER THE HEALTH INSURANCE OR HEALTH  12,967       

CARE POLICY, CONTRACT, OR PLAN THAT COVERS THE CHILDREN;           12,968       

      (6)  A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE    12,971       

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO        12,973       

RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT       12,974       

AGENCY UPON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE       12,975       

HEALTH INSURANCE COVERAGE, INCLUDING, BUT NOT LIMITED TO, THE      12,976       

                                                          318    

                                                                 
NAME AND ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN  12,977       

NUMBER, AND TO OTHERWISE COMPLY WITH THIS SECTION AND ANY COURT    12,978       

ORDER ISSUED UNDER THIS SECTION;                                                

      (7)  A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF     12,980       

BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE CHILD SUPPORT        12,981       

ORDER;                                                             12,982       

      (8)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY   12,984       

WITH ANY REQUIREMENT DESCRIBED IN DIVISION (B)(1), (2), AND (4),   12,985       

AND (C)(1) AND (4) OF THIS SECTION THAT IS CONTAINED IN THE ORDER  12,987       

ISSUED UNDER THIS SECTION NO LATER THAN THIRTY DAYS AFTER THE      12,988       

ISSUANCE OF THE ORDER.                                             12,989       

      (9)  A NOTICE THAT, IF THE OBLIGOR OR OBLIGEE IS REQUIRED    12,991       

TO OBTAIN HEALTH INSURANCE COVERAGE PURSUANT TO THE CHILD SUPPORT  12,993       

ORDER FOR THE CHILDREN AND IF THE OBLIGOR OR OBLIGEE FAILS TO      12,994       

OBTAIN THE HEALTH INSURANCE COVERAGE, THE CHILD SUPPORT                         

ENFORCEMENT AGENCY SHALL COMPLY WITH DIVISION (D) OF THIS SECTION  12,996       

TO OBTAIN A COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO        12,997       

OBTAIN THE HEALTH INSURANCE COVERAGE;                              12,998       

      (10)  A NOTICE THAT STATES THE FOLLOWING:  "IF THE PERSON    13,000       

REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE          13,001       

CHILDREN SUBJECT TO THIS CHILD SUPPORT ORDER OBTAINS NEW           13,002       

EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS   13,003       

PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY    13,004       

WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION 3113.217 OF THE   13,006       

REVISED CODE WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE          13,009       

REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY    13,010       

TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED  13,011       

BY THE NEW EMPLOYER."                                                           

      (D)  IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH      13,013       

INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER ISSUED IN     13,015       

ACCORDANCE WITH THIS SECTION DOES NOT OBTAIN THE REQUIRED HEALTH   13,016       

INSURANCE COVERAGE WITHIN THIRTY DAYS AFTER THE CHILD SUPPORT      13,017       

ORDER IS ISSUED, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL        13,018       

NOTIFY THE COURT IN WRITING OF THE FAILURE OF THE OBLIGOR TO       13,019       

                                                          319    

                                                                 
COMPLY WITH THE CHILD SUPPORT ORDER.  ON RECEIPT OF THE NOTICE     13,020       

FROM THE AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE EMPLOYER    13,021       

OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE      13,022       

COVERAGE REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION IS         13,023       

NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE     13,024       

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE      13,025       

GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN    13,026       

WITH COVERAGE FOR THE CHILDREN, TO SUBMIT A COPY OF THE CHILD      13,028       

SUPPORT ORDER TO THE INSURER AT THE TIME THAT THE EMPLOYER MAKES   13,029       

APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR      13,030       

HEALTH CARE POLICY, CONTRACT, OR PLAN, AND, IF THE APPLICATION IS  13,031       

ACCEPTED, TO DEDUCT FROM THE WAGES OR OTHER INCOME OF THE OBLIGOR  13,032       

OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE THE COST   13,033       

OF THE COVERAGE FOR THE CHILDREN.  UPON RECEIPT OF ANY ORDER       13,035       

UNDER THIS DIVISION, THE EMPLOYER SHALL TAKE WHATEVER ACTION IS    13,036       

NECESSARY TO COMPLY WITH THE ORDER.                                             

      (E)(1)  IF AN OBLIGOR OR OBLIGEE IS REQUIRED TO OBTAIN       13,039       

HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER        13,040       

ISSUED IN ACCORDANCE WITH THIS SECTION AND THE OBLIGOR OR OBLIGEE  13,041       

OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN      13,042       

EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD        13,043       

SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE WHETHER THE NEW       13,044       

EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT WOULD COVER THE     13,045       

CHILDREN.  IF THE AGENCY DETERMINES THAT THE NEW EMPLOYER          13,046       

PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD COVER THE CHILDREN,  13,047       

THE AGENCY SHALL SEND A NOTICE DESCRIBED IN DIVISION (E)(2) OF     13,049       

THIS SECTION AND A COPY OF THE CHILD SUPPORT ORDER TO THE NEW      13,050       

EMPLOYER AND SHALL SEND A COPY OF THE NOTICE TO THE OBLIGOR OR     13,051       

OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE UNDER THE     13,052       

CHILD SUPPORT ORDER.  ON RECEIPT OF THE NOTICE, THE NEW EMPLOYER   13,053       

SHALL COMPLY WITH ITS PROVISIONS.                                  13,054       

      (2)  THE NOTICE REQUIRED BY DIVISION (E)(1) SHALL CONTAIN    13,057       

THE FOLLOWING:                                                     13,058       

      (a)  A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER       13,061       

                                                          320    

                                                                 
ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR   13,062       

OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY        13,063       

AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT,  13,064       

OR PLAN WITH COVERAGE FOR THE CHILDREN;                                         

      (b)  A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF    13,067       

THE CHILD SUPPORT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO        13,068       

OBTAIN HEALTH CARE INSURANCE FOR THE CHILDREN TO THE INSURER AT    13,069       

THE TIME THAT THE EMPLOYER MAKES APPLICATION TO ENROLL THE                      

CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT,  13,071       

OR PLAN;                                                                        

      (c)  A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED,     13,074       

THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE      13,075       

OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN THE HEALTH INSURANCE         13,076       

COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN.                13,077       

      (d)  A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE       13,080       

FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE     13,081       

CHILD SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE REQUIRED TO      13,082       

OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS AFTER THE DATE   13,083       

ON WHICH THE NOTICE IS SENT, FILES A WRITTEN REQUEST WITH THE      13,084       

AGENCY REQUESTING MODIFICATION OF THE CHILD SUPPORT ORDER                       

PURSUANT TO SECTION 3113.216 OF THE REVISED CODE.                  13,087       

      (F)  A CHILD SUPPORT order issued under IN ACCORDANCE WITH,  13,090       

OR ANY ORDER ISSUED UNDER DIVISION (D) OF, this section shall be   13,091       

binding upon the obligor and the obligee, their employers, and     13,092       

any insurer that provides health insurance coverage for either of  13,093       

them or their children.  The court shall send a copy of any THE    13,094       

CHILD SUPPORT OR OTHER order issued under this section that        13,096       

contains any requirement or notice described in division (C)(1),   13,097       

(2), (3), (4), (7), (8), or (10) of this section by ordinary mail  13,098       

to the obligor, the obligee, and any employer that is subject to   13,099       

the order.  The court shall send a copy of any order issued under  13,100       

this section that contains any requirement contained in division   13,101       

(C)(9) of this section by ordinary mail to the obligor and         13,102       

obligee.                                                                        

                                                          321    

                                                                 
      (F)  If an obligor does not comply with any order issued     13,104       

under this section that contains any requirement or notice         13,105       

described in division (C)(1), (2), (4), (7), (8), or (10) of this  13,106       

section within thirty days after the order is issued, the child    13,107       

support enforcement agency shall notify the court in writing of    13,108       

the failure of the obligor to comply with the order.  Upon         13,109       

receipt of the notice from the agency, the court shall issue an    13,110       

order to the employer of the obligor requiring the employer to     13,111       

take whatever action is necessary to make application to enroll    13,112       

the obligor in any available group health insurance or health      13,113       

care policy, contract, or plan with coverage for the children who  13,114       

are the subject of the child support order, to submit a copy of    13,115       

the court order issued pursuant to division (C) of this section    13,116       

to the insurer at the time that the employer makes application to  13,117       

enroll the children in the health insurance or health care         13,118       

policy, contract, or plan, and, if the obligor's application is    13,119       

accepted, to deduct from the wages or other income of the obligor  13,120       

the cost of the coverage for the children.  Upon receipt of any    13,121       

order under this division, the employer shall take whatever        13,122       

action is necessary to comply with the order.                      13,123       

      (G)(1)  During the time that any CHILD SUPPORT order issued  13,125       

under IN ACCORDANCE WITH, OR ORDER ISSUED UNDER DIVISION (D) OF,   13,127       

this section is in effect and after the employer has received a    13,128       

copy of the order, the employer of the obligor who is the subject  13,129       

of OR OBLIGEE REQUIRED TO COMPLY WITH the order shall comply with  13,131       

the order and, upon request from the obligee OTHER PARENT or THE   13,132       

agency, shall release to the obligee THAT PARENT and the child     13,133       

support enforcement agency all information about the obligor's     13,134       

health insurance coverage that is necessary to ensure compliance   13,135       

with this section or any THE order issued under this section,      13,137       

including, but not limited to, the name and address of the         13,138       

insurer and any policy, contract, or plan number.  Any             13,139       

information provided by an employer pursuant to this division      13,140       

shall be used only for the purpose of the enforcement of an THE    13,141       

                                                          322    

                                                                 
order issued under this section.                                   13,143       

      (2)  Any employer who receives a copy of an order issued     13,145       

under DESCRIBED IN DIVISION (G)(1) OF this section shall notify    13,147       

the child support enforcement agency of any change in or the       13,148       

termination of the obligor's health insurance coverage that is     13,149       

maintained pursuant to an THE order issued under this section.     13,151       

      (G)(3)  Any insurer that receives a copy of an order issued  13,153       

under DESCRIBED IN DIVISION (G)(1) OF this section shall comply    13,155       

with this section and any order issued under this section,         13,156       

regardless of the residence of the children.  If an insurer        13,157       

provides health insurance coverage for the children who are the    13,158       

subject of a child support order in accordance with an THE CHILD   13,159       

SUPPORT order OR AN ORDER issued under DIVISION (D) OF this        13,160       

section, the insurer shall reimburse the parent, who is            13,161       

designated to receive reimbursement in the CHILD SUPPORT order     13,162       

issued under this section, for covered out-of-pocket medical,      13,164       

optical, hospital, dental, or prescription expenses incurred on    13,165       

behalf of the children subject to the order.                                    

      (H)  If an obligee under a child support order ISSUED IN     13,167       

ACCORDANCE WITH SECTION 2151.23, 2151.231, 2151.232, 2151.33,      13,168       

2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,     13,170       

3113.07, 3113.216, 3113.31, OR 3115.30 is eligible for medical     13,172       

assistance under Chapter 5111. or 5115. of the Revised Code and    13,173       

the obligor has obtained health insurance coverage pursuant to an  13,174       

order issued under division (C) of this section, the obligee       13,175       

shall notify any physician, hospital, or other provider of         13,176       

medical services for which medical assistance is available of the  13,177       

name and address of the obligor's insurer and of the number of     13,178       

the obligor's health insurance or health care policy, contract,    13,179       

or plan.  Any physician, hospital, or other provider of medical    13,180       

services for which medical assistance is available under Chapter   13,181       

5111. or 5115. of the Revised Code who is notified under this      13,182       

division of the existence of a health insurance or health care     13,183       

policy, contract, or plan with coverage for children who are       13,184       

                                                          323    

                                                                 
eligible for medical assistance first shall bill the insurer for   13,185       

any services provided for those children.  If the insurer fails    13,186       

to pay all or any part of a claim filed under this division by     13,187       

the physician, hospital, or other medical services provider and    13,188       

the services for which the claim is filed are covered by Chapter   13,189       

5111. or 5115. of the Revised Code, the physician, hospital, or                 

other medical services provider shall bill the remaining unpaid    13,190       

costs of the services in accordance with Chapter 5111. or 5115.    13,191       

of the Revised Code.                                               13,192       

      (I)  Any obligor who fails to comply with an A CHILD         13,194       

SUPPORT order issued under IN ACCORDANCE WITH, OR AN ORDER ISSUED  13,196       

UNDER DIVISION (D) OF, this section is liable to the obligee for   13,197       

any medical expenses incurred as a result of the failure to        13,199       

comply with the order.  AN OBLIGEE WHO FAILS TO COMPLY WITH A      13,201       

CHILD SUPPORT ORDER ISSUED IN ACCORDANCE WITH, OR AN ORDER ISSUED  13,202       

UNDER DIVISION (D) OF, THIS SECTION IS LIABLE TO THE OBLIGOR FOR   13,204       

ANY MEDICAL EXPENSES INCURRED AS A RESULT OF THE FAILURE TO        13,205       

COMPLY WITH THE ORDER.                                                          

      (J)  Whoever violates an A CHILD SUPPORT order issued under  13,208       

IN ACCORDANCE WITH, OR AN ORDER ISSUED UNDER DIVISION (D) OF,      13,209       

this section may be punished as for contempt under Chapter 2705.   13,210       

of the Revised Code.  If an obligor is found in contempt under     13,211       

that chapter for failing to comply with an A CHILD SUPPORT order   13,212       

issued under IN ACCORDANCE WITH, OR AN ORDER ISSUED UNDER          13,213       

DIVISION (D) OF, this section and if the obligor previously has    13,215       

been found in contempt under that chapter, the court shall         13,216       

consider the obligor's failure to comply with the court's order    13,217       

as a change in circumstances for the purpose of modification of    13,218       

the amount of support due under the child support order that is    13,219       

the basis of the order issued under this section.                  13,220       

      (K)  Nothing in this section shall be construed to require   13,222       

an insurer to accept for enrollment any child who does not meet    13,223       

the underwriting standards of the health insurance or health care  13,224       

policy, contract, or plan for which application is made.           13,225       

                                                          324    

                                                                 
      (L)  Notwithstanding section 3109.01 of the Revised Code,    13,227       

if a court issues an order under this section requiring a parent   13,228       

to obtain health insurance coverage for the children who are the   13,229       

subject of a child support order, the order shall remain in        13,230       

effect beyond the child's eighteenth birthday as long as the       13,231       

child continuously attends on a full-time basis any recognized     13,232       

and accredited high school.  Any parent ordered to obtain health   13,233       

insurance coverage for the children who are the subject of a       13,234       

child support order shall continue to obtain the coverage for the  13,235       

children under the order, including during seasonal vacation       13,236       

periods, until the order terminates AN ORDER ISSUED PURSUANT TO    13,238       

THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT TO      13,240       

PROVIDE FOR THE HEALTH CARE NEEDS OF CHILDREN SUBJECT TO A CHILD   13,241       

SUPPORT ORDER ISSUED PURSUANT TO SECTION 2151.23, 2151.231,        13,242       

2151.232, 2151.33, 2151.36, 2151.49, 3105.21, 3109.05, 3109.19,    13,244       

3111.13, 3113.04, 3113.07, 3113.216, 3113.31, OR 3115.30 OF THE    13,245       

REVISED CODE, SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL BE   13,247       

CONSIDERED A REQUIREMENT INCLUDED AS PART OF THE CHILD SUPPORT     13,248       

ORDER.  THE CHILD SUPPORT ORDER SHALL BE SUBJECT TO THE            13,249       

PROVISIONS OF THIS SECTION ON AND AFTER THE EFFECTIVE DATE OF      13,250       

THIS AMENDMENT.                                                                 

      Sec. 3113.218.  (A)  As used in this section:                13,259       

      (1)  "Child support enforcement agency" has the same         13,261       

meaning as in section 3113.21 of the Revised Code.                 13,262       

      (2)  "Child support order" has the same meaning as in        13,264       

section 3113.215 of the Revised Code.                              13,265       

      (B)  In any action or proceeding in which a child support    13,267       

order is issued or modified on or after July 1, 1990, under        13,268       

Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33,     13,270       

2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,     13,271       

3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the    13,273       

court that issues or modifies the order shall include in the       13,274       

order, in addition to any provision required by any of those       13,275       

sections or by any other section of the Revised Code, all of the   13,276       

                                                          325    

                                                                 
following:                                                                      

      (1)  A requirement that, regardless of the frequency or      13,278       

amount of child support payments to be made under the order, the   13,279       

child support enforcement agency that is required to administer    13,280       

the order shall administer it on a monthly basis, in accordance    13,281       

with this section;                                                 13,282       

      (2)  A specification of the monthly amount due under the     13,284       

child support order for purposes of its monthly administration,    13,285       

as determined under division (D) of this section;                  13,286       

      (3)  A statement that payments under the order are to be     13,288       

made in the manner ordered by the court, and that if the payments  13,289       

are to be made other than on a monthly basis, the required         13,290       

monthly administration by the agency does not affect the           13,291       

frequency or the amount of the child support payments to be made   13,292       

under the order.                                                   13,293       

      (C)  If a child support enforcement agency is required by    13,295       

statute or court order to administer a child support order that    13,296       

was issued or modified on or after July 1, 1990, the agency shall  13,297       

administer the order on a monthly basis, in accordance with the    13,298       

provisions of the order that contain the information described in  13,299       

division (B) of this section.                                      13,300       

      (D)  If a court issues or modifies a child support order on  13,302       

or after July 1, 1990, and if the child support payments due       13,303       

under the order are to be made other than on a monthly basis, the  13,304       

court shall calculate a monthly amount due under the child         13,305       

support order, for purposes of its monthly administration, in the  13,306       

following manner:                                                  13,307       

      (1)  If the child support order is to be paid weekly,        13,309       

multiply the weekly amount of child support due under the order    13,310       

by fifty-two and divide the resulting product by twelve;           13,311       

      (2)  If the child support order is to be paid biweekly,      13,313       

multiply the biweekly amount of child support due under the order  13,314       

by twenty-six and divide the resulting product by twelve;          13,315       

      (3)  If the child support order is to be paid periodically   13,317       

                                                          326    

                                                                 
but is not to be paid weekly, biweekly, or monthly, multiply the   13,318       

periodic amount of child support due by an appropriate number to   13,319       

obtain the annual amount of child support due under the order and  13,320       

divide the annual amount of child support due by twelve.           13,321       

      (E)  If the payments under a child support order are to be   13,323       

made other than on a monthly basis, the required monthly           13,324       

administration of the order by a child support enforcement agency  13,325       

pursuant to this section shall not affect the frequency or the     13,326       

amount of the child support payments to be made under the order.   13,327       

      (F)  The provisions of this section do not apply in          13,329       

relation to a child support order unless the order was issued or   13,330       

modified on or after July 1, 1990.                                 13,331       

      Sec. 3113.219.  (A)  On or after July 1, 1992, when a court  13,340       

issues or modifies a support order under Chapter 3115. or section  13,341       

2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18,   13,342       

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    13,345       

or 3113.31 of the Revised Code or in any proceeding in which a     13,346       

court determines the amount of support to be paid pursuant to a    13,347       

support order, the court shall determine the date the obligor      13,348       

failed to pay the support required under the support order and     13,349       

the amount of support the obligor failed to pay.  If the court     13,350       

determines the obligor has failed at any time to comply with a     13,351       

support order, the court shall issue a new order requiring the     13,352       

obligor to pay support.  If the court determines that the failure  13,353       

to pay was willful, the court shall assess interest on the amount  13,354       

of support the obligor failed to pay from the date the court       13,355       

specifies as the original date the obligor failed to comply with   13,356       

the order requiring the payment of support to the date the court   13,357       

issues the new order requiring the payment of support and shall    13,358       

compute the interest at the rate specified in division (A) of      13,359       

section 1343.03 of the Revised Code.  The court shall specify in   13,360       

the support order the amount of interest the court assessed        13,361       

against the obligor and incorporate the amount of interest into    13,362       

the new monthly payment plan.                                                   

                                                          327    

                                                                 
      (B)  On or after July 1, 1992, when a court issues or        13,364       

modifies a support order under Chapter 3115. or section 2151.23,   13,365       

2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,    13,366       

3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the    13,367       

Revised Code or in any proceeding in which a court determines the  13,368       

amount of support to be paid pursuant to a support order, the      13,369       

court may include in the support order a statement ordering        13,370       

either party to pay the costs of the action, including, but not    13,371       

limited to, attorney's fees, fees for genetic tests in contested   13,372       

actions under sections 3111.01 to 3111.19 of the Revised Code,     13,373       

and court costs.                                                                

      Sec. 3113.31.  (A)  As used in this section:                 13,384       

      (1)  "Domestic violence" means the occurrence of one or      13,386       

more of the following acts against a family or household member:   13,387       

      (a)  Attempting to cause or recklessly causing bodily        13,389       

injury;                                                            13,390       

      (b)  Placing another person by the threat of force in fear   13,392       

of imminent serious physical harm or committing a violation of     13,393       

section 2903.211 or 2911.211 of the Revised Code;                  13,394       

      (c)  Committing any act with respect to a child that would   13,396       

result in the child being an abused child, as defined in section   13,397       

2151.031 of the Revised Code.                                      13,398       

      (2)  "Court" means the domestic relations division of the    13,400       

court of common pleas in counties that have a domestic relations   13,401       

division, and the court of common pleas in counties that do not    13,402       

have a domestic relations division.                                13,403       

      (3)  "Family or household member" means any of the           13,405       

following:                                                         13,406       

      (a)  Any of the following who is residing with or has        13,408       

resided with the respondent:                                       13,409       

      (i)  A spouse, a person living as a spouse, or a former      13,411       

spouse of the respondent;                                          13,412       

      (ii)  A parent or a child of the respondent, or another      13,414       

person related by consanguinity or affinity to the respondent;     13,415       

                                                          328    

                                                                 
      (iii)  A parent or a child of a spouse, person living as a   13,417       

spouse, or former spouse of the respondent, or another person      13,418       

related by consanguinity or affinity to a spouse, person living    13,419       

as a spouse, or former spouse of the respondent.                   13,420       

      (b)  The natural parent of any child of whom the respondent  13,422       

is the other natural parent.                                       13,423       

      (4)  "Person living as a spouse" means a person who is       13,425       

living or has lived with the respondent in a common law marital    13,426       

relationship, who otherwise is cohabiting with the respondent, or  13,428       

who otherwise has cohabited with the respondent within one year                 

prior to the date of the alleged occurrence of the act in          13,429       

question.                                                          13,430       

      (5)  "Victim advocate" means a person who provides support   13,432       

and assistance for a person who files a petition under this        13,433       

section.                                                                        

      (B)  The court has jurisdiction over all proceedings under   13,435       

this section.  The petitioner's right to relief under this         13,436       

section is not affected by the petitioner's leaving the residence  13,437       

or household to avoid further domestic violence.                   13,438       

      (C)  A person may seek relief under this section the person  13,440       

on the person's own behalf, or any parent or adult household       13,441       

member may seek relief under this section on behalf of any other   13,442       

family or household member, by filing a petition with the court.   13,443       

The petition shall contain or state:                               13,444       

      (1)  An allegation that the respondent engaged in domestic   13,446       

violence against a family or household member of the respondent,   13,447       

including a description of the nature and extent of the domestic   13,448       

violence;                                                          13,449       

      (2)  The relationship of the respondent to the petitioner,   13,451       

and to the victim if other than the petitioner;                    13,452       

      (3)  A request for relief under this section.                13,454       

      (D)  If a person who files a petition pursuant to this       13,456       

section requests an ex parte order, the court shall hold an ex     13,457       

parte hearing on the same day that the petition is filed.  The     13,458       

                                                          329    

                                                                 
court may, for good cause shown at the ex parte hearing, enter     13,459       

any temporary orders, with or without bond, including, but not     13,460       

limited to, an order described in division (E)(1)(a), (b), or (c)  13,461       

of this section, that the court finds necessary to protect the     13,462       

family or household member from domestic violence.  Immediate and  13,463       

present danger of domestic violence to the family or household     13,464       

member constitutes good cause for purposes of this section.        13,465       

Immediate and present danger includes, but is not limited to,      13,466       

situations in which the respondent has threatened the family or    13,467       

household member with bodily harm or in which the respondent has   13,468       

previously engaged in domestic violence against the family or      13,469       

household member.                                                  13,470       

      If the court, after an ex parte hearing, issues an order     13,472       

described in division (E)(1)(b) or (c) of this section, the court  13,473       

shall schedule a full hearing that shall be held within seven      13,474       

court days after the ex parte hearing.  If any other type of       13,475       

protection order that is authorized under division (E) of this     13,476       

section is issued by the court after an ex parte hearing, the      13,477       

full hearing shall be held within ten days after the ex parte      13,478       

hearing.  The respondent shall be given notice of, and an          13,479       

opportunity to be heard at, the full hearing.                      13,480       

      If a person who files a petition pursuant to this section    13,482       

does not request an ex parte order, or if a person requests an ex  13,483       

parte order but the court does not issue an ex parte order after   13,484       

an ex parte hearing, the court shall proceed as in a normal civil  13,485       

action and grant a full hearing on the matter.                     13,486       

      (E)(1)  After an ex parte or full hearing, the court may     13,488       

grant any protection order, with or without bond, or approve any   13,489       

consent agreement to bring about a cessation of domestic violence  13,490       

against the family or household members.  The order or agreement   13,491       

may:                                                               13,492       

      (a)  Direct the respondent to refrain from abusing the       13,494       

family or household members;                                       13,495       

      (b)  Grant possession of the residence or household to the   13,497       

                                                          330    

                                                                 
petitioner or other family or household member, to the exclusion   13,498       

of the respondent, by evicting the respondent, when the residence  13,499       

or household is owned or leased solely by the petitioner or other  13,500       

family or household member, or by ordering the respondent to       13,501       

vacate the premises, when the residence or household is jointly    13,502       

owned or leased by the respondent, and the petitioner or other     13,503       

family or household member;                                        13,504       

      (c)  When the respondent has a duty to support the           13,506       

petitioner or other family or household member living in the       13,507       

residence or household and the respondent is the sole owner or     13,508       

lessee of the residence or household, grant possession of the      13,509       

residence or household to the petitioner or other family or        13,510       

household member, to the exclusion of the respondent, by ordering  13,511       

the respondent to vacate the premises, or, in the case of a        13,512       

consent agreement, allow the respondent to provide suitable,       13,513       

alternative housing;                                               13,514       

      (d)  Temporarily allocate parental rights and                13,516       

responsibilities for the care of, or establish temporary           13,518       

visitation rights with regard to, minor children, if no other      13,519       

court has determined, or is determining, the allocation of         13,520       

parental rights and responsibilities for the minor children or     13,521       

visitation rights;                                                 13,522       

      (e)  Require the respondent to maintain support, if the      13,524       

respondent customarily provides for or contributes to the support  13,525       

of the family or household member, or if the respondent has a      13,526       

duty to support the petitioner or family or household member;      13,527       

      (f)  Require the respondent, petitioner, victim of domestic  13,529       

violence, or any combination of those persons, to seek             13,530       

counseling;                                                        13,531       

      (g)  Require the respondent to refrain from entering the     13,533       

residence, school, business, or place of employment of the         13,534       

petitioner or family or household member;                          13,535       

      (h)  Grant other relief that the court considers equitable   13,537       

and fair, including, but not limited to, ordering the respondent   13,538       

                                                          331    

                                                                 
to permit the use of a motor vehicle by the petitioner or other    13,539       

family or household member and the apportionment of household and  13,540       

family personal property.                                          13,541       

      (2)  If a protection order has been issued pursuant to this  13,543       

section in a prior action involving the respondent and the         13,544       

petitioner or one or more of the family or household members, the  13,545       

court may include in a protection order that it issues a           13,546       

prohibition against the respondent returning to the residence or   13,547       

household and a prohibition against the petitioner inviting or     13,548       

admitting the respondent to the residence or household while the   13,549       

order is in effect.                                                13,550       

      (3)(a)  Any protection order or approved consent agreement   13,552       

shall be valid until a date certain, but not later than two years  13,553       

from the date of its issuance or approval.                         13,554       

      (b)  Subject to the limitation on the duration of an order   13,556       

or agreement set forth in division (E)(3)(a) of this section, any  13,557       

order under division (E)(1)(d) of this section shall terminate on  13,558       

the date that a court in an action for divorce, dissolution of     13,560       

marriage, or legal separation brought by the petitioner or                      

respondent issues an order allocating parental rights and          13,561       

responsibilities for the care of children or on the date that a    13,562       

juvenile court in an action brought by the petitioner or           13,563       

respondent issues an order awarding legal custody of minor         13,564       

children.  Subject to the limitation on the duration of an order                

or agreement set forth in division (E)(3)(a) of this section, any  13,565       

order under division (E)(1)(e) of this section shall terminate on  13,566       

the date that a court in an action for divorce, dissolution of     13,567       

marriage, or legal separation brought by the petitioner or         13,568       

respondent issues a support order or on the date that a juvenile   13,569       

court in an action brought by the petitioner or respondent issues               

a support order.                                                   13,570       

      (c)  Any protection order issued or consent agreement        13,573       

approved pursuant to this section may be renewed in the same       13,574       

manner as the original order or agreement was issued or approved.  13,575       

                                                          332    

                                                                 
      (4)  A court may not issue a protection order that requires  13,577       

a petitioner to do or to refrain from doing an act that the court  13,578       

may require a respondent to do or to refrain from doing under      13,579       

division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this        13,580       

section unless all of the following apply:                                      

      (a)  The respondent files a separate petition for a          13,582       

protection order in accordance with this section.                  13,583       

      (b)  The petitioner is served notice of the respondent's     13,585       

petition at least forty-eight hours before the court holds a       13,586       

hearing with respect to the respondent's petition, or the          13,587       

petitioner waives the right to receive this notice.                13,588       

      (c)  If the petitioner has requested an ex parte order       13,590       

pursuant to division (D) of this section, the court does not       13,591       

delay any hearing required by that division beyond the time        13,592       

specified in that division in order to consolidate the hearing     13,593       

with a hearing on the petition filed by the respondent.                         

      (d)  After a full hearing at which the respondent presents   13,595       

evidence in support of the request for a protection order and the  13,596       

petitioner is afforded an opportunity to defend against that       13,597       

evidence, the court determines that the petitioner has committed   13,598       

an act of domestic violence or has violated a temporary            13,599       

protection order issued pursuant to section 2919.26 of the                      

Revised Code, that both the petitioner and the respondent acted    13,600       

primarily as aggressors, and that neither the petitioner nor the   13,601       

respondent acted primarily in self-defense.                        13,602       

      (5)  No order or agreement under this section shall in any   13,604       

manner affect title to any real property.                          13,605       

      (6)(a)  If a petitioner, or the child of a petitioner, who   13,607       

obtains a protection order or consent agreement pursuant to        13,608       

division (E)(1) of this section or a temporary protection order    13,609       

pursuant to section 2919.26 of the Revised Code and is the         13,610       

subject of a visitation or companionship order issued pursuant to  13,611       

section 3109.051, 3109.11, or 3109.12 of the Revised Code or       13,612       

division (E)(1)(d) of this section granting visitation or          13,613       

                                                          333    

                                                                 
companionship rights to the respondent, the court may require the  13,614       

public children services agency of the county in which the court   13,615       

is located to provide supervision of the respondent's exercise of               

visitation or companionship rights with respect to the child for   13,616       

a period not to exceed nine months, if the court makes the         13,617       

following findings of fact:                                        13,618       

      (i)  The child is in danger from the respondent;             13,620       

      (ii)  No other person or agency is available to provide the  13,622       

supervision or other services.                                     13,623       

      (b)  A court that requires an agency to provide supervision  13,625       

or other services pursuant to division (E)(6)(a) of this section   13,627       

shall order the respondent to reimburse the agency for the cost    13,628       

of providing the supervision or other services, if it determines                

that the respondent has sufficient income or resources to pay      13,630       

that cost.                                                                      

      (F)(1)  A copy of any protection order, or consent           13,632       

agreement, that is issued or approved under this section shall be  13,633       

issued by the court to the petitioner, to the respondent, and to   13,634       

all law enforcement agencies that have jurisdiction to enforce     13,635       

the order or agreement.  The court shall direct that a copy of an  13,636       

order be delivered to the respondent on the same day that the      13,637       

order is entered.                                                  13,638       

      (2)  All law enforcement agencies shall establish and        13,640       

maintain an index for the protection orders and the approved       13,641       

consent agreements delivered to the agencies pursuant to division  13,642       

(F)(1) of this section.  With respect to each order and consent    13,643       

agreement delivered, each agency shall note on the index, the      13,644       

date and time that it received the order or consent agreement.     13,645       

      (3)  Regardless of whether the petitioner has registered     13,647       

the order or agreement in the county in which the officer's        13,648       

agency has jurisdiction pursuant to division (N) of this section,  13,649       

any officer of a law enforcement agency shall enforce a            13,651       

protection order issued or consent agreement approved by any                    

court in this state in accordance with the provisions of the       13,653       

                                                          334    

                                                                 
order or agreement, including removing the respondent from the     13,654       

premises, if appropriate.                                                       

      (G)  Any proceeding under this section shall be conducted    13,656       

in accordance with the Rules of Civil Procedure, except that an    13,657       

order under this section may be obtained with or without bond.     13,658       

The remedies and procedures provided in this section are in        13,659       

addition to, and not in lieu of, any other available civil or      13,660       

criminal remedies.                                                 13,661       

      (H)  The filing of proceedings under this section does not   13,663       

excuse a person from filing any report or giving any notice        13,664       

required by section 2151.421 of the Revised Code or by any other   13,665       

law.  When a petition under this section alleges domestic          13,666       

violence against minor children, the court shall report the fact,  13,667       

or cause reports to be made, to a county, township, or municipal   13,668       

peace officer under section 2151.421 of the Revised Code.          13,669       

      (I)  Any law enforcement agency that investigates a          13,671       

domestic dispute shall provide information to the family or        13,672       

household members involved regarding the relief available under    13,673       

this section and section 2919.26 of the Revised Code.              13,674       

      (J)  Notwithstanding any provision of law to the contrary,   13,676       

no court shall charge a fee for the filing of a petition pursuant  13,677       

to this section.                                                   13,678       

      (K)(1)  Each order for support made or modified under this   13,680       

section on or after December 31, 1993, shall include as part of    13,681       

the order a general provision, as described in division (A)(1) of  13,682       

section 3113.21 of the Revised Code, requiring the withholding or  13,683       

deduction of wages INCOME or assets of the obligor under the       13,684       

order as described in division (D) of section 3113.21 of the       13,686       

Revised Code or another type of appropriate requirement as         13,687       

described in division (D)(6)(3), (D)(7)(4), or (H) of that         13,688       

section, to ensure that withholding or deduction from the wages    13,690       

INCOME or assets of the obligor is available from the              13,692       

commencement of the support order for collection of the support    13,693       

and of any arrearages that occur; a statement requiring all        13,694       

                                                          335    

                                                                 
parties to the order to notify the child support enforcement       13,695       

agency in writing of their current mailing address, their current  13,696       

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     13,698       

DRIVER'S LICENSE NUMBER, and any changes in either address TO      13,699       

THAT INFORMATION; and a notice that the requirement to notify the  13,700       

agency of all changes in either address TO THAT INFORMATION        13,701       

continues until further notice from the court.  The court shall    13,703       

comply with sections 3113.21 to 3113.219 of the Revised Code when  13,704       

it makes or modifies an order for child support under this         13,705       

section on or after April 12, 1990.                                13,706       

      If any person required to pay child support under an order   13,708       

made under this section on or after April 15, 1985, or modified    13,709       

under this section on or after December 31, 1986, is found in      13,710       

contempt of court for failure to make support payments under the   13,711       

order, the court that makes the finding, in addition to any other  13,712       

penalty or remedy imposed, shall assess all court costs arising    13,713       

out of the contempt proceeding against the person and require the  13,714       

person to pay any reasonable attorney's fees of any adverse        13,715       

party, as determined by the court, that arose in relation to the   13,716       

act of contempt.                                                   13,717       

      (2)  Notwithstanding section 3109.01 of the Revised Code,    13,719       

if a court issues a child support order under this section, the    13,720       

order shall remain in effect beyond the child's eighteenth         13,721       

birthday as long as the child continuously attends on a full-time  13,722       

basis any recognized and accredited high school, THE CHILD HAS A   13,723       

DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 5123.01 OF THE      13,725       

REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF    13,727       

THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.        13,728       

EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY  13,729       

OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY   13,730       

PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT   13,731       

REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any        13,732       

parent ordered to pay support under a child support order issued   13,733       

under this section shall continue to pay support under the order,  13,734       

                                                          336    

                                                                 
including during seasonal vacation periods, until the order        13,735       

terminates.                                                        13,736       

      (L)(1)  A person who violates a protection order issued or   13,738       

a consent agreement approved under this section is subject to the  13,739       

following sanctions:                                               13,740       

      (a)  Criminal prosecution for a violation of section         13,742       

2919.27 of the Revised Code, if the violation of the protection    13,743       

order or consent agreement constitutes a violation of that         13,744       

section;                                                           13,745       

      (b)  Punishment for contempt of court.                       13,747       

      (2)  The punishment of a person for contempt of court for    13,749       

violation of a protection order issued or a consent agreement      13,750       

approved under this section does not bar criminal prosecution of   13,751       

the person for a violation of section 2919.27 of the Revised       13,752       

Code.  However, a person punished for contempt of court is         13,753       

entitled to credit for the punishment imposed upon conviction of   13,754       

a violation of that section, and a person convicted of a           13,755       

violation of that section shall not subsequently be punished for   13,756       

contempt of court arising out of the same activity.                13,757       

      (M)  In all stages of a proceeding under this section, a     13,759       

petitioner may be accompanied by a victim advocate.                13,760       

      (N)(1)  A petitioner who obtains a protection order or       13,762       

consent agreement under this section or a temporary protection     13,763       

order under section 2919.26 of the Revised Code may provide        13,764       

notice of the issuance or approval of the order or agreement to    13,765       

the judicial and law enforcement officials in any county other                  

than the county in which the order is issued or the agreement is   13,766       

approved by registering that order or agreement in the other       13,767       

county pursuant to division (N)(2) of this section and filing a    13,768       

copy of the registered order or registered agreement with a law    13,769       

enforcement agency in the other county in accordance with that     13,770       

division.                                                                       

      (2)  A petitioner may register a temporary protection        13,772       

order, protection order, or consent agreement in a county other    13,773       

                                                          337    

                                                                 
than the county in which the court that issued the order or        13,774       

approved the agreement is located in the following manner:         13,775       

      (a)  The petitioner shall obtain a certified copy of the     13,777       

order or agreement from the clerk of the court that issued the     13,778       

order or approved the agreement and present that certified copy    13,779       

to the clerk of the court of common pleas or the clerk of a        13,780       

municipal court or county court in the county in which the order   13,781       

or agreement is to be registered.                                  13,782       

      (b)  Upon accepting the certified copy of the order or       13,784       

agreement for registration, the clerk of the court of common       13,785       

pleas, municipal court, or county court shall place an             13,786       

endorsement of registration on the order or agreement and give     13,787       

the petitioner a copy of the order or agreement that bears that    13,788       

proof of registration.                                             13,789       

      (3)  The clerk of each court of common pleas, the clerk of   13,791       

each municipal court, and the clerk of each county court shall     13,792       

maintain a registry of certified copies of temporary protection    13,793       

orders, protection orders, or consent agreements that have been    13,794       

issued or approved by courts in other counties and that have been  13,795       

registered with the clerk.                                         13,796       

      (4)  If a petitioner who obtains a protection order or       13,798       

consent agreement under this section or a temporary protection     13,799       

order under section 2919.26 of the Revised Code wishes to          13,800       

register the order or agreement in any county other than the       13,801       

county in which the order was issued or the agreement was                       

approved, pursuant to divisions (N)(1) to (3) of this section,     13,802       

and if the petitioner is indigent, both of the following apply:    13,803       

      (a)  If the petitioner submits to the clerk of the court     13,805       

that issued the order or approved the agreement satisfactory       13,806       

proof that the petitioner is indigent, the clerk may waive any     13,807       

fee that otherwise would be required for providing the petitioner  13,808       

with a certified copy of the order or agreement to be used for                  

purposes of divisions (N)(1) to (3) of this section;               13,809       

      (b)  If the petitioner submits to the clerk of the court of  13,811       

                                                          338    

                                                                 
common pleas or the clerk of a municipal court or county court in  13,812       

the county in which the order or agreement is to be registered     13,814       

satisfactory proof that the petitioner is indigent, the clerk may  13,815       

waive any fee that otherwise would be required for accepting for                

registration a certified copy of the order or agreement, for       13,816       

placing an endorsement of registration on the order or agreement,  13,817       

or for giving the petitioner a copy of the order or agreement      13,818       

that bears the proof of registration.                              13,819       

      Sec. 3113.99.  (A)  For purposes of this section:            13,829       

      (1)  "Child support order" means an order for support        13,831       

issued or modified under Chapter 3115. or section 2151.23,         13,832       

2151.231, 2151.232, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,   13,834       

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     13,835       

Code.                                                                           

      (2)  "Obligor" means a person who is required to pay         13,837       

support under a child support order.                               13,838       

      (B)  Whoever violates section 3113.06 of the Revised Code    13,840       

is guilty of a misdemeanor of the first degree.  If the offender   13,841       

previously has been convicted of or pleaded guilty to a violation  13,842       

of section 3113.06 of the Revised Code or if the court finds that  13,843       

the offender has failed to pay the cost of child maintenance       13,844       

under section 3113.06 of the Revised Code for a total accumulated  13,845       

period of twenty-six weeks out of one hundred four consecutive     13,846       

weeks, whether or not the twenty-six weeks were consecutive, a                  

violation of section 3113.06 of the Revised Code is a felony of    13,847       

the fifth degree.                                                  13,848       

      (C)  An obligor who violates division (D)(1)(c) of section   13,851       

3113.21 of the Revised Code shall be fined not more than fifty     13,852       

dollars for a first offense, not more than one hundred dollars     13,853       

for a second offense, and not more than five hundred dollars for   13,854       

each subsequent offense.                                                        

      (D)  An obligor who violates division (G)(2) of section      13,856       

3113.21 of the Revised Code shall be fined not more than fifty     13,857       

dollars for a first offense, not more than one hundred dollars     13,859       

                                                          339    

                                                                 
for a second offense, and not more than five hundred dollars for   13,860       

each subsequent offense.                                                        

      (E)  A fine amount imposed pursuant to division (C) or (D)   13,863       

of this section shall be paid to the DIVISION OF child support                  

enforcement agency administering the obligor's child support       13,865       

order IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO          13,867       

DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED CODE, THE CHILD  13,868       

SUPPORT ENFORCEMENT AGENCY.  The amount of the fine that does not  13,871       

exceed the amount of arrearage under the child support order       13,872       

shall be disbursed in accordance with the child support order.     13,873       

The amount of the fine that exceeds the amount of the arrearage                 

order shall be used by the agency for the administration of its    13,876       

program for child support enforcement CALLED PROGRAM INCOME AND    13,877       

COLLECTED IN ACCORDANCE WITH SECTION 5101.325 OF THE REVISED       13,878       

CODE.                                                                           

      Sec. 3115.01.  AS USED IN SECTIONS 3115.01 TO 3115.59 OF     13,880       

THE REVISED CODE:                                                               

      (A)  "CHILD" MEANS AN INDIVIDUAL UNDER THE AGE OF MAJORITY,  13,882       

WHO IS OR IS ALLEGED TO BE OWED A DUTY OF SUPPORT BY THE           13,883       

INDIVIDUAL'S PARENT OR WHO IS OR IS ALLEGED TO BE THE BENEFICIARY  13,884       

OF A SUPPORT ORDER DIRECTED TO THE PARENT.                         13,885       

      (B)  "CHILD-SUPPORT ORDER" MEANS AN ORDER FOR THE SUPPORT    13,887       

OF A CHILD THAT PROVIDES FOR MONETARY SUPPORT, WHETHER CURRENT OR  13,888       

IN ARREARS, HEALTH CARE, OR REIMBURSEMENTS, AND MAY INCLUDE        13,889       

RELATED COSTS AND FEES, INTEREST, INCOME WITHHOLDING               13,890       

REQUIREMENTS, ATTORNEY FEES, AND OTHER RELIEF.  "CHILD-SUPPORT     13,891       

ORDER" INCLUDES ORDERS UNDER WHICH THE CHILD HAS ATTAINED THE AGE  13,892       

OF MAJORITY UNDER THE LAW OF THE ISSUING STATE AND ARREARAGES ARE               

OWED UNDER THE ORDER.                                              13,893       

      (C)  "DUTY OF SUPPORT" MEANS AN OBLIGATION IMPOSED OR THAT   13,895       

MAY BE IMPOSED UNDER LAW TO PROVIDE SUPPORT FOR A CHILD, SPOUSE,   13,896       

OR FORMER SPOUSE, INCLUDING AN UNSATISFIED OBLIGATION TO PROVIDE   13,897       

SUPPORT.                                                                        

      (D)  "HOME STATE" MEANS THE STATE IN WHICH A CHILD LIVED     13,899       

                                                          340    

                                                                 
WITH A PARENT OR A PERSON ACTING AS A PARENT FOR AT LEAST SIX      13,900       

CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE TIME OF FILING OF A   13,901       

COMPLAINT OR COMPARABLE PLEADING FOR SUPPORT AND, IF A CHILD IS    13,902       

LESS THAN SIX MONTHS OLD, THE STATE IN WHICH THE CHILD LIVED FROM  13,903       

BIRTH WITH ANY OF THEM.  A PERIOD OF TEMPORARY ABSENCE OF ANY OF   13,904       

THEM IS COUNTED AS PART OF THE SIX-MONTH OR OTHER PERIOD.                       

      (E)  "INCOME" INCLUDES EARNINGS OR OTHER PERIODIC            13,906       

ENTITLEMENTS TO MONEY FROM ANY SOURCE AND ANY OTHER PROPERTY       13,907       

SUBJECT TO WITHHOLDING FOR SUPPORT UNDER THE LAW OF THIS STATE.    13,908       

      (F)  "INCOME-WITHHOLDING ORDER" MEANS AN ORDER OR OTHER      13,910       

LEGAL PROCESS DIRECTED TO AN OBLIGOR'S PAYOR, AS DEFINED IN        13,911       

SECTIONS 3111.20 AND 3113.21 OF THE REVISED CODE, TO WITHHOLD      13,912       

SUPPORT FROM THE INCOME OF THE OBLIGOR.                            13,913       

      (G)  "INITIATING STATE" MEANS A STATE FROM WHICH A           13,915       

PROCEEDING IS FORWARDED OR IN WHICH A PROCEEDING IS FILED FOR      13,916       

FORWARDING TO A RESPONDING STATE UNDER SECTIONS 3115.01 TO         13,917       

3115.59 OF THE REVISED CODE OR A LAW OR PROCEDURE SUBSTANTIALLY    13,918       

SIMILAR TO THOSE SECTIONS, THE UNIFORM RECIPROCAL ENFORCEMENT OF                

SUPPORT ACT, OR THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF      13,919       

SUPPORT ACT.                                                                    

      (H)  "INITIATING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN  13,921       

AN INITIATING STATE.                                               13,922       

      (I)  "ISSUING STATE" MEANS THE STATE IN WHICH A TRIBUNAL     13,924       

ISSUES A SUPPORT ORDER OR RENDERS A JUDGMENT DETERMINING           13,925       

PARENTAGE.                                                                      

      (J)  "ISSUING TRIBUNAL" MEANS THE TRIBUNAL THAT ISSUES A     13,927       

SUPPORT ORDER OR RENDERS A JUDGMENT DETERMINING THE EXISTENCE OR   13,928       

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP.                   13,929       

      (K)  "LAW" INCLUDES DECISIONAL AND STATUTORY LAW AND RULES   13,931       

AND REGULATIONS HAVING THE FORCE OF LAW.                           13,932       

      (L)  "OBLIGEE" MEANS ANY OF THE FOLLOWING:                   13,934       

      (1)  AN INDIVIDUAL TO WHOM A DUTY OF SUPPORT IS OR IS        13,936       

ALLEGED TO BE OWED OR IN WHOSE FAVOR A SUPPORT ORDER HAS BEEN      13,937       

ISSUED OR A JUDGMENT DETERMINING PARENTAGE HAS BEEN RENDERED;      13,938       

                                                          341    

                                                                 
      (2)  A STATE OR POLITICAL SUBDIVISION TO WHICH THE RIGHTS    13,940       

UNDER A DUTY OF SUPPORT OR SUPPORT ORDER HAVE BEEN ASSIGNED OR     13,941       

WHICH HAS INDEPENDENT CLAIMS BASED ON FINANCIAL ASSISTANCE         13,942       

PROVIDED TO AN INDIVIDUAL OBLIGEE;                                              

      (3)  AN INDIVIDUAL SEEKING A JUDGMENT DETERMINING PARENTAGE  13,944       

OF THE INDIVIDUAL'S CHILD.                                         13,945       

      (M)  "OBLIGOR" MEANS AN INDIVIDUAL, OR THE ESTATE OF A       13,947       

DECEDENT TO WHICH ANY OF THE FOLLOWING APPLIES:                    13,948       

      (1)  THE INDIVIDUAL OR ESTATE OWES OR IS ALLEGED TO OWE A    13,950       

DUTY OF SUPPORT;                                                                

      (2)  THE INDIVIDUAL IS ALLEGED BUT HAS NOT BEEN ADJUDICATED  13,952       

TO BE A PARENT OF A CHILD;                                         13,953       

      (3)  THE INDIVIDUAL OR ESTATE IS LIABLE UNDER A SUPPORT      13,955       

ORDER.                                                                          

      (N)  "REGISTER" MEANS TO FILE A SUPPORT ORDER OR JUDGMENT    13,957       

DETERMINING THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD    13,958       

RELATIONSHIP IN A REGISTERING TRIBUNAL.                            13,959       

      (O)  "REGISTERING TRIBUNAL" MEANS A TRIBUNAL IN WHICH A      13,961       

SUPPORT ORDER IS REGISTERED.                                       13,962       

      (P)  "RESPONDING STATE" MEANS A STATE IN WHICH A PROCEEDING  13,964       

IS FILED OR TO WHICH A PROCEEDING IS FORWARDED FOR FILING FROM AN  13,965       

INITIATING STATE UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED  13,966       

CODE OR A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR TO THOSE          13,967       

SECTIONS, THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR    13,968       

THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.                      

      (Q)  "RESPONDING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN  13,970       

A RESPONDING STATE.                                                13,971       

      (R)  "REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT      13,973       

ACT" MEANS THE ACT ADDRESSING INTERSTATE ENFORCEMENT OF SUPPORT    13,974       

ORDERS ADOPTED IN 1968 BY THE NATIONAL CONFERENCE OF               13,975       

COMMISSIONERS ON UNIFORM STATE LAWS OR ANY LAW SUBSTANTIALLY       13,976       

SIMILAR TO THE ACT ADOPTED BY ANOTHER STATE.                       13,977       

      (S)  "SPOUSAL-SUPPORT ORDER" MEANS AN ORDER FOR THE SUPPORT  13,979       

OF A SPOUSE OR FORMER SPOUSE THAT PROVIDES FOR MONETARY SUPPORT,   13,980       

                                                          342    

                                                                 
WHETHER CURRENT OR IN ARREARS, HEALTH CARE, OR REIMBURSEMENTS,     13,981       

AND MAY INCLUDE RELATED COSTS AND FEES, INTEREST, INCOME           13,982       

WITHHOLDING REQUIREMENTS, ATTORNEY FEES, AND OTHER RELIEF.         13,983       

      (T)  "STATE" HAS THE SAME MEANING AS IN SECTION 1.59 OF THE  13,985       

REVISED CODE, EXCEPT THAT IT ALSO INCLUDES BOTH OF THE FOLLOWING:  13,986       

      (1)  AN INDIAN TRIBE;                                        13,988       

      (2)  A FOREIGN JURISDICTION THAT HAS ENACTED A LAW OR        13,990       

ESTABLISHED PROCEDURES FOR ISSUANCE AND ENFORCEMENT OF SUPPORT     13,991       

ORDERS THAT ARE SUBSTANTIALLY SIMILAR TO THE PROCEDURES UNDER      13,992       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE UNIFORM       13,993       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM      13,994       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT.                                          

      (U)  "SUPPORT ENFORCEMENT AGENCY" MEANS A PUBLIC OFFICIAL    13,996       

OR AGENCY AUTHORIZED TO DO ANY OF THE FOLLOWING:                   13,997       

      (1)  SEEK ENFORCEMENT OF SUPPORT ORDERS OR LAWS RELATING TO  13,999       

THE DUTY OF SUPPORT;                                               14,000       

      (2)  SEEK ESTABLISHMENT OR MODIFICATION OF CHILD SUPPORT;    14,002       

      (3)  SEEK DETERMINATION OF THE EXISTENCE OR NON-EXISTENCE    14,004       

OF A PARENT AND CHILD RELATIONSHIP;                                14,005       

      (4)  LOCATE OBLIGORS OR THEIR ASSETS.                        14,007       

      (V)  "SUPPORT ORDER" MEANS A SPOUSAL-SUPPORT ORDER OR        14,009       

CHILD-SUPPORT ORDER.                                               14,010       

      (W)  "TRIBUNAL" MEANS ANY TRIAL COURT OF RECORD OF THIS      14,012       

STATE AND WHEN THE CONTEXT REQUIRES, A COURT, ADMINISTRATIVE       14,013       

AGENCY, OR QUASI-JUDICIAL ENTITY OF ANY OTHER STATE AUTHORIZED TO  14,014       

ESTABLISH, ENFORCE, OR MODIFY SUPPORT ORDERS OR TO DETERMINE       14,015       

PARENTAGE.                                                                      

      (X)  "UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT" MEANS   14,017       

THE ACT ADDRESSING INTERSTATE ENFORCEMENT OF SUPPORT ORDERS        14,018       

ADOPTED IN 1950 AND AMENDED IN 1952 AND 1958 BY THE NATIONAL       14,019       

CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS OR ANY LAW       14,021       

SUBSTANTIALLY SIMILAR TO THE ACT ADOPTED BY ANOTHER STATE.                      

      Sec. 3115.02.  REMEDIES PROVIDED BY SECTIONS 3115.01 TO      14,023       

3115.59 OF THE REVISED CODE ARE IN ADDITION TO, NOT IN             14,024       

                                                          343    

                                                                 
SUBSTITUTION FOR, ANY OTHER REMEDIES.                                           

      Sec. 3115.03.  IN A PROCEEDING TO ESTABLISH, ENFORCE, OR     14,026       

MODIFY A SUPPORT ORDER OR TO DETERMINE THE EXISTENCE OR            14,027       

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, A TRIBUNAL OF     14,028       

THIS STATE MAY EXERCISE PERSONAL JURISDICTION OVER A NONRESIDENT   14,029       

INDIVIDUAL IF ANY OF THE FOLLOWING IS THE CASE:                    14,030       

      (A)  THE INDIVIDUAL IS PERSONALLY SERVED WITH SUMMONS        14,033       

WITHIN THIS STATE;                                                              

      (B)  THE INDIVIDUAL SUBMITS TO THE JURISDICTION OF THIS      14,035       

STATE BY CONSENT, BY ENTERING A GENERAL APPEARANCE, OR BY FILING   14,036       

A RESPONSIVE PLEADING OR OTHER DOCUMENT HAVING THE EFFECT OF       14,037       

WAIVING ANY CONTEST TO PERSONAL JURISDICTION;                      14,039       

      (C)  THE INDIVIDUAL RESIDED WITH THE CHILD IN THIS STATE;    14,041       

      (D)  THE INDIVIDUAL RESIDED IN THIS STATE AND PROVIDED       14,043       

PRENATAL EXPENSES OR SUPPORT FOR THE CHILD;                        14,044       

      (E)  THE CHILD RESIDES IN THIS STATE AS A RESULT OF THE      14,046       

ACTS OR DIRECTIVES OF THE INDIVIDUAL;                              14,047       

      (F)  THE INDIVIDUAL ENGAGED IN SEXUAL INTERCOURSE IN THIS    14,049       

STATE AND THE CHILD MAY HAVE BEEN CONCEIVED BY THAT ACT OF         14,050       

INTERCOURSE;                                                       14,051       

      (G)  THE INDIVIDUAL REGISTERED IN THE PUTATIVE FATHER        14,054       

REGISTRY MAINTAINED PURSUANT TO SECTION 3107.062 OF THE REVISED                 

CODE;                                                                           

      (H)  THERE IS ANY OTHER BASIS FOR THE STATE TO EXERCISE      14,058       

PERSONAL JURISDICTION OVER THE INDIVIDUAL.                                      

      Sec. 3115.04.  A TRIBUNAL OF THIS STATE EXERCISING PERSONAL  14,060       

JURISDICTION OVER A NONRESIDENT UNDER SECTION 3115.03 OF THE       14,061       

REVISED CODE MAY APPLY SECTION 3115.27 OF THE REVISED CODE TO      14,062       

OBTAIN EVIDENCE FROM ANOTHER STATE AND SECTION 3115.29 OF THE      14,063       

REVISED CODE TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF ANOTHER     14,064       

STATE.  IN ALL OTHER RESPECTS, SECTIONS 3115.12 TO 3115.52 OF THE  14,065       

REVISED CODE ARE NOT APPLICABLE AND THE TRIBUNAL SHALL APPLY THE   14,066       

PROCEDURAL AND SUBSTANTIVE LAW OF THIS STATE, INCLUDING THE RULES  14,067       

ON CHOICE OF LAW OTHER THAN THOSE ESTABLISHED BY SECTIONS 3115.01  14,068       

                                                          344    

                                                                 
TO 3115.59 OF THE REVISED CODE.                                                 

      Sec. 3115.05.  UNDER SECTIONS 3115.01 TO 3115.59 OF THE      14,070       

REVISED CODE, A TRIBUNAL OF THIS STATE MAY SERVE AS AN INITIATING  14,072       

TRIBUNAL TO FORWARD PROCEEDINGS TO ANOTHER STATE AND AS A          14,073       

RESPONDING TRIBUNAL FOR PROCEEDINGS INITIATED IN ANOTHER STATE.    14,074       

      Sec. 3115.06.  (A)  A TRIBUNAL OF THIS STATE MAY EXERCISE    14,076       

JURISDICTION TO ISSUE A SUPPORT ORDER IF THE COMPLAINT OR          14,078       

COMPARABLE PLEADING IS FILED IN THIS STATE AFTER A COMPLAINT OR    14,079       

COMPARABLE PLEADING REQUESTING THE ISSUANCE OF A SUPPORT ORDER IS  14,080       

FILED IN ANOTHER STATE ONLY IF ALL OF THE FOLLOWING APPLY:         14,081       

      (1)  THE COMPLAINT OR COMPARABLE PLEADING IS FILED IN THIS   14,084       

STATE BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THE OTHER                    

STATE FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE    14,085       

OF JURISDICTION BY THE OTHER STATE;                                14,086       

      (2)  THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF  14,088       

JURISDICTION IN THE OTHER STATE;                                   14,089       

      (3)  WITH RESPECT TO ACTIONS TO ISSUE CHILD-SUPPORT ORDERS,  14,091       

THIS STATE IS THE HOME STATE OF THE CHILD.                         14,092       

      (B)  A TRIBUNAL OF THIS STATE MAY NOT EXERCISE JURISDICTION  14,094       

TO ISSUE A SUPPORT ORDER IF THE COMPLAINT OR COMPARABLE PLEADING   14,096       

IS FILED IN THIS STATE BEFORE A COMPLAINT OR COMPARABLE PLEADING                

REQUESTING THE ISSUANCE OF A SUPPORT ORDER IS FILED IN ANOTHER     14,098       

STATE IF ANY OF THE FOLLOWING IS THE CASE:                                      

      (1)  THE COMPLAINT OR COMPARABLE PLEADING IS FILED IN THE    14,101       

OTHER STATE BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THIS                   

STATE FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE    14,103       

OF JURISDICTION BY THIS STATE.                                     14,104       

      (2)  THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF  14,106       

JURISDICTION IN THIS STATE.                                        14,107       

      (3)  WITH RESPECT TO ACTIONS TO ISSUE CHILD-SUPPORT ORDERS,  14,109       

THE OTHER STATE IS THE HOME STATE OF THE CHILD.                    14,111       

      Sec. 3115.07.  (A)  A TRIBUNAL OF THIS STATE HAS             14,114       

CONTINUING, EXCLUSIVE JURISDICTION OVER A CHILD-SUPPORT ORDER IT   14,116       

ISSUES AS LONG AS THE OBLIGOR, INDIVIDUAL OBLIGEE, OR CHILD        14,118       

                                                          345    

                                                                 
SUBJECT TO THE CHILD-SUPPORT ORDER IS A RESIDENT OF THIS STATE,    14,119       

UNLESS ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED WRITTEN   14,121       

CONSENTS WITH THE TRIBUNAL OF THIS STATE FOR A TRIBUNAL OF         14,122       

ANOTHER STATE TO MODIFY THE ORDER AND ASSUME CONTINUING,                        

EXCLUSIVE JURISDICTION.                                            14,123       

      (B)  A TRIBUNAL OF THIS STATE MAY NOT EXERCISE CONTINUING    14,127       

JURISDICTION TO MODIFY A CHILD-SUPPORT ORDER IT ISSUES IF THE                   

ORDER IS MODIFIED BY A TRIBUNAL OF ANOTHER STATE PURSUANT TO A     14,129       

LAW ADOPTED BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO                 

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.                   14,130       

      (C)  IF A CHILD-SUPPORT ORDER ISSUED BY A TRIBUNAL OF THIS   14,132       

STATE IS MODIFIED BY A TRIBUNAL OF ANOTHER STATE PURSUANT TO A     14,134       

LAW ADOPTED BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO    14,135       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE TRIBUNAL OF                

THIS STATE LOSES ITS CONTINUING, EXCLUSIVE JURISDICTION WITH       14,137       

REGARD TO PROSPECTIVE ENFORCEMENT OF THE ORDER, AND MAY DO ONLY    14,139       

THE FOLLOWING:                                                                  

      (1)  ORDER COLLECTION OF SUPPORT AMOUNTS ACCRUING BEFORE     14,142       

THE MODIFICATION OF THE ORDER;                                                  

      (2)  ENFORCE NONMODIFIABLE ASPECTS OF THAT ORDER;            14,144       

      (3)  PROVIDE OTHER APPROPRIATE RELIEF FOR VIOLATIONS OF THE  14,146       

ORDER THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THE               14,147       

MODIFICATION.                                                      14,148       

      (D)  A TRIBUNAL OF THIS STATE SHALL RECOGNIZE THE            14,150       

CONTINUING, EXCLUSIVE JURISDICTION OF A TRIBUNAL OF ANOTHER STATE  14,151       

THAT HAS ISSUED A CHILD-SUPPORT ORDER PURSUANT TO A LAW ADOPTED    14,153       

BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO SECTIONS                    

3115.01 TO 3115.59 OF THE REVISED CODE.                            14,154       

      (E)  A TEMPORARY SUPPORT ORDER ISSUED EX PARTE OR PENDING    14,156       

RESOLUTION OF A JURISDICTIONAL CONFLICT DOES NOT CREATE            14,157       

CONTINUING, EXCLUSIVE JURISDICTION IN THE ISSUING TRIBUNAL.        14,158       

      (F)  A TRIBUNAL OF THIS STATE HAS CONTINUING, EXCLUSIVE      14,161       

JURISDICTION OVER A SPOUSAL-SUPPORT ORDER IT ISSUES THROUGHOUT     14,162       

THE EXISTENCE OF THE SUPPORT OBLIGATION.  A TRIBUNAL OF THIS       14,163       

                                                          346    

                                                                 
STATE MAY NOT MODIFY A SPOUSAL-SUPPORT ORDER ISSUED BY A TRIBUNAL  14,164       

OF ANOTHER STATE HAVING CONTINUING, EXCLUSIVE JURISDICTION OVER    14,165       

THAT ORDER UNDER THE LAW OF THAT STATE.                            14,166       

      Sec. 3115.08.  (A)  A TRIBUNAL OF THIS STATE MAY SERVE AS    14,168       

AN INITIATING TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO   14,170       

ENFORCE OR MODIFY A SUPPORT ORDER ISSUED IN THAT STATE.            14,171       

      (B)  A TRIBUNAL OF THIS STATE HAVING CONTINUING, EXCLUSIVE   14,173       

JURISDICTION OVER A SUPPORT ORDER MAY ACT AS A RESPONDING          14,174       

TRIBUNAL TO ENFORCE OR MODIFY THE ORDER.  IF A PARTY SUBJECT TO    14,175       

THE CONTINUING, EXCLUSIVE JURISDICTION OF THE TRIBUNAL NO LONGER   14,176       

RESIDES IN THE ISSUING STATE, IN SUBSEQUENT PROCEEDINGS THE        14,177       

TRIBUNAL MAY APPLY SECTION 3115.27 OF THE REVISED CODE TO OBTAIN   14,179       

EVIDENCE FROM ANOTHER STATE AND SECTION 3115.29 OF THE REVISED     14,180       

CODE TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF ANOTHER STATE.      14,181       

      (C)  A TRIBUNAL OF THIS STATE THAT LACKS CONTINUING,         14,183       

EXCLUSIVE JURISDICTION OVER A SPOUSAL-SUPPORT ORDER MAY NOT SERVE  14,185       

AS A RESPONDING TRIBUNAL TO MODIFY A SPOUSAL-SUPPORT ORDER OF      14,186       

ANOTHER STATE.                                                                  

      Sec. 3115.09.  (A)  IF A PROCEEDING IS BROUGHT UNDER         14,188       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, AND ONLY ONE      14,189       

TRIBUNAL HAS ISSUED A CHILD-SUPPORT ORDER, THE ORDER OF THAT       14,190       

TRIBUNAL SHALL BE RECOGNIZED AS CONTROLLING.                       14,191       

      (B)  IF A PROCEEDING IS BROUGHT UNDER SECTIONS 3115.01 TO    14,193       

3115.59 OF THE REVISED CODE, AND TWO OR MORE CHILD-SUPPORT ORDERS  14,195       

HAVE BEEN ISSUED BY TRIBUNALS OF THIS STATE OR ANOTHER STATE WITH  14,196       

REGARD TO THE SAME OBLIGOR AND CHILD, A TRIBUNAL OF THIS STATE     14,197       

SHALL DO THE FOLLOWING:                                                         

      (1)  IF ONLY ONE OF THE TRIBUNALS WOULD HAVE CONTINUING,     14,199       

EXCLUSIVE JURISDICTION, RECOGNIZE THE CHILD-SUPPORT ORDER OF THAT  14,201       

TRIBUNAL AS CONTROLLING.                                                        

      (2)  IF MORE THAN ONE OF THE TRIBUNALS WOULD HAVE            14,203       

CONTINUING, EXCLUSIVE JURISDICTION, RECOGNIZE THE CHILD-SUPPORT    14,204       

ORDER ISSUED BY THE TRIBUNAL IN THE CURRENT HOME STATE OF THE      14,206       

CHILD AS CONTROLLING, BUT IF A CHILD-SUPPORT ORDER HAS NOT BEEN    14,207       

                                                          347    

                                                                 
ISSUED IN THE CURRENT HOME STATE OF THE CHILD, RECOGNIZE THE       14,208       

CHILD-SUPPORT ORDER MOST RECENTLY ISSUED AS CONTROLLING.           14,210       

      (3)  IF NONE OF THE TRIBUNALS WOULD HAVE CONTINUING,         14,212       

EXCLUSIVE JURISDICTION, THE TRIBUNAL OF THIS STATE HAVING          14,213       

JURISDICTION OVER THE PARTIES SHALL ISSUE ITS OWN CHILD-SUPPORT    14,215       

ORDER WHICH SHALL BE CONTROLLING.                                               

      (C)  IF TWO OR MORE CHILD-SUPPORT ORDERS HAVE BEEN ISSUED    14,217       

FOR THE SAME OBLIGOR AND CHILD AND THE OBLIGOR OR THE INDIVIDUAL   14,218       

OBLIGEE RESIDES IN THIS STATE, A PARTY MAY REQUEST A TRIBUNAL OF   14,219       

THIS STATE TO DETERMINE WHICH ORDER TO RECOGNIZE AS CONTROLLING    14,220       

PURSUANT TO DIVISION (B) OF THIS SECTION.  THE REQUEST MUST BE     14,221       

ACCOMPANIED BY A CERTIFIED COPY OF EVERY SUPPORT ORDER IN EFFECT.  14,223       

THE REQUESTING PARTY SHALL GIVE NOTICE OF THE REQUEST TO EACH      14,224       

PARTY WHOSE RIGHTS MAY BE AFFECTED BY THE DETERMINATION.                        

      (D)  THE TRIBUNAL THAT ISSUED THE CONTROLLING CHILD-SUPPORT  14,226       

ORDER UNDER DIVISION (A), (B), OR (C) OF THIS SECTION IS THE       14,228       

TRIBUNAL THAT HAS CONTINUING, EXCLUSIVE JURISDICTION UNDER         14,230       

SECTION 3115.07 OF THE REVISED CODE.                                            

      (E)  A TRIBUNAL OF THIS STATE THAT DETERMINES BY ORDER THE   14,232       

IDENTITY OF THE CONTROLLING CHILD-SUPPORT ORDER UNDER DIVISION     14,233       

(B)(1) OR (2) OF THIS SECTION OR THAT ISSUES A NEW CONTROLLING     14,235       

CHILD-SUPPORT ORDER UNDER DIVISION (B)(3) OF THIS SECTION SHALL    14,237       

STATE IN THE ORDER OR CHILD-SUPPORT ORDER THE BASIS UPON WHICH                  

THE TRIBUNAL MADE ITS DETERMINATION.                               14,239       

      (F)  WITHIN THIRTY DAYS AFTER ISSUANCE OF AN ORDER           14,241       

RECOGNIZING THE CONTROLLING CHILD-SUPPORT ORDER OR A NEW           14,242       

CONTROLLING CHILD-SUPPORT ORDER, THE PARTY OBTAINING THE ORDER     14,244       

SHALL FILE A CERTIFIED COPY OF IT WITH EACH TRIBUNAL THAT ISSUED   14,245       

OR REGISTERED AN EARLIER CHILD-SUPPORT ORDER.  A PARTY WHO         14,246       

OBTAINS THE ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT    14,247       

TO APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF       14,248       

FAILURE TO FILE ARISES.  THE FAILURE TO FILE DOES NOT AFFECT THE   14,249       

VALIDITY OR ENFORCEABILITY OF THE CONTROLLING ORDER.                            

      Sec. 3115.10.  IN RESPONDING TO MULTIPLE REGISTRATIONS OR    14,251       

                                                          348    

                                                                 
COMPLAINTS FOR ENFORCEMENT OF TWO OR MORE CHILD-SUPPORT ORDERS IN  14,252       

EFFECT AT THE SAME TIME WITH REGARD TO THE SAME OBLIGOR AND        14,253       

DIFFERENT INDIVIDUAL OBLIGEES, AT LEAST ONE OF WHICH WAS ISSUED    14,254       

BY A TRIBUNAL OF ANOTHER STATE, A TRIBUNAL OF THIS STATE SHALL     14,255       

ENFORCE THOSE ORDERS IN THE SAME MANNER AS IF THE MULTIPLE ORDERS  14,257       

HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE.                                    

      Sec. 3115.11.  AMOUNTS COLLECTED AND CREDITED FOR A          14,259       

PARTICULAR PERIOD PURSUANT TO A SUPPORT ORDER ISSUED BY A          14,260       

TRIBUNAL OF ANOTHER STATE MUST BE CREDITED AGAINST THE AMOUNTS     14,261       

ACCRUING OR ACCRUED FOR THE SAME PERIOD UNDER A SUPPORT ORDER      14,262       

COVERING THE SAME PARTIES FOR THE SAME DUTY OF SUPPORT ISSUED BY   14,263       

THE TRIBUNAL OF THIS STATE.                                        14,264       

      Sec. 3115.12.  AN INDIVIDUAL OR A SUPPORT ENFORCEMENT        14,266       

AGENCY MAY COMMENCE A PROCEEDING AUTHORIZED UNDER SECTIONS         14,267       

3115.01 TO 3115.59 OF THE REVISED CODE BY FILING A COMPLAINT IN    14,268       

AN INITIATING TRIBUNAL FOR FORWARDING TO A RESPONDING TRIBUNAL OR  14,269       

BY FILING A COMPLAINT OR A COMPARABLE PLEADING DIRECTLY IN A       14,270       

TRIBUNAL OF ANOTHER STATE THAT HAS OR CAN OBTAIN PERSONAL          14,271       

JURISDICTION OVER THE DEFENDANT.                                                

      Sec. 3115.13.  A MINOR PARENT, OR A GUARDIAN OR OTHER LEGAL  14,273       

REPRESENTATIVE OF A MINOR PARENT, MAY MAINTAIN A PROCEEDING ON     14,274       

BEHALF OF OR FOR THE BENEFIT OF THE MINOR'S CHILD.                 14,275       

      Sec. 3115.14.  EXCEPT AS OTHERWISE PROVIDED BY SECTIONS      14,277       

3115.01 TO 3115.59 OF THE REVISED CODE, A RESPONDING TRIBUNAL OF   14,279       

THIS STATE SHALL APPLY THE PROCEDURAL AND SUBSTANTIVE LAW,         14,280       

INCLUDING THE RULES ON CHOICE OF LAW, GENERALLY APPLICABLE TO      14,281       

SIMILAR PROCEEDINGS ORIGINATING IN THIS STATE AND MAY EXERCISE     14,282       

ALL POWERS AND PROVIDE ALL REMEDIES AVAILABLE IN THOSE             14,283       

PROCEEDINGS AND SHALL DETERMINE THE DUTY OF SUPPORT AND THE        14,285       

AMOUNT OF SUPPORT PAYABLE IN ACCORDANCE WITH SECTIONS 3113.21 TO   14,286       

3113.219 AND SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.      14,287       

      Sec. 3115.15.  (A)  ON THE FILING OF A COMPLAINT PURSUANT    14,289       

TO SECTION 3115.12 OF THE REVISED CODE, AN INITIATING TRIBUNAL OF  14,290       

THIS STATE SHALL FORWARD THREE COPIES OF THE COMPLAINT AND ITS     14,291       

                                                          349    

                                                                 
ACCOMPANYING DOCUMENTS TO EITHER OF THE FOLLOWING:                 14,292       

      (1)  THE RESPONDING TRIBUNAL OR APPROPRIATE SUPPORT          14,294       

ENFORCEMENT AGENCY IN THE RESPONDING STATE;                        14,295       

      (2)  THE STATE INFORMATION AGENCY OF THE RESPONDING STATE    14,297       

WITH A REQUEST THAT THEY BE FORWARDED TO THE APPROPRIATE           14,298       

TRIBUNAL, IF THE IDENTITY OF THE RESPONDING TRIBUNAL IS UNKNOWN,   14,299       

AND THAT RECEIPT BE ACKNOWLEDGED.                                  14,300       

      (B)  IF A RESPONDING STATE HAS NOT ENACTED A LAW OR          14,303       

PROCEDURE SUBSTANTIALLY SIMILAR TO SECTIONS 3115.01 TO 3115.59 OF               

THE REVISED CODE, A TRIBUNAL OF THIS STATE MAY ISSUE A             14,305       

CERTIFICATE OR OTHER DOCUMENT AND MAKE FINDINGS REQUIRED BY THE    14,306       

LAW OF THE RESPONDING STATE.  IF THE RESPONDING STATE IS A         14,307       

FOREIGN JURISDICTION, THE TRIBUNAL MAY SPECIFY THE AMOUNT OF       14,308       

SUPPORT SOUGHT AND PROVIDE OTHER DOCUMENTS NECESSARY TO SATISFY    14,309       

THE REQUIREMENTS OF THE RESPONDING STATE.                                       

      Sec. 3115.16.  (A)  WHEN A RESPONDING TRIBUNAL OF THIS       14,311       

STATE RECEIVES A COMPLAINT OR COMPARABLE PLEADING FROM AN          14,313       

INITIATING TRIBUNAL OR DIRECTLY PURSUANT TO SECTION 3115.12 OF     14,314       

THE REVISED CODE, IT SHALL CAUSE THE COMPLAINT OR PLEADING TO BE   14,315       

FILED AND NOTIFY THE PLAINTIFF WHERE AND WHEN IT WAS FILED.        14,316       

      (B)  A RESPONDING TRIBUNAL OF THIS STATE, TO THE EXTENT      14,318       

OTHERWISE AUTHORIZED BY LAW, MAY DO ONE OR MORE OF THE FOLLOWING   14,320       

CONSISTENT WITH APPLICABLE SECTIONS OF CHAPTERS 3105., 3109.,      14,321       

3111., AND 3113. OF THE REVISED CODE:                                           

      (1)  ISSUE OR ENFORCE A SUPPORT ORDER, MODIFY A              14,323       

CHILD-SUPPORT ORDER, OR DETERMINE THE EXISTENCE OR NONEXISTENCE    14,324       

OF A PARENT AND CHILD RELATIONSHIP;                                14,325       

      (2)  ORDER AN OBLIGOR TO COMPLY WITH A SUPPORT ORDER,        14,327       

SPECIFYING THE AMOUNT AND THE MANNER OF COMPLIANCE;                14,328       

      (3)  ORDER INCOME WITHHOLDING;                               14,330       

      (4)  DETERMINE THE AMOUNT OF ANY ARREARAGES, AND SPECIFY A   14,332       

METHOD OF PAYMENT;                                                 14,333       

      (5)  ENFORCE ORDERS BY CIVIL OR CRIMINAL CONTEMPT, OR BOTH;  14,335       

      (6)  SET ASIDE PROPERTY FOR SATISFACTION OF THE SUPPORT      14,337       

                                                          350    

                                                                 
ORDER;                                                             14,338       

      (7)  PLACE LIENS AND ORDER EXECUTION ON THE OBLIGOR'S        14,340       

PROPERTY;                                                          14,341       

      (8)  ORDER AN OBLIGOR TO KEEP THE TRIBUNAL INFORMED OF THE   14,343       

OBLIGOR'S CURRENT RESIDENTIAL ADDRESS, TELEPHONE NUMBER,           14,344       

EMPLOYER, ADDRESS OF EMPLOYMENT, AND TELEPHONE NUMBER AT THE       14,345       

PLACE OF EMPLOYMENT;                                               14,346       

      (9)  ISSUE A BENCH WARRANT FOR AN OBLIGOR WHO HAS FAILED     14,349       

AFTER PROPER NOTICE TO APPEAR AT A HEARING ORDERED BY THE                       

TRIBUNAL AND ENTER THE BENCH WARRANT IN ANY LOCAL AND STATE        14,351       

COMPUTER SYSTEMS FOR CRIMINAL WARRANTS;                                         

      (10)  ORDER THE OBLIGOR TO SEEK APPROPRIATE EMPLOYMENT BY    14,353       

SPECIFIED METHODS;                                                 14,354       

      (11)  AWARD REASONABLE ATTORNEY'S FEES AND OTHER FEES AND    14,356       

COSTS;                                                             14,357       

      (12)  GRANT ANY OTHER AVAILABLE REMEDY.                      14,359       

      (C)  A RESPONDING TRIBUNAL OF THIS STATE SHALL INCLUDE IN A  14,361       

SUPPORT ORDER ISSUED UNDER SECTIONS 3115.01 TO 3115.59 OF THE      14,362       

REVISED CODE, OR IN THE DOCUMENTS ACCOMPANYING THE ORDER, THE      14,364       

CALCULATIONS ON WHICH THE SUPPORT ORDER IS BASED.                  14,365       

      (D)  A RESPONDING TRIBUNAL OF THIS STATE MAY NOT CONDITION   14,367       

THE PAYMENT OF A SUPPORT ORDER ISSUED UNDER SECTIONS 3115.01 TO    14,368       

3115.59 OF THE REVISED CODE UPON COMPLIANCE BY A PARTY WITH        14,370       

PROVISIONS FOR VISITATION.                                                      

      (E)  IF A RESPONDING TRIBUNAL OF THIS STATE ISSUES AN ORDER  14,372       

UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE         14,373       

TRIBUNAL SHALL SEND A COPY OF THE ORDER TO THE PLAINTIFF AND THE   14,375       

DEFENDANT AND TO THE INITIATING TRIBUNAL, IF ANY.                  14,376       

      Sec. 3115.17.  IF A COMPLAINT OR COMPARABLE PLEADING IS      14,378       

RECEIVED BY AN INAPPROPRIATE TRIBUNAL OF THIS STATE, THE TRIBUNAL  14,379       

SHALL FORWARD THE PLEADING AND ACCOMPANYING DOCUMENTS TO AN        14,380       

APPROPRIATE TRIBUNAL IN THIS STATE OR ANOTHER STATE AND NOTIFY     14,381       

THE PLAINTIFF WHERE AND WHEN THE PLEADING WAS SENT.                14,382       

      Sec. 3115.18.  (A)  A SUPPORT ENFORCEMENT AGENCY OF THIS     14,384       

                                                          351    

                                                                 
STATE, UPON REQUEST, SHALL PROVIDE SERVICES TO A PLAINTIFF IN A    14,386       

PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.  14,387       

      (B)  A SUPPORT ENFORCEMENT AGENCY THAT IS PROVIDING          14,389       

SERVICES TO THE PLAINTIFF, AS APPROPRIATE, SHALL DO ALL OF THE     14,390       

FOLLOWING:                                                                      

      (1)  TAKE ALL STEPS NECESSARY TO ENABLE AN APPROPRIATE       14,392       

TRIBUNAL IN THIS STATE OR ANOTHER STATE TO OBTAIN JURISDICTION     14,393       

OVER THE DEFENDANT;                                                14,394       

      (2)  REQUEST AN APPROPRIATE TRIBUNAL TO SET A DATE, TIME,    14,396       

AND PLACE FOR A HEARING;                                           14,397       

      (3)  MAKE A REASONABLE EFFORT TO OBTAIN ALL RELEVANT         14,399       

INFORMATION, INCLUDING INFORMATION AS TO INCOME AND PROPERTY OF    14,400       

THE PARTIES;                                                       14,401       

      (4)  WITHIN TWO DAYS, NOT INCLUDING SATURDAYS, SUNDAYS, AND  14,404       

LEGAL HOLIDAYS, AFTER RECEIPT OF A WRITTEN NOTICE FROM A TRIBUNAL  14,406       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, SEND               

A COPY OF THE NOTICE TO THE PLAINTIFF;                             14,407       

      (5)  WITHIN TWO DAYS, NOT INCLUDING SATURDAYS, SUNDAYS, AND  14,410       

LEGAL HOLIDAYS, AFTER RECEIPT OF A WRITTEN COMMUNICATION FROM THE  14,412       

DEFENDANT OR THE DEFENDANT'S ATTORNEY, SEND A COPY OF THE          14,413       

COMMUNICATION TO THE PLAINTIFF;                                                 

      (6)  NOTIFY THE PLAINTIFF IF JURISDICTION OVER THE           14,415       

DEFENDANT CANNOT BE OBTAINED.                                      14,416       

      (C)  SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE DO NOT  14,418       

CREATE OR NEGATE A RELATIONSHIP OF ATTORNEY AND CLIENT OR OTHER    14,420       

FIDUCIARY RELATIONSHIP BETWEEN A SUPPORT ENFORCEMENT AGENCY OR     14,421       

THE ATTORNEY FOR THE AGENCY AND THE INDIVIDUAL BEING ASSISTED BY   14,422       

THE AGENCY.                                                                     

      Sec. 3115.19.  IF THE ATTORNEY GENERAL DETERMINES THAT THE   14,424       

SUPPORT ENFORCEMENT AGENCY IS NEGLECTING OR REFUSING TO PROVIDE    14,425       

SERVICES TO AN INDIVIDUAL, THE ATTORNEY GENERAL MAY ORDER THE      14,426       

AGENCY TO PERFORM ITS DUTIES PURSUANT TO SECTIONS 3115.01 TO       14,427       

3115.59 OF THE REVISED CODE OR MAY PROVIDE THOSE SERVICES          14,428       

DIRECTLY TO THE INDIVIDUAL.                                                     

                                                          352    

                                                                 
      Sec. 3115.20.  AN INDIVIDUAL MAY EMPLOY PRIVATE COUNSEL TO   14,430       

REPRESENT THE INDIVIDUAL IN PROCEEDINGS AUTHORIZED BY SECTIONS     14,431       

3115.01 TO 3115.59 OF THE REVISED CODE.                                         

      Sec. 3115.21.  (A)  THE STATE DEPARTMENT OF HUMAN SERVICES   14,433       

IS THE STATE INFORMATION AGENCY UNDER SECTIONS 3115.01 TO 3115.59  14,435       

OF THE REVISED CODE.                                                            

      (B)  THE STATE INFORMATION AGENCY SHALL DO ALL OF THE        14,437       

FOLLOWING:                                                                      

      (1)  COMPILE A LIST, INCLUDING ADDRESSES, OF THE TRIBUNALS   14,440       

IN THIS STATE AND EACH SUPPORT ENFORCEMENT AGENCY IN THIS STATE    14,442       

AND TRANSMIT A COPY TO THE STATE INFORMATION AGENCY OF EVERY       14,443       

OTHER STATE THAT HAS ADOPTED AN ACT SUBSTANTIALLY SIMILAR TO       14,444       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE;                                

      (2)  MAINTAIN A REGISTER OF TRIBUNALS AND SUPPORT            14,446       

ENFORCEMENT AGENCIES RECEIVED FROM OTHER STATES;                   14,447       

      (3)  FORWARD TO THE APPROPRIATE TRIBUNAL IN THIS STATE THAT  14,450       

HAS JURISDICTION OVER THE INDIVIDUAL OBLIGEE OR THE OBLIGOR OR     14,451       

THE OBLIGOR'S PROPERTY, ALL DOCUMENTS CONCERNING A PROCEEDING      14,452       

UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE RECEIVED     14,453       

FROM AN INITIATING TRIBUNAL OR THE STATE INFORMATION AGENCY OF     14,454       

THE INITIATING STATE;                                              14,455       

      (4)  OBTAIN INFORMATION CONCERNING THE LOCATION OF THE       14,457       

OBLIGOR AND THE OBLIGOR'S PROPERTY WITHIN THIS STATE NOT EXEMPT    14,458       

FROM EXECUTION, BY SUCH MEANS AS POSTAL VERIFICATION AND FEDERAL   14,459       

OR STATE PARENT LOCATOR SERVICES, EXAMINATION OF TELEPHONE         14,460       

DIRECTORIES, REQUESTS FOR THE OBLIGOR'S ADDRESS FROM EMPLOYERS,    14,461       

AND EXAMINATION OF GOVERNMENTAL RECORDS, INCLUDING, TO THE EXTENT  14,462       

NOT PROHIBITED BY OTHER LAW, THOSE RELATING TO REAL PROPERTY,      14,463       

VITAL STATISTICS, LAW ENFORCEMENT, TAXATION, MOTOR VEHICLES,       14,464       

DRIVERS' LICENSES, AND SOCIAL SECURITY BENEFITS.                   14,465       

      Sec. 3115.22.  (A)  A PLAINTIFF SEEKING ISSUANCE OR          14,467       

MODIFICATION OF A SUPPORT ORDER OR A DETERMINATION OF THE          14,469       

EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP       14,470       

UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE MUST VERIFY  14,471       

                                                          353    

                                                                 
THE COMPLAINT.  UNLESS OTHERWISE ORDERED UNDER SECTION 3115.23 OF  14,472       

THE REVISED CODE, THE COMPLAINT OR ACCOMPANYING DOCUMENTS MUST     14,473       

PROVIDE, SO FAR AS KNOWN, THE NAME, RESIDENTIAL ADDRESS, AND       14,474       

SOCIAL SECURITY NUMBERS OF THE OBLIGOR AND THE OBLIGEE, AND THE    14,475       

NAME, SEX, RESIDENTIAL ADDRESS, SOCIAL SECURITY NUMBER, AND DATE   14,476       

OF BIRTH OF EACH CHILD FOR WHOM SUPPORT IS SOUGHT.  THE COMPLAINT  14,478       

MUST BE ACCOMPANIED BY A CERTIFIED COPY OF ANY SUPPORT ORDER IN    14,479       

EFFECT.  THE COMPLAINT MAY INCLUDE ANY OTHER INFORMATION THAT MAY  14,480       

ASSIST IN LOCATING OR IDENTIFYING THE DEFENDANT.                   14,481       

      (B)  THE COMPLAINT MUST SPECIFY THE RELIEF SOUGHT.  THE      14,483       

COMPLAINT AND ACCOMPANYING DOCUMENTS MUST CONFORM SUBSTANTIALLY    14,484       

WITH THE REQUIREMENTS IMPOSED BY THE FORMS MANDATED BY FEDERAL     14,485       

LAW FOR USE IN CASES FILED BY A SUPPORT ENFORCEMENT AGENCY.        14,486       

      Sec. 3115.23.  A TRIBUNAL SHALL ORDER THAT THE ADDRESS OF A  14,489       

CHILD OR PARTY OR OTHER IDENTIFYING INFORMATION NOT BE DISCLOSED   14,490       

IN A PLEADING OR OTHER DOCUMENT FILED IN A PROCEEDING UNDER        14,491       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE IF A TRIBUNAL HAS               

MADE A FINDING, THAT MAY BE MADE EX PARTE, THAT THE HEALTH,        14,492       

SAFETY, OR LIBERTY OF A PARTY OR CHILD WOULD BE UNREASONABLY PUT   14,493       

AT RISK BY THE DISCLOSURE OF IDENTIFYING INFORMATION.              14,494       

      Sec. 3115.24.  (A)  THE PLAINTIFF UNDER AN ACTION FILED      14,496       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE MAY    14,497       

NOT BE REQUIRED TO PAY A FILING FEE OR OTHER COSTS.                14,499       

      (B)  IF AN OBLIGEE PREVAILS, A RESPONDING TRIBUNAL MAY       14,501       

ASSESS AGAINST AN OBLIGOR FILING FEES, REASONABLE ATTORNEY'S       14,502       

FEES, OTHER COSTS, AND NECESSARY TRAVEL AND OTHER REASONABLE       14,503       

EXPENSES INCURRED BY THE OBLIGEE AND THE OBLIGEE'S WITNESSES.      14,504       

THE TRIBUNAL MAY NOT ASSESS FEES, COSTS, OR EXPENSES AGAINST THE   14,505       

OBLIGEE OR THE SUPPORT ENFORCEMENT AGENCY OF EITHER THE            14,506       

INITIATING OR THE RESPONDING STATE, EXCEPT AS PROVIDED BY OTHER    14,507       

LAW.  ATTORNEY'S FEES MAY BE TAXED AS COSTS, AND MAY BE ORDERED    14,508       

PAID DIRECTLY TO THE ATTORNEY, WHO MAY ENFORCE THE ORDER IN THE    14,509       

ATTORNEY'S OWN NAME.  PAYMENT OF SUPPORT OWED TO THE OBLIGEE HAS   14,510       

PRIORITY OVER FEES, COSTS AND EXPENSES.                            14,511       

                                                          354    

                                                                 
      (C)  THE TRIBUNAL SHALL ORDER THE PAYMENT OF COSTS AND       14,513       

REASONABLE ATTORNEY'S FEES IF IT DETERMINES THAT A HEARING WAS     14,514       

REQUESTED PRIMARILY FOR DELAY.                                     14,515       

      Sec. 3115.25.  (A)  PARTICIPATION BY A PLAINTIFF IN A        14,517       

PROCEEDING BEFORE A RESPONDING TRIBUNAL PURSUANT TO SECTIONS       14,519       

3115.01 TO 3115.59 OF THE REVISED CODE, WHETHER IN PERSON, BY      14,520       

PRIVATE ATTORNEY, OR THROUGH SERVICES PROVIDED BY THE SUPPORT      14,521       

ENFORCEMENT AGENCY, DOES NOT CONFER PERSONAL JURISDICTION OVER     14,522       

THE PLAINTIFF IN ANOTHER PROCEEDING.                               14,523       

      (B)  A PLAINTIFF IS NOT AMENABLE TO SERVICE OF CIVIL         14,525       

PROCESS WHILE PHYSICALLY PRESENT IN THIS STATE TO PARTICIPATE IN   14,526       

A PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED      14,527       

CODE.                                                                           

      (C)  THE IMMUNITY GRANTED BY THIS SECTION DOES NOT EXTEND    14,529       

TO CIVIL LITIGATION BASED ON ACTS UNRELATED TO A PROCEEDING UNDER  14,530       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE COMMITTED BY A     14,531       

PARTY WHILE PRESENT IN THIS STATE TO PARTICIPATE IN THE            14,533       

PROCEEDING.                                                                     

      Sec. 3115.26.  A PARTY WHO HAS BEEN PREVIOUSLY DETERMINED    14,536       

PURSUANT TO LAW TO BE THE PARENT OF A CHILD MAY NOT PLEAD THAT     14,537       

THE PARTY IS NOT THE PARENT OF THE CHILD AS A DEFENSE TO A         14,538       

PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.               

      Sec. 3115.27.  EXCEPT AS PROVIDED IN SECTIONS 3115.04 AND    14,540       

3115.50 OF THE REVISED CODE, IN A PROCEEDING UNDER SECTIONS        14,541       

3115.01 TO 3115.59 OF THE REVISED CODE ALL THE FOLLOWING APPLY:                 

      (A)  THE PHYSICAL PRESENCE OF THE PLAINTIFF IN A RESPONDING  14,544       

TRIBUNAL OF THIS STATE IS NOT REQUIRED FOR THE ISSUANCE,           14,545       

ENFORCEMENT, OR MODIFICATION OF A SUPPORT ORDER OR THE             14,546       

DETERMINATION OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND                  

CHILD RELATIONSHIP.                                                14,547       

      (B)  A VERIFIED COMPLAINT, AFFIDAVIT, DOCUMENT               14,549       

SUBSTANTIALLY COMPLYING WITH FEDERALLY MANDATED FORMS, AND A       14,550       

DOCUMENT INCORPORATED BY REFERENCE IN ANY OF THEM, NOT EXCLUDED    14,551       

UNDER THE HEARSAY RULE IF GIVEN IN PERSON, IS ADMISSIBLE IN        14,552       

                                                          355    

                                                                 
EVIDENCE IF GIVEN UNDER OATH BY A PARTY OR WITNESS RESIDING IN     14,553       

ANOTHER STATE.                                                     14,554       

      (C)  A COPY OF THE RECORD OF CHILD-SUPPORT PAYMENTS          14,556       

CERTIFIED AS A TRUE COPY OF THE ORIGINAL BY THE CUSTODIAN OF THE   14,557       

RECORD MAY BE FORWARDED TO A RESPONDING TRIBUNAL.  THE COPY IS     14,558       

EVIDENCE OF FACTS ASSERTED IN IT, AND IS ADMISSIBLE TO SHOW        14,559       

WHETHER PAYMENTS WERE MADE.                                        14,560       

      (D)  COPIES OF BILLS FOR TESTING FOR PARENTAGE, AND FOR      14,562       

PRENATAL AND POSTNATAL HEALTH CARE OF THE MOTHER AND CHILD,        14,563       

FURNISHED TO THE ADVERSE PARTY AT LEAST TEN DAYS BEFORE TRIAL,     14,564       

ARE ADMISSIBLE IN EVIDENCE TO PROVE THE AMOUNT OF THE CHARGES      14,565       

BILLED AND THAT THE CHARGES WERE REASONABLE, NECESSARY, AND        14,566       

CUSTOMARY.                                                         14,567       

      (E)  DOCUMENTARY EVIDENCE TRANSMITTED FROM ANOTHER STATE TO  14,569       

A TRIBUNAL OF THIS STATE BY TELEPHONE, TELECOPIER, OR OTHER MEANS  14,570       

THAT DO NOT PROVIDE AN ORIGINAL WRITING MAY NOT BE EXCLUDED FROM   14,571       

EVIDENCE ON AN OBJECTION BASED ON THE MEANS OF TRANSMISSION.       14,572       

      (F)  A TRIBUNAL OF THIS STATE MAY PERMIT A PARTY OR WITNESS  14,575       

RESIDING IN ANOTHER STATE TO BE DEPOSED OR TO TESTIFY BY           14,576       

TELEPHONE, AUDIOVISUAL MEANS, OR OTHER ELECTRONIC MEANS AT A       14,577       

DESIGNATED TRIBUNAL OR OTHER LOCATION IN THAT STATE.  A TRIBUNAL   14,578       

OF THIS STATE SHALL COOPERATE WITH TRIBUNALS OF OTHER STATES IN    14,579       

DESIGNATING AN APPROPRIATE LOCATION FOR THE DEPOSITION OR          14,580       

TESTIMONY.                                                                      

      (G)  IF A PARTY CALLED TO TESTIFY AT A CIVIL HEARING         14,582       

REFUSES TO ANSWER A QUESTION, THE TRIER OF FACT MAY DRAW AN        14,583       

ADVERSE INFERENCE FROM THE PERSON'S SILENCE.                       14,584       

      (H)  A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS        14,586       

BETWEEN SPOUSES DOES NOT APPLY.                                    14,587       

      (I)  THE DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF    14,589       

HUSBAND AND WIFE OR PARENT AND CHILD DOES NOT APPLY.               14,590       

      Sec. 3115.28.  A TRIBUNAL OF THIS STATE MAY COMMUNICATE      14,592       

WITH A TRIBUNAL OF ANOTHER STATE IN WRITING, OR BY TELEPHONE OR    14,593       

OTHER MEANS, TO OBTAIN INFORMATION CONCERNING THE LAWS OF THAT     14,594       

                                                          356    

                                                                 
STATE, THE LEGAL EFFECT OF A JUDGMENT, DECREE, OR ORDER OF THAT    14,595       

TRIBUNAL, AND THE STATUS OF A PROCEEDING IN THE OTHER STATE.  A    14,596       

TRIBUNAL OF THIS STATE MAY FURNISH SIMILAR INFORMATION BY SIMILAR  14,597       

MEANS TO A TRIBUNAL OF ANOTHER STATE.                              14,598       

      Sec. 3115.29.  A TRIBUNAL OF THIS STATE MAY REQUEST A        14,601       

TRIBUNAL OF ANOTHER STATE TO ASSIST IN OBTAINING DISCOVERY AND     14,602       

MAY, ON THE REQUEST OF A TRIBUNAL OF ANOTHER STATE, COMPEL A       14,604       

PERSON OVER WHOM IT HAS JURISDICTION TO RESPOND TO A DISCOVERY     14,605       

ORDER ISSUED BY THE REQUESTING TRIBUNAL.                           14,606       

      Sec. 3115.30.  A SUPPORT ENFORCEMENT AGENCY OR TRIBUNAL OF   14,608       

THIS STATE SHALL DISBURSE PROMPTLY ANY AMOUNTS RECEIVED PURSUANT   14,609       

TO A SUPPORT ORDER, AS DIRECTED IN THE ORDER.  THE AGENCY OR       14,610       

TRIBUNAL SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL OF        14,611       

ANOTHER STATE A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE        14,612       

RECORD OF THE AMOUNTS AND DATES OF ALL PAYMENTS RECEIVED.          14,613       

      Sec. 3115.31.  (A)  IF A SUPPORT ORDER ENTITLED TO           14,615       

RECOGNITION UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE  14,617       

HAS NOT BEEN ISSUED, A RESPONDING TRIBUNAL OF THIS STATE MAY       14,619       

ISSUE A SUPPORT ORDER IF EITHER OF THE FOLLOWING APPLY:                         

      (1)  THE INDIVIDUAL SEEKING THE ORDER RESIDES IN ANOTHER     14,621       

STATE;                                                             14,622       

      (2)  THE SUPPORT ENFORCEMENT AGENCY SEEKING THE ORDER IS     14,624       

LOCATED IN ANOTHER STATE.                                          14,625       

      (B)  THE TRIBUNAL MAY ISSUE A TEMPORARY CHILD-SUPPORT ORDER  14,627       

IF ANY OF THE FOLLOWING APPLY:                                     14,628       

      (1)  THE DEFENDANT HAS SIGNED A VERIFIED STATEMENT           14,630       

ACKNOWLEDGING THAT THE DEFENDANT IS THE PARENT OF THE CHILD;       14,631       

      (2)  THE DEFENDANT HAS BEEN DETERMINED BY OR PURSUANT TO     14,633       

LAW TO BE THE PARENT;                                              14,634       

      (3)  THERE IS OTHER CLEAR AND CONVINCING EVIDENCE THAT THE   14,636       

DEFENDANT IS THE CHILD'S PARENT.                                   14,637       

      (C)(1)  IF THE RESPONDING TRIBUNAL FINDS, AFTER GIVING       14,639       

NOTICE AND AN OPPORTUNITY TO BE HEARD TO THE OBLIGOR, THAT THE     14,640       

OBLIGOR OWES A DUTY OF SUPPORT, IT SHALL ISSUE A SUPPORT ORDER     14,641       

                                                          357    

                                                                 
DIRECTED TO THE OBLIGOR AND MAY ISSUE ANY OTHER ORDER UNDER        14,643       

SECTION 3115.16 OF THE REVISED CODE.  SUPPORT ORDERS MADE                       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE SHALL  14,645       

REQUIRE THAT PAYMENTS BE MADE TO THE DIVISION OF CHILD SUPPORT IN  14,646       

THE DEPARTMENT OF HUMAN SERVICES.                                  14,647       

      (2)  THE RESPONDING TRIBUNAL SHALL TRANSMIT TO THE           14,649       

INITIATING TRIBUNAL A COPY OF ALL ORDERS OF SUPPORT OR FOR         14,650       

REIMBURSEMENT OF SUPPORT.                                          14,651       

      (3)  EACH ORDER FOR SUPPORT MADE OR MODIFIED UNDER SECTION   14,653       

3115.16 OF THE REVISED CODE, THIS SECTION, AND UNDER FORMER        14,654       

SECTION 3115.22 OF THE REVISED CODE ON OR AFTER DECEMBER 31,       14,656       

1993, SHALL INCLUDE AS PART OF THE ORDER A GENERAL PROVISION, AS   14,658       

DESCRIBED IN DIVISION (A)(1) OF SECTION 3113.21 OF THE REVISED     14,659       

CODE, REQUIRING THE WITHHOLDING OR DEDUCTION OF INCOME OR ASSETS   14,660       

OF THE OBLIGOR UNDER THE ORDER AS DESCRIBED IN DIVISION (D) OF     14,661       

SECTION 3113.21 OF THE REVISED CODE OR ANOTHER TYPE OF             14,662       

APPROPRIATE REQUIREMENT AS DESCRIBED IN DIVISION (D)(3), (D)(4),   14,663       

OR (H) OF THAT SECTION, TO ENSURE THAT WITHHOLDING OR DEDUCTION    14,665       

FROM THE INCOME OR ASSETS OF THE OBLIGOR IS AVAILABLE FROM THE     14,666       

COMMENCEMENT OF THE SUPPORT ORDER FOR COLLECTION OF THE SUPPORT    14,667       

AND OF ANY ARREARAGES THAT OCCUR; A STATEMENT REQUIRING ALL        14,668       

PARTIES TO THE ORDER TO NOTIFY THE SUPPORT ENFORCEMENT AGENCY IN   14,669       

WRITING OF THEIR CURRENT MAILING ADDRESS, CURRENT RESIDENCE        14,670       

ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S      14,671       

LICENSE NUMBER, AND ANY CHANGES TO THAT INFORMATION; AND A NOTICE  14,672       

THAT THE REQUIREMENT TO NOTIFY THE AGENCY OF ALL CHANGES TO THAT   14,674       

INFORMATION CONTINUES UNTIL FURTHER NOTICE FROM THE TRIBUNAL.      14,675       

ANY TRIBUNAL THAT MAKES OR MODIFIES AN ORDER FOR SUPPORT UNDER     14,677       

THIS SECTION OR FORMER SECTION 3115.22 OF THE REVISED CODE ON OR                

AFTER APRIL 12, 1990, SHALL COMPLY WITH SECTIONS 3113.21 TO        14,679       

3113.219 OF THE REVISED CODE.  IF ANY PERSON REQUIRED TO PAY       14,680       

CHILD SUPPORT UNDER AN ORDER MADE UNDER THIS SECTION OR FORMER     14,681       

SECTION 3115.22 OF THE REVISED CODE ON OR AFTER APRIL 15, 1985,    14,682       

OR ANY PERSON REQUIRED TO PAY SUPPORT UNDER AN ORDER MADE OR       14,683       

                                                          358    

                                                                 
MODIFIED UNDER THIS SECTION OR FORMER SECTION 3115.22 OF THE       14,684       

REVISED CODE ON OR AFTER DECEMBER 31, 1986, IS FOUND IN CONTEMPT   14,685       

OF COURT FOR FAILURE TO MAKE SUPPORT PAYMENTS UNDER THE ORDER,     14,686       

THE TRIBUNAL THAT MAKES THE FINDING, IN ADDITION TO ANY OTHER      14,687       

PENALTY OR REMEDY IMPOSED, SHALL ASSESS ALL COURT COSTS ARISING    14,688       

OUT OF THE CONTEMPT PROCEEDING AGAINST THE PERSON AND REQUIRE THE  14,689       

PERSON TO PAY ANY REASONABLE ATTORNEY'S FEES OF ANY ADVERSE        14,690       

PARTY, AS DETERMINED BY THE TRIBUNAL, THAT AROSE IN RELATION TO    14,691       

THE ACT OF CONTEMPT.                                               14,692       

      Sec. 3115.32.  AN INCOME-WITHHOLDING ORDER ISSUED IN         14,694       

ANOTHER STATE MAY BE SENT TO THE INDIVIDUAL OR ENTITY DEFINED AS   14,695       

THE OBLIGOR'S PAYOR UNDER SECTIONS 3111.20 AND 3113.21 OF THE      14,696       

REVISED CODE WITHOUT FIRST FILING A COMPLAINT OR COMPARABLE        14,697       

PLEADING OR REGISTERING THE ORDER WITH A TRIBUNAL OF THIS STATE.   14,698       

      Sec. 3115.33.  (A)  UPON RECEIPT OF AN INCOME-WITHHOLDING    14,700       

ORDER, THE OBLIGOR'S EMPLOYER SHALL IMMEDIATELY PROVIDE A COPY OF  14,702       

THE ORDER TO THE OBLIGOR.                                          14,703       

      (B)  THE EMPLOYER SHALL TREAT AN INCOME-WITHHOLDING ORDER    14,705       

ISSUED IN ANOTHER STATE WHICH APPEARS REGULAR ON ITS FACE AS IF    14,706       

IT HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE.                    14,707       

      (C)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS    14,709       

SECTION AND SECTION 3115.34 OF THE REVISED CODE, THE EMPLOYER      14,711       

SHALL WITHHOLD AND DISTRIBUTE THE FUNDS AS DIRECTED IN THE         14,712       

WITHHOLDING ORDER BY COMPLYING WITH TERMS OF THE ORDER THAT        14,713       

SPECIFY:                                                                        

      (1)  THE DURATION AND AMOUNT OF PERIODIC PAYMENTS OF         14,715       

SUPPORT, STATED AS A SUM CERTAIN;                                  14,716       

      (2)  THE PERSON OR AGENCY DESIGNATED TO RECEIVE PAYMENTS     14,718       

AND THE ADDRESS TO WHICH THE PAYMENTS ARE TO BE FORWARDED;         14,719       

      (3)  MEDICAL SUPPORT, WHETHER IN THE FORM OF PERIODIC CASH   14,721       

PAYMENT, STATED AS A SUM CERTAIN, OR ORDERING THE OBLIGOR TO       14,722       

PROVIDE HEALTH INSURANCE COVERAGE UNDER A POLICY AVAILABLE         14,724       

THROUGH THE OBLIGOR'S EMPLOYMENT;                                               

      (4)  THE AMOUNT OF PERIODIC PAYMENTS OF FEES AND COSTS FOR   14,726       

                                                          359    

                                                                 
A SUPPORT ENFORCEMENT AGENCY, THE ISSUING TRIBUNAL, AND THE        14,727       

OBLIGEE'S ATTORNEY, STATED AS A SUM CERTAIN;                       14,728       

      (5)  THE AMOUNT OF PERIODIC PAYMENTS OF ARREARAGES AND       14,730       

INTEREST ON ARREARAGES, STATED AS A SUM CERTAIN.                   14,731       

      (D)  AN EMPLOYER SHALL COMPLY WITH THE LAW OF THE STATE OF   14,733       

THE OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT FOR WITHHOLDING FROM   14,734       

INCOME WITH RESPECT TO ALL OF THE FOLLOWING:                       14,735       

      (1)  THE EMPLOYER'S FEE FOR PROCESSING AN                    14,737       

INCOME-WITHHOLDING ORDER;                                          14,738       

      (2)  THE MAXIMUM AMOUNT PERMITTED TO BE WITHHELD FROM THE    14,740       

OBLIGOR'S INCOME;                                                  14,741       

      (3)  THE TIMES WITHIN WHICH THE EMPLOYER MUST IMPLEMENT THE  14,743       

WITHHOLDING ORDER AND FORWARD THE SUPPORT PAYMENT.                 14,744       

      Sec. 3115.34.  IF AN OBLIGOR'S EMPLOYER RECEIVES MULTIPLE    14,746       

INCOME-WITHHOLDING ORDERS WITH RESPECT TO THE EARNINGS OF THE      14,748       

SAME OBLIGOR, THE EMPLOYER SATISFIES THE TERMS OF THE MULTIPLE     14,749       

ORDERS IF THE EMPLOYER COMPLIES WITH THE LAW OF THE STATE OF THE   14,750       

OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT TO ESTABLISH THE           14,751       

PRIORITIES FOR WITHHOLDING AND ALLOCATING INCOME WITHHELD FOR      14,752       

MULTIPLE SUPPORT OBLIGEES.                                         14,753       

      Sec. 3115.35.  AN EMPLOYER WHO COMPLIES WITH AN              14,755       

INCOME-WITHHOLDING ORDER ISSUED IN ANOTHER STATE IN ACCORDANCE     14,756       

WITH SECTIONS 3115.32 TO 3115.37 OF THE REVISED CODE IS NOT        14,757       

SUBJECT TO CIVIL LIABILITY TO AN INDIVIDUAL OR AGENCY WITH REGARD  14,758       

TO THE EMPLOYER'S WITHHOLDING OF SUPPORT FROM THE OBLIGOR'S        14,759       

INCOME PURSUANT TO THE SUPPORT ORDER.                                           

      Sec. 3115.36.  AN EMPLOYER WHO WILLFULLY FAILS TO COMPLY     14,761       

WITH AN INCOME-WITHHOLDING ORDER ISSUED BY ANOTHER STATE AND       14,762       

RECEIVED FOR ENFORCEMENT IS SUBJECT TO THE SAME PENALTIES THAT     14,763       

MAY BE IMPOSED FOR NONCOMPLIANCE WITH AN ORDER ISSUED BY A         14,764       

TRIBUNAL OF THIS STATE.                                            14,765       

      Sec. 3115.37.  (A)  IF A PERSON DESIGNATED AS AN OBLIGOR     14,767       

UNDER AN INCOME-WITHHOLDING ORDER ISSUED IN ANOTHER STATE AND      14,768       

RECEIVED DIRECTLY BY AN EMPLOYER IN THIS STATE BELIEVES THAT THE   14,769       

                                                          360    

                                                                 
PERSON IS NOT SUBJECT TO A SUPPORT ORDER OR DOES NOT HAVE A DUTY   14,770       

OF SUPPORT UNDER ANY ORDER ISSUED BY ANY TRIBUNAL PURSUANT TO      14,771       

WHICH THE INCOME-WITHHOLDING ORDER WAS ISSUED, THE PERSON MAY      14,772       

CONTEST THE VALIDITY OR ENFORCEMENT OF THE INCOME-WITHHOLDING      14,773       

ORDER BY FILING AN ACTION FOR DECLARATORY JUDGMENT PURSUANT TO     14,774       

CHAPTER 2721. OF THE REVISED CODE IN THE COURT OF COMMON PLEAS IN  14,775       

THE COUNTY IN WHICH IS LOCATED THE EMPLOYER'S PRINCIPAL PLACE OF   14,776       

BUSINESS REQUESTING THAT THE COURT DETERMINE WHETHER THE PERSON                 

IS THE OBLIGOR SUBJECT TO A SUPPORT ORDER OR HAS A DUTY OF         14,777       

SUPPORT UNDER A SUPPORT ORDER PURSUANT TO WHICH THE                14,778       

INCOME-WITHHOLDING ORDER WAS ISSUED.                                            

      (B)  THE OBLIGOR SHALL GIVE NOTICE OF THE ACTION INITIATED   14,780       

PURSUANT TO CHAPTER 2721. OF THE REVISED CODE TO ALL OF THE        14,781       

FOLLOWING:                                                                      

      (1)  A SUPPORT ENFORCEMENT AGENCY PROVIDING SERVICES TO THE  14,783       

OBLIGEE;                                                           14,784       

      (2)  EACH EMPLOYER THAT HAS DIRECTLY RECEIVED AN             14,786       

INCOME-WITHHOLDING ORDER;                                          14,787       

      (3)  THE PERSON OR AGENCY DESIGNATED TO RECEIVE PAYMENTS IN  14,789       

THE INCOME-WITHHOLDING ORDER OR, IF NO PERSON OR AGENCY IS         14,790       

DESIGNATED, THE OBLIGEE.                                           14,791       

      (C)  NOTWITHSTANDING SECTIONS 3115.32 TO 3115.36 OF THE      14,793       

REVISED CODE, IF THE COURT ISSUES AN ORDER DETERMINING THAT THE    14,794       

PERSON IS NOT AN OBLIGOR SUBJECT TO A SUPPORT ORDER OR DOES NOT    14,795       

HAVE A DUTY OF SUPPORT UNDER A SUPPORT ORDER PURSUANT TO WHICH     14,796       

THE INCOME-WITHHOLDING ORDER WAS ISSUED, THE EMPLOYER SHALL NOT    14,797       

ENFORCE THE INCOME-WITHHOLDING ORDER AGAINST THE PERSON.                        

      Sec. 3115.38.  A PARTY SEEKING TO ENFORCE A SUPPORT ORDER    14,799       

OR AN INCOME-WITHHOLDING ORDER, OR BOTH, ISSUED BY A TRIBUNAL OF   14,800       

ANOTHER STATE MAY SEND THE DOCUMENTS REQUIRED FOR REGISTERING THE  14,802       

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  14,804       

DOCUMENTS, THE SUPPORT ENFORCEMENT AGENCY, WITHOUT INITIALLY       14,805       

SEEKING TO REGISTER THE ORDER, SHALL CONSIDER AND, IF              14,806       

                                                          361    

                                                                 
APPROPRIATE, USE ANY ADMINISTRATIVE PROCEDURE AUTHORIZED BY THE    14,807       

LAW OF THIS STATE TO ENFORCE A SUPPORT ORDER OR AN                 14,808       

INCOME-WITHHOLDING ORDER, OR BOTH.  IF THE OBLIGOR DOES NOT        14,809       

CONTEST ADMINISTRATIVE ENFORCEMENT, THE ORDER NEED NOT BE                       

REGISTERED.  IF THE OBLIGOR CONTESTS THE VALIDITY OR               14,810       

ADMINISTRATIVE ENFORCEMENT OF THE ORDER, THE SUPPORT ENFORCEMENT   14,811       

AGENCY SHALL REGISTER THE ORDER PURSUANT TO SECTIONS 3115.39 TO    14,812       

3115.51 OF THE REVISED CODE.                                                    

      Sec. 3115.39.  (A)  A SUPPORT ORDER OR INCOME-WITHHOLDING    14,814       

ORDER OF ANOTHER STATE MAY BE REGISTERED IN THIS STATE BY SENDING  14,816       

ALL OF THE FOLLOWING DOCUMENTS AND INFORMATION TO THE APPROPRIATE  14,817       

TRIBUNAL IN THIS STATE:                                            14,818       

      (1)  A LETTER OF TRANSMITTAL TO THE TRIBUNAL REQUESTING      14,820       

REGISTRATION AND ENFORCEMENT;                                      14,821       

      (2)  TWO COPIES, INCLUDING ONE CERTIFIED COPY, OF ALL        14,823       

ORDERS TO BE REGISTERED, INCLUDING ANY MODIFICATION OF AN ORDER;   14,824       

      (3)  A SWORN STATEMENT BY THE PARTY SEEKING REGISTRATION OR  14,826       

A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE RECORDS SHOWING THE  14,827       

AMOUNT OF ANY ARREARAGE;                                           14,828       

      (4)  THE NAME OF THE OBLIGOR AND ALL OF THE FOLLOWING, IF    14,830       

KNOWN:                                                                          

      (a)  THE OBLIGOR'S ADDRESS AND SOCIAL SECURITY NUMBER;       14,832       

      (b)  THE NAME AND ADDRESS OF THE OBLIGOR'S EMPLOYER AND ANY  14,834       

OTHER SOURCE OF INCOME OF THE OBLIGOR;                             14,835       

      (c)  A DESCRIPTION AND THE LOCATION OF PROPERTY OF THE       14,837       

OBLIGOR IN THIS STATE NOT EXEMPT FROM EXECUTION;                   14,838       

      (5)  THE NAME AND ADDRESS OF THE OBLIGEE AND, IF             14,840       

APPLICABLE, THE AGENCY OR PERSON TO WHOM SUPPORT PAYMENTS ARE TO   14,841       

BE REMITTED.                                                       14,842       

      (B)  ON RECEIPT OF A REQUEST FOR REGISTRATION, THE           14,844       

REGISTERING TRIBUNAL SHALL CAUSE THE ORDER TO BE FILED, TOGETHER   14,846       

WITH ONE COPY OF THE DOCUMENTS AND INFORMATION, REGARDLESS OF      14,847       

THEIR FORM.                                                                     

      (C)  A COMPLAINT OR COMPARABLE PLEADING SEEKING A REMEDY     14,849       

                                                          362    

                                                                 
THAT MUST BE AFFIRMATIVELY SOUGHT UNDER OTHER LAW OF THIS STATE    14,850       

MAY BE FILED AT THE SAME TIME AS THE REQUEST FOR REGISTRATION OR   14,851       

AT A LATER TIME.  THE PLEADING MUST SPECIFY THE GROUNDS FOR THE    14,852       

REMEDY SOUGHT.                                                     14,853       

      Sec. 3115.40.  A SUPPORT ORDER OR INCOME-WITHHOLDING ORDER   14,855       

ISSUED IN ANOTHER STATE IS REGISTERED WHEN THE ORDER IS FILED IN   14,856       

THE REGISTERING TRIBUNAL OF THIS STATE PURSUANT TO SECTION         14,857       

3115.39 OF THE REVISED CODE.  A REGISTERED ORDER ISSUED IN         14,858       

ANOTHER STATE THAT IS CONFIRMED PURSUANT TO SECTION 3115.43 OR     14,859       

3115.44 OF THE REVISED CODE IS ENFORCEABLE IN THE SAME MANNER AND  14,860       

IS SUBJECT TO THE SAME PROCEDURES AS AN ORDER ISSUED BY A          14,861       

TRIBUNAL OF THIS STATE.  EXCEPT AS PROVIDED IN SECTIONS 3115.39    14,862       

TO 3115.51 OF THE REVISED CODE, A TRIBUNAL OF THIS STATE SHALL     14,863       

RECOGNIZE AND ENFORCE, BUT MAY NOT MODIFY, A REGISTERED ORDER      14,864       

THAT HAS BEEN CONFIRMED IF THE ISSUING TRIBUNAL HAD JURISDICTION.  14,865       

      Sec. 3115.41.  THE LAW OF THE ISSUING STATE GOVERNS THE      14,867       

NATURE, EXTENT, AMOUNT, AND DURATION OF CURRENT PAYMENTS AND       14,868       

OTHER OBLIGATIONS OF SUPPORT AND THE PAYMENT OF ARREARAGES UNDER   14,869       

THE ORDER.  IN A PROCEEDING FOR ARREARAGES, THE STATUTE OF         14,870       

LIMITATION UNDER THE LAWS OF THIS STATE OR OF THE ISSUING STATE,   14,871       

WHICHEVER IS LONGER, APPLIES.                                      14,872       

      Sec. 3115.42.  (A)  WHEN A SUPPORT ORDER OR                  14,874       

INCOME-WITHHOLDING ORDER ISSUED IN ANOTHER STATE IS REGISTERED,    14,876       

IMMEDIATELY ON REGISTRATION THE REGISTERING TRIBUNAL SHALL SEND    14,878       

NOTICE TO THE NONREGISTERING PARTY OF THE REGISTRATION.  THE                    

NOTICE MUST BE ACCOMPANIED BY A COPY OF THE REGISTERED ORDER AND   14,880       

THE DOCUMENTS AND RELEVANT INFORMATION DESCRIBED IN DIVISION (A)   14,881       

OF SECTION 3115.39 OF THE REVISED CODE.                                         

      (B)  THE NOTICE MUST INFORM THE NONREGISTERING PARTY OF ALL  14,883       

OF THE FOLLOWING:                                                  14,884       

      (1)  THAT A REGISTERED ORDER THAT IS CONFIRMED PURSUANT TO   14,886       

SECTION 3115.43 OR 3115.44 OF THE REVISED CODE IS ENFORCEABLE AS   14,887       

OF THE DATE OF REGISTRATION IN THE SAME MANNER AS AN ORDER ISSUED  14,888       

BY A TRIBUNAL OF THIS STATE;                                       14,889       

                                                          363    

                                                                 
      (2)  THAT A HEARING TO CONTEST THE VALIDITY OR ENFORCEMENT   14,891       

OF THE REGISTERED ORDER MUST BE REQUESTED PURSUANT TO SECTION      14,892       

3115.43 OF THE REVISED CODE NO LATER THAN TWENTY DAYS AFTER THE    14,894       

DATE OF MAILING OR PERSONAL SERVICE OF THE NOTICE;                              

      (3)  THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF  14,896       

THE REGISTERED ORDER IN A TIMELY MANNER WILL RESULT IN             14,897       

CONFIRMATION OF THE ORDER AND ENFORCEMENT OF THE ORDER AND THE     14,898       

ALLEGED ARREARAGES AND PRECLUDES FURTHER CONTEST OF THAT ORDER     14,899       

WITH RESPECT TO ANY MATTER THAT COULD HAVE BEEN ASSERTED;          14,900       

      (4)  THE AMOUNT OF ANY ALLEGED ARREARAGES UNDER THE SUPPORT  14,902       

ORDER.                                                                          

      (C)  ON REGISTRATION OF AN INCOME-WITHHOLDING ORDER FOR      14,904       

ENFORCEMENT, THE REGISTERING TRIBUNAL SHALL ISSUE A WITHHOLDING    14,905       

NOTICE TO THE OBLIGOR'S EMPLOYER PURSUANT TO SECTIONS 3113.21 TO   14,907       

3113.219 OF THE REVISED CODE.                                                   

      Sec. 3115.43.  (A)  A NONREGISTERING PARTY SEEKING TO        14,909       

CONTEST THE VALIDITY OR ENFORCEMENT OF A REGISTERED ORDER IN THIS  14,911       

STATE SHALL REQUEST A HEARING NO LATER THAN TWENTY DAYS AFTER THE  14,912       

DATE OF MAILING OR PERSONAL SERVICE OF THE NOTICE OF THE           14,913       

REGISTRATION BY FILING A MOTION WITH THE REGISTERING TRIBUNAL.     14,914       

THE NONREGISTERING PARTY MAY SEEK TO VACATE THE REGISTRATION, TO   14,915       

ASSERT ANY DEFENSE TO AN ALLEGATION OF NONCOMPLIANCE WITH THE      14,916       

REGISTERED ORDER, OR TO CONTEST THE REMEDIES BEING SOUGHT OR THE   14,917       

AMOUNT OF ANY ALLEGED ARREARAGES PURSUANT TO SECTION 3115.44 OF    14,918       

THE REVISED CODE.                                                               

      (B)  IF THE NONREGISTERING PARTY FAILS TO MAKE THE REQUEST   14,920       

PURSUANT TO DIVISION (A) OF THIS SECTION IN A TIMELY MANNER, THE   14,922       

ORDER IS CONFIRMED BY OPERATION OF LAW.                                         

      (C)  IF A NONREGISTERING PARTY MAKES A REQUEST PURSUANT TO   14,924       

DIVISION (A) OF THIS SECTION IN A TIMELY MANNER, THE REGISTERING   14,927       

TRIBUNAL SHALL SCHEDULE THE MATTER FOR HEARING AND GIVE NOTICE TO  14,928       

THE PARTIES OF THE DATE, TIME, AND PLACE OF THE HEARING.  AT THE   14,929       

HEARING, THE REGISTERING TRIBUNAL SHALL DETERMINE WHETHER THE                   

REGISTERED ORDER IS TO BE CONFIRMED.                               14,930       

                                                          364    

                                                                 
      Sec. 3115.44.  (A)  A PARTY CONTESTING THE VALIDITY OR       14,932       

ENFORCEMENT OF A REGISTERED ORDER OR SEEKING TO VACATE THE         14,934       

REGISTRATION HAS THE BURDEN OF PROVING ONE OR MORE OF THE          14,935       

FOLLOWING DEFENSES:                                                             

      (1)  THE ISSUING TRIBUNAL LACKED PERSONAL JURISDICTION OVER  14,937       

THE CONTESTING PARTY;                                              14,938       

      (2)  THE ORDER WAS OBTAINED BY FRAUD;                        14,940       

      (3)  THE ORDER HAS BEEN VACATED, SUSPENDED, OR MODIFIED BY   14,942       

A LATER ORDER;                                                     14,943       

      (4)  THE ISSUING TRIBUNAL HAS STAYED THE ORDER PENDING       14,945       

APPEAL;                                                            14,946       

      (5)  THERE IS A DEFENSE UNDER THE LAW OF THIS STATE TO THE   14,948       

REMEDY SOUGHT;                                                     14,949       

      (6)  FULL OR PARTIAL PAYMENT HAS BEEN MADE;                  14,951       

      (7)  THE APPLICABLE STATUTE OF LIMITATION UNDER SECTION      14,953       

3115.41 OF THE REVISED CODE PRECLUDES ENFORCEMENT OF SOME OR ALL   14,954       

OF THE ARREARAGES.                                                              

      (B)  IF A PARTY PRESENTS EVIDENCE ESTABLISHING A FULL OR     14,956       

PARTIAL DEFENSE UNDER DIVISION (A) OF THIS SECTION, A TRIBUNAL     14,957       

MAY STAY ENFORCEMENT OF THE REGISTERED ORDER, CONTINUE THE         14,959       

PROCEEDING TO PERMIT PRODUCTION OF ADDITIONAL RELEVANT EVIDENCE,   14,960       

AND ISSUE OTHER APPROPRIATE ORDERS.  AN UNCONTESTED PORTION OF     14,961       

THE REGISTERED ORDER MAY BE ENFORCED BY ALL REMEDIES AVAILABLE     14,962       

UNDER THE LAW OF THIS STATE.                                       14,963       

      (C)  IF THE CONTESTING PARTY DOES NOT ESTABLISH A DEFENSE    14,965       

UNDER DIVISION (A) OF THIS SECTION TO THE VALIDITY OR ENFORCEMENT  14,966       

OF THE ORDER, THE REGISTERING TRIBUNAL SHALL ISSUE AN ORDER        14,968       

CONFIRMING THE ORDER.                                              14,969       

      Sec. 3115.45.  CONFIRMATION OF A REGISTERED ORDER, WHETHER   14,971       

BY OPERATION OF LAW UNDER SECTION 3115.43 OF THE REVISED CODE OR   14,972       

AFTER NOTICE AND HEARING PURSUANT TO SECTION 3115.44 OF THE        14,973       

REVISED CODE, PRECLUDES FURTHER CONTEST OF THE ORDER WITH RESPECT  14,974       

TO ANY MATTER THAT COULD HAVE BEEN ASSERTED AT THE TIME OF         14,975       

REGISTRATION.                                                                   

                                                          365    

                                                                 
      Sec. 3115.46.  A PARTY OR SUPPORT ENFORCEMENT AGENCY         14,977       

SEEKING TO MODIFY, OR TO MODIFY AND ENFORCE, A CHILD-SUPPORT       14,978       

ORDER ISSUED IN ANOTHER STATE SHALL REGISTER THAT ORDER IN THIS    14,979       

STATE PURSUANT TO SECTION 3115.39 OF THE REVISED CODE.  A MOTION   14,980       

FOR MODIFICATION MAY BE FILED AT THE SAME TIME AS A REQUEST FOR    14,982       

REGISTRATION, OR AT A LATER TIME.  THE MOTION MUST SPECIFY THE     14,983       

GROUNDS FOR MODIFICATION.                                                       

      Sec. 3115.47.  A TRIBUNAL OF THIS STATE MAY ENFORCE A        14,985       

CHILD-SUPPORT ORDER OF ANOTHER STATE REGISTERED FOR PURPOSES OF    14,987       

MODIFICATION, IN THE SAME MANNER AS IF THE ORDER HAD BEEN ISSUED   14,988       

BY A TRIBUNAL OF THIS STATE, BUT THE REGISTERED ORDER MAY BE       14,989       

MODIFIED ONLY IF THE REQUIREMENTS OF SECTION 3115.48 OF THE        14,991       

REVISED CODE HAVE BEEN MET.                                                     

      Sec. 3115.48.  (A)  AFTER A CHILD-SUPPORT ORDER ISSUED IN    14,993       

ANOTHER STATE HAS BEEN REGISTERED IN THIS STATE, THE RESPONDING    14,995       

TRIBUNAL OF THIS STATE MAY MODIFY THAT ORDER ONLY IF SECTION       14,996       

3115.50 OF THE REVISED CODE DOES NOT APPLY AND AFTER NOTICE AND    14,997       

HEARING IT FINDS EITHER OF THE FOLLOWING APPLICABLE:                            

      (1)  THE CHILD, THE INDIVIDUAL OBLIGEE, AND THE OBLIGOR      14,999       

SUBJECT TO THE SUPPORT ORDER DO NOT RESIDE IN THE ISSUING STATE,   15,001       

A PETITIONER WHO IS A NONRESIDENT OF THIS STATE SEEKS              15,002       

MODIFICATION, AND THE RESPONDENT IS SUBJECT TO THE PERSONAL        15,004       

JURISDICTION OF THE TRIBUNAL OF THIS STATE.                        15,005       

      (2)  THE CHILD, OR A PARTY WHO IS AN INDIVIDUAL, IS SUBJECT  15,007       

TO THE PERSONAL JURISDICTION OF THE TRIBUNAL OF THIS STATE AND     15,008       

ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED WRITTEN          15,009       

CONSENTS IN THE ISSUING TRIBUNAL FOR A TRIBUNAL OF THIS STATE TO   15,010       

MODIFY THE SUPPORT ORDER AND ASSUME CONTINUING, EXCLUSIVE          15,011       

JURISDICTION OVER THE ORDER.  HOWEVER, IF THE ISSUING STATE IS A   15,012       

FOREIGN JURISDICTION THAT HAS NOT ENACTED A LAW OR ESTABLISHED     15,013       

PROCEDURES SUBSTANTIALLY SIMILAR TO THE PROCEDURES UNDER SECTIONS  15,015       

3115.01 TO 3115.59 OF THE REVISED CODE, THE CONSENT OTHERWISE                   

REQUIRED OF AN INDIVIDUAL RESIDING IN THIS STATE IS NOT REQUIRED   15,017       

FOR THE TRIBUNAL TO ASSUME JURISDICTION TO MODIFY THE              15,018       

                                                          366    

                                                                 
CHILD-SUPPORT ORDER.                                                            

      (B)  MODIFICATION OF A REGISTERED CHILD-SUPPORT ORDER IS     15,021       

SUBJECT TO THE SAME REQUIREMENTS, PROCEDURES, AND DEFENSES THAT    15,022       

APPLY TO THE MODIFICATION OF AN ORDER ISSUED BY A TRIBUNAL OF      15,023       

THIS STATE AND THE ORDER MAY BE ENFORCED AND SATISFIED IN THE      15,024       

SAME MANNER.                                                                    

      (C)  A TRIBUNAL OF THIS STATE MAY NOT MODIFY ANY ASPECT OF   15,026       

A CHILD-SUPPORT ORDER THAT MAY NOT BE MODIFIED UNDER THE LAW OF    15,027       

THE ISSUING STATE.  IF TWO OR MORE TRIBUNALS HAVE ISSUED           15,028       

CHILD-SUPPORT ORDERS FOR THE SAME OBLIGOR AND CHILD, THE ORDER     15,029       

THAT MUST BE RECOGNIZED AS CONTROLLING UNDER SECTION 3115.09 OF    15,031       

THE REVISED CODE ESTABLISHES THE ASPECTS OF THE CHILD-SUPPORT                   

ORDER THAT ARE NONMODIFIABLE.                                      15,032       

      (D)  ON ISSUANCE OF AN ORDER MODIFYING A CHILD-SUPPORT       15,034       

ORDER ISSUED IN ANOTHER STATE, A TRIBUNAL OF THIS STATE BECOMES    15,035       

THE TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION.            15,036       

      Sec. 3115.49.  A TRIBUNAL OF THIS STATE SHALL RECOGNIZE A    15,038       

MODIFICATION OF ITS EARLIER CHILD-SUPPORT ORDER BY A TRIBUNAL OF   15,039       

ANOTHER STATE THAT ASSUMED JURISDICTION PURSUANT TO A LAW ADOPTED  15,040       

BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO SECTIONS       15,041       

3115.01 TO 3115.59 OF THE REVISED CODE AND, UPON REQUEST, EXCEPT   15,042       

AS OTHERWISE PROVIDED IN SECTIONS 3115.01 TO 3115.59 OF THE        15,043       

REVISED CODE, SHALL DO ALL OF THE FOLLOWING:                       15,044       

      (A)  ENFORCE COLLECTION OF SUPPORT AMOUNTS ACCRUING BEFORE   15,047       

THE MODIFICATION OF THE ORDER;                                                  

      (B)  ENFORCE ONLY NONMODIFIABLE ASPECTS OF THAT ORDER;       15,049       

      (C)  PROVIDE OTHER APPROPRIATE RELIEF ONLY FOR VIOLATIONS    15,051       

OF THAT ORDER THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THE       15,052       

MODIFICATION;                                                      15,053       

      (D)  RECOGNIZE THE MODIFYING ORDER OF THE OTHER STATE, UPON  15,055       

REGISTRATION, FOR THE PURPOSE OF ENFORCEMENT.                      15,056       

      Sec. 3115.50.  IF ALL OF THE PARTIES WHO ARE INDIVIDUALS     15,058       

RESIDE IN THIS STATE AND THE CHILD DOES NOT RESIDE IN THE ISSUING  15,060       

STATE, A TRIBUNAL OF THIS STATE HAS JURISDICTION TO ENFORCE AND    15,061       

                                                          367    

                                                                 
TO MODIFY THE ISSUING STATE'S CHILD-SUPPORT ORDER IN A PROCEEDING  15,062       

TO REGISTER THAT ORDER.  SECTIONS 3115.01 TO 3115.11 AND 3115.39   15,064       

TO 3115.51 OF THE REVISED CODE AND THE PROCEDURAL AND SUBSTANTIVE  15,065       

LAWS OF THIS STATE ARE APPLICABLE, AND SECTIONS 3115.12 TO                      

3115.38, 3115.52 TO 3115.54, 3115.58, AND 3115.59 OF THE REVISED   15,067       

CODE ARE NOT APPLICABLE, TO A PROCEEDING CONDUCTED BY A TRIBUNAL   15,069       

OF THIS STATE EXERCISING JURISDICTION UNDER THIS SECTION.          15,070       

      Sec. 3115.51.  NO LATER THAN THIRTY DAYS AFTER ISSUANCE OF   15,073       

A MODIFIED CHILD-SUPPORT ORDER, THE PARTY OBTAINING THE            15,074       

MODIFICATION SHALL FILE A CERTIFIED COPY OF THE ORDER WITH THE     15,075       

ISSUING TRIBUNAL THAT HAD CONTINUING, EXCLUSIVE JURISDICTION OVER  15,076       

THE EARLIER ORDER, AND IN EACH TRIBUNAL IN WHICH THE PARTY KNOWS   15,077       

THE EARLIER ORDER HAS BEEN REGISTERED.  A PARTY WHO OBTAINS THE    15,078       

ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT TO             15,079       

APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF FAILURE  15,080       

TO FILE ARISES.  THE FAILURE TO FILE DOES NOT AFFECT THE VALIDITY  15,081       

OR ENFORCEABILITY OF THE MODIFIED ORDER OF THE NEW TRIBUNAL        15,082       

HAVING CONTINUING, EXCLUSIVE JURISDICTION.                         15,083       

      Sec. 3115.52.  (A)  A TRIBUNAL OF THIS STATE MAY SERVE AS    15,085       

AN INITIATING OR RESPONDING TRIBUNAL IN A PROCEEDING BROUGHT       15,087       

UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE OR A LAW OR  15,089       

PROCEDURE SUBSTANTIALLY SIMILAR TO THOSE SECTIONS, THE UNIFORM     15,090       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM      15,091       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT TO DETERMINE THE EXISTENCE   15,092       

OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP WITH RESPECT    15,093       

TO THE PARTIES.                                                                 

      (B)  IN A PROCEEDING PURSUANT TO DIVISION (A) OF THIS        15,095       

SECTION, A RESPONDING TRIBUNAL OF THIS STATE SHALL COMPLY WITH     15,097       

SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE AND THE RULES OF   15,098       

THIS STATE ON CHOICE OF LAW.                                       15,099       

      Sec. 3115.53.  (A)  FOR PURPOSES OF THIS ARTICLE,            15,101       

"GOVERNOR" INCLUDES AN INDIVIDUAL PERFORMING THE FUNCTIONS OF THE  15,103       

EXECUTIVE AUTHORITY OF A STATE.                                    15,104       

      (B)  THE GOVERNOR OF THIS STATE MAY DO EITHER OF THE         15,106       

                                                          368    

                                                                 
FOLLOWING:                                                                      

      (1)  DEMAND THAT THE GOVERNOR OF ANOTHER STATE SURRENDER AN  15,108       

INDIVIDUAL FOUND IN THE OTHER STATE WHO IS CHARGED CRIMINALLY IN   15,109       

THIS STATE WITH HAVING FAILED TO PAY SUPPORT UNDER A SUPPORT       15,110       

ORDER;                                                                          

      (2)  ON THE DEMAND BY THE GOVERNOR OF ANOTHER STATE,         15,112       

SURRENDER AN INDIVIDUAL FOUND IN THIS STATE WHO IS CHARGED         15,113       

CRIMINALLY IN THE OTHER STATE WITH HAVING FAILED TO PAY SUPPORT    15,115       

UNDER A SUPPORT ORDER.                                                          

      (C)  NOTWITHSTANDING SECTION 2963.03 OF THE REVISED CODE,    15,117       

SECTIONS 2963.01 TO 2963.29 AND 107.04 OF THE REVISED CODE APPLY   15,118       

TO THE DEMAND EVEN IF THE INDIVIDUAL WHOSE SURRENDER IS DEMANDED   15,119       

WAS NOT IN THE DEMANDING STATE WHEN THE CRIME WAS ALLEGEDLY        15,120       

COMMITTED AND HAS NOT FLED THEREFROM.                              15,121       

      Sec. 3115.54.  (A)  BEFORE MAKING A DEMAND THAT THE          15,123       

GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL PURSUANT TO      15,126       

DIVISION (B)(1) OF SECTION 3115.53 OF THE REVISED CODE, THE        15,127       

GOVERNOR OF THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE TO                

DEMONSTRATE THAT AT LEAST SIXTY DAYS PREVIOUSLY THE OBLIGEE HAD    15,128       

INITIATED PROCEEDINGS FOR SUPPORT PURSUANT TO SECTIONS 3115.01 TO  15,129       

3115.59 OF THE REVISED CODE OR THAT SUCH PROCEEDINGS WOULD NOT BE  15,130       

EFFECTIVE IN ENFORCING THE SUPPORT ORDER.                          15,131       

      (B)  IF, UNDER A LAW ADOPTED BY ANOTHER STATE THAT IS        15,133       

SUBSTANTIALLY SIMILAR TO SECTIONS 3115.01 TO 3115.59 OF THE        15,135       

REVISED CODE, THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT,   15,136       

OR THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, THE  15,138       

GOVERNOR OF THE OTHER STATE MAKES A DEMAND PURSUANT TO DIVISION    15,139       

(B)(2) OF SECTION 3115.53 OF THE REVISED CODE, THE GOVERNOR OF     15,141       

THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE TO INVESTIGATE                

THE DEMAND AND REPORT WHETHER A PROCEEDING FOR SUPPORT HAS BEEN    15,143       

INITIATED OR WOULD BE EFFECTIVE IN ENFORCING THE SUPPORT ORDER.    15,144       

IF IT APPEARS THAT A PROCEEDING WOULD BE EFFECTIVE BUT HAS NOT     15,146       

BEEN INITIATED, THE GOVERNOR OF THIS STATE MAY DELAY HONORING THE  15,147       

DEMAND FOR A REASONABLE TIME TO PERMIT THE INITIATION OF A         15,148       

                                                          369    

                                                                 
PROCEEDING.                                                                     

      (C)  IF A PROCEEDING FOR SUPPORT HAS BEEN INITIATED AND THE  15,150       

INDIVIDUAL WHOSE SURRENDER IS DEMANDED PREVAILS, THE GOVERNOR OF   15,152       

THIS STATE MAY DECLINE TO HONOR THE DEMAND.  IF THE PETITIONER                  

PREVAILS AND THE INDIVIDUAL WHOSE SURRENDER IS DEMANDED IS         15,153       

SUBJECT TO A SUPPORT ORDER, THE GOVERNOR OF THIS STATE MAY         15,154       

DECLINE TO HONOR THE DEMAND IF THE INDIVIDUAL IS COMPLYING WITH    15,155       

THE SUPPORT ORDER.                                                              

      Sec. 3115.55.  (A)  ANY ACTION OR PROCEEDING BROUGHT         15,157       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE IS A   15,159       

CIVIL ACTION AND SHALL BE GOVERNED BY THE RULES OF CIVIL           15,161       

PROCEDURE UNLESS A DIFFERENT PROCEDURE IS SPECIFICALLY PROVIDED                 

BY THOSE SECTIONS.                                                 15,162       

      (B)  AN ACTION UNDER SECTION 3115.31 OF THE REVISED CODE TO  15,165       

ESTABLISH A SUPPORT ORDER, SECTION 3115.37 OF THE REVISED CODE TO  15,166       

CONTEST DIRECT WITHHOLDING OF SUPPORT, SECTIONS 3115.43 AND        15,167       

3115.44 OF THE REVISED CODE TO REGISTER A SUPPORT ORDER, SECTION   15,168       

3115.46 OF THE REVISED CODE TO REGISTER AN ORDER FOR               15,169       

MODIFICATION, OR SECTION 3115.52 OF THE REVISED CODE TO DETERMINE  15,171       

PARENTAGE IS AN ORIGINAL ACTION AND SHALL BE GOVERNED BY THE       15,172       

RULES OF CIVIL PROCEDURE.  ON FILING THE COMPLAINT WITH THE        15,173       

RESPONDING TRIBUNAL, THE CLERK OF COURT SHALL COMPLY WITH THE      15,174       

SERVICE OF PROCESS REQUIREMENTS OF THE RULES OF CIVIL PROCEDURE.   15,175       

      (C)  IN ANY PROCEEDING IN WHICH THE PLAINTIFF SEEKS TO       15,178       

INVOKE THE CONTINUING JURISDICTION OF A RESPONDING TRIBUNAL OF     15,179       

THIS STATE IN ORDER TO MODIFY OR ENFORCE A SUPPORT ORDER, NOTICE   15,180       

OF THE COMPLAINT SHALL BE SERVED IN THE MANNER PROVIDED FOR        15,181       

SERVICE OF PROCESS UNDER THE RULES OF CIVIL PROCEDURE.             15,184       

      (D)  IF THE MANNER OF NOTICE IS NOT SPECIFIED IN THIS        15,187       

SECTION, OR OTHERWISE IN THIS CHAPTER OR THE RULES OF CIVIL        15,190       

PROCEDURE, NOTICE SHALL BE BY FIRST CLASS MAIL.                    15,191       

      Sec. 3115.56.  (A)  IF THIS STATE IS THE RESPONDING STATE,   15,195       

A COMPLAINT SEEKING ENFORCEMENT, COLLECTION, OR MODIFICATION OF    15,196       

AN EXISTING SUPPORT ORDER ORIGINALLY ISSUED IN THIS STATE SHALL    15,197       

                                                          370    

                                                                 
BE FILED WITH THE TRIBUNAL OR CHILD SUPPORT ENFORCEMENT AGENCY     15,198       

THAT ISSUED THE ORIGINAL ORDER.                                                 

      (B)  AN ORIGINAL ACTION UNDER THIS CHAPTER SHALL BE FILED    15,201       

WITH THE APPROPRIATE TRIBUNAL OF THE COUNTY PURSUANT TO SECTIONS   15,202       

2151.23 AND 2301.03 OF THE REVISED CODE IN WHICH THE RESPONDENT    15,204       

RESIDES OR IS FOUND.                                               15,205       

      (C)  IF AN OBLIGOR CONTESTING THE DIRECT WITHHOLDING OF      15,207       

INCOME UNDER SECTION 3115.37 OF THE REVISED CODE IS NOT A          15,210       

RESIDENT OF THIS STATE, THE COMPLAINT SHALL BE FILED WITH THE      15,211       

APPROPRIATE TRIBUNAL LOCATED IN EITHER OF THE FOLLOWING:           15,212       

      (1)  THE COUNTY IN WHICH THE OBLIGOR'S EMPLOYER IS LOCATED,  15,215       

IF THE ORDER ATTACHES TO THE INCOME OF THE OBLIGOR PAID BY THE     15,216       

EMPLOYER;                                                                       

      (2)  THE COUNTY IN WHICH AN ACCOUNT IS LOCATED IN A          15,218       

FINANCIAL INSTITUTION, IF THE INCOME WITHHOLDING ORDER ATTACHES    15,219       

THE FUNDS IN THAT ACCOUNT.                                         15,220       

      IF VENUE CANNOT BE DETERMINED UNDER DIVISION (C)(1) OR (2)   15,223       

OF THIS SECTION, THE NONRESIDENT OBLIGOR SHALL FILE THE COMPLAINT  15,224       

WITH A TRIBUNAL LOCATED IN A COUNTY OF THIS STATE THAT BORDERS     15,225       

THE OBLIGOR'S COUNTY OF RESIDENCE OR IN FRANKLIN COUNTY.           15,227       

      Sec. 3115.57.  AN ACTION COMMENCED UNDER THIS CHAPTER IN     15,230       

EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL BE        15,231       

GOVERNED BY THE LAW IN EFFECT AT THE TIME OF FILING.  THIS         15,232       

CHAPTER SHALL NOT BE CONSTRUED TO VOID OR ALTER ANY ORDER OR       15,233       

JUDGMENT ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.  THE  15,234       

PROVISIONS OF SECTION 3115.41 OF THE REVISED CODE SHALL NOT        15,236       

REVIVE ANY ACTION THAT COULD NOT BE FILED PRIOR TO THE EFFECTIVE   15,237       

DATE OF THIS SECTION UNDER PROVISIONS OF FORMER SECTION 3115.06    15,238       

OF THE REVISED CODE.                                               15,239       

      Sec. 3115.58.  SECTIONS 3115.01 TO 3115.59 OF THE REVISED    15,241       

CODE SHALL BE APPLIED AND CONSTRUED TO EFFECTUATE ITS GENERAL      15,243       

PURPOSE TO MAKE UNIFORM THE LAW OF THOSE STATES THAT ENACT A       15,244       

UNIFORM INTERSTATE FAMILY SUPPORT ACT.                                          

      Sec. 3115.59.  IF ANY PROVISION OF SECTIONS 3115.01 TO       15,246       

                                                          371    

                                                                 
3115.59 OF THE REVISED CODE OR ITS APPLICATION TO ANY PERSON OR    15,248       

CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT       15,249       

OTHER PROVISIONS OR APPLICATIONS OF THOSE SECTIONS WHICH CAN BE    15,250       

GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO  15,251       

THIS END THE PROVISIONS OF THOSE SECTIONS ARE SEVERABLE.                        

      Sec. 3705.07.  (A)  The local registrar of vital statistics  15,260       

shall number consecutively the birth, fetal death, and death       15,261       

certificates in three separate series, beginning with "number      15,262       

one" for the first birth, the first fetal death, and the first     15,263       

death registered in each calendar year.  Such local registrar      15,264       

shall sign his THE LOCAL REGISTRAR'S name in attest to the date    15,265       

of filing in the local office.  The local registrar shall make a   15,267       

complete and accurate copy of each birth, fetal death, and death   15,268       

certificate registered.  Each copy shall be filed and permanently  15,269       

preserved as the local record of such birth, fetal death, or       15,270       

death except as provided in sections 3705.09 and 3705.12 of the    15,271       

Revised Code. The local record may be a typewritten,               15,272       

photographic, electronic, or other reproduction.  On or before     15,273       

the tenth day of each month, the local registrar shall transmit    15,274       

to the state office of vital statistics all original birth, fetal  15,275       

death, death, and military service certificates received, and all  15,276       

social security numbers obtained under section 3705.09 or,         15,277       

3705.10, OR 3705.16 of the Revised Code, during the preceding      15,279       

month.  The local registrar shall immediately notify the health    15,280       

commissioner with jurisdiction in the registration district of     15,281       

the receipt of a death certificate attesting that death resulted   15,282       

from a communicable disease.                                                    

      The office of vital statistics shall carefully examine the   15,284       

records and certificates received from local registrars of vital   15,285       

statistics and shall secure any further information that may be    15,286       

necessary to make each record and certificate complete and         15,287       

satisfactory.  It shall arrange and preserve the records and       15,288       

certificates, or reproductions of them produced pursuant to        15,289       

section 3705.03 of the Revised Code, in a systematic manner and    15,290       

                                                          372    

                                                                 
shall maintain a permanent index of all births, fetal deaths, and  15,291       

deaths registered, which shall show the name of the child or       15,292       

deceased person, place and date of birth or death, number of the   15,293       

record or certificate, and the volume in which it is contained.    15,294       

      (B)(1)  The office of vital statistics shall make available  15,296       

to the bureau of child support in the department of human          15,297       

services all social security numbers that were furnished to a      15,298       

local registrar of vital statistics under division (I) of section  15,299       

3705.09 or under section 3705.10 OR 3705.16 of the Revised Code    15,301       

and that were transmitted to the office under division (A) of                   

this section.                                                      15,302       

      (2)  The office of vital statistics also shall make          15,304       

available to the bureau of child support in the department of      15,305       

human services any other information recorded in the birth record  15,306       

that may enable the bureau to use the social security numbers      15,307       

provided under division (B)(1) of this section to obtain the       15,308       

location of the father of the child whose birth certificate was    15,309       

accompanied by the social security number or to otherwise enforce  15,310       

a child support order pertaining to that child or any other        15,311       

child.                                                             15,312       

      Sec. 3705.09.  (A)  A birth certificate for each live birth  15,321       

in this state shall be filed in the registration district in       15,322       

which it occurs within ten days after such birth and shall be      15,323       

registered if it has been completed and filed in accordance with   15,324       

this section.                                                      15,325       

      (B)  When a birth occurs in or en route to an institution,   15,327       

the person in charge of the institution or his A designated        15,328       

representative shall obtain the personal data, prepare the         15,329       

certificate, secure the signatures required, and file the          15,330       

certificate within ten days with the local registrar of vital      15,331       

statistics.  The physician in attendance shall provide the         15,332       

medical information required by the certificate and certify to     15,333       

the facts of birth within seventy-two hours after the birth.       15,334       

      (C)  When a birth occurs outside an institution, the birth   15,336       

                                                          373    

                                                                 
certificate shall be prepared and filed by one of the following    15,337       

in the indicated order of priority:                                15,338       

      (1)  The physician in attendance at or immediately after     15,340       

the birth;                                                         15,341       

      (2)  Any other person in attendance at or immediately after  15,343       

the birth;                                                         15,344       

      (3)  The father;                                             15,346       

      (4)  The mother;                                             15,348       

      (5)  The person in charge of the premises where the birth    15,350       

occurred.                                                          15,351       

      (D)  Either of the parents of the child or other informant   15,353       

shall attest to the accuracy of the personal data entered on the   15,354       

birth certificate in time to permit the filing of the certificate  15,355       

within the ten days prescribed in this section.                    15,356       

      (E)  When a birth occurs in a moving conveyance within the   15,358       

United States and the child is first removed from the conveyance   15,359       

in this state, the birth shall be registered in this state and     15,360       

the place where it is first removed shall be considered the place  15,361       

of birth.  When a birth occurs on a moving conveyance while in     15,362       

international waters or air space or in a foreign country or its   15,363       

air space and the child is first removed from the conveyance in    15,364       

this state, the birth shall be registered in this state but the    15,365       

record shall show the actual place of birth insofar as can be      15,366       

determined.                                                        15,367       

      (F)(1)  If the mother of a child was married at the time of  15,369       

either conception or birth or between conception and birth, the    15,370       

child shall be registered in the surname designated by the         15,371       

mother, and the name of the husband shall be entered on the        15,372       

certificate as the father of the child.  The presumption of        15,373       

paternity shall be in accordance with section 3111.03 of the       15,374       

Revised Code.                                                      15,375       

      (2)  If the mother was not married at the time of            15,377       

conception or birth or between conception and birth, the child     15,378       

shall be registered by the surname of DESIGNATED BY the mother.    15,379       

                                                          374    

                                                                 
The name of the father of such child shall also be inserted on     15,380       

the birth certificate if both the mother and the father sign the   15,381       

birth certificate as informants AN ACKNOWLEDGEMENT OF PATERNITY    15,382       

AFFIDAVIT before the birth record is accepted for filing by the    15,383       

local registrar and in such a case the child may be registered by  15,384       

the surname of the father if the mother and father so designate.   15,386       

If the father is not named on the birth certificate PURSUANT TO    15,387       

DIVISION (F)(1) OR (2) OF THIS SECTION, no other information       15,388       

about the father shall be entered on the record.                   15,389       

      (G)  When a man is presumed or found to be the father of a   15,391       

child, according to sections 3111.01 to 3111.19, FORMER SECTION    15,392       

3111.21, OR SECTION 3111.22 of the Revised Code, or the father     15,393       

has acknowledged the child as his child in accordance with AN      15,395       

ACKNOWLEDGMENT OF PATERNITY, AND THE ACKNOWLEDGMENT HAS BECOME     15,396       

FINAL PURSUANT TO section 2105.18 2151.232, 3111.211, OR 5101.314  15,397       

of the Revised Code, and documentary evidence of such fact is      15,399       

submitted to the department of health in such form as the                       

director may require, a new birth record shall be issued by the    15,401       

department which shall have the same overall appearance as the     15,402       

record which would have been issued under this section if a        15,403       

marriage had occurred before the birth of such child.  Where       15,404       

handwriting is required to effect such appearance, the department  15,405       

shall supply it.  Upon the issuance of such new birth record, the  15,406       

original birth record shall cease to be a public record.  Such     15,407       

EXCEPT AS PROVIDED IN DIVISION (C) OF SECTION 3705.091 OF THE      15,408       

REVISED CODE, THE original record and any documentary evidence     15,410       

supporting the new registration of birth shall be placed in an     15,411       

envelope which shall be sealed by the department and shall not be  15,412       

open to inspection or copy unless so ordered by a court of         15,413       

competent jurisdiction.                                                         

      The department shall then promptly forward a copy of the     15,415       

new birth record to the local registrar of vital statistics of     15,416       

the district in which the birth occurred, and such local           15,417       

registrar shall file a copy of such new birth record along with    15,418       

                                                          375    

                                                                 
and in the same manner as the other copies of birth records in     15,419       

such local registrar's possession.  All copies of the original     15,420       

birth record in the possession of the local registrar or the       15,421       

probate court, as well as any and all index references to it,      15,422       

shall be destroyed.  Such new birth record, as well as any         15,423       

certified or exact copy of it, when properly authenticated by a    15,424       

duly authorized person shall be prima-facie evidence in all        15,425       

courts and places of the facts stated in it.                       15,426       

      (H)  When a woman who is a legal resident of this state has  15,428       

given birth to a child in a foreign country that does not have a   15,429       

system of registration of vital statistics, a birth record may be  15,430       

filed in the office of vital statistics on evidence satisfactory   15,431       

to the director of health.                                         15,432       

      (I)  Every birth certificate filed under this section on or  15,434       

after July 1, 1990, shall be accompanied by all social security    15,435       

numbers that have been issued to the parents of the child, unless  15,436       

the bureau of child support in the department of human services,   15,437       

acting in accordance with regulations prescribed under the         15,438       

"Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, as  15,439       

amended, finds good cause for not requiring that the numbers be    15,440       

furnished with the certificate.  The parents' social security      15,441       

numbers shall not be recorded on the certificate.  The local       15,442       

registrar of vital statistics shall transmit the social security   15,443       

numbers to the state office of vital statistics in accordance      15,444       

with section 3705.07 of the Revised Code.  No social security      15,445       

number obtained under this division shall be used for any purpose  15,446       

other than child support enforcement.                              15,447       

      Sec. 3705.091.  (A)  IF THE NATURAL MOTHER AND ALLEGED       15,449       

FATHER OF A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT    15,450       

PREPARED PURSUANT TO SECTION 5101.324 OF THE REVISED CODE WITH     15,452       

RESPECT TO THAT CHILD AT THE OFFICE OF THE LOCAL REGISTRAR, THE    15,453       

LOCAL REGISTRAR SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE      15,454       

ACKNOWLEDGMENT.  THE LOCAL REGISTRAR, ON THE REQUEST OF THE        15,455       

MOTHER AND FATHER, SHALL SEND A SIGNED AND NOTARIZED                            

                                                          376    

                                                                 
ACKNOWLEDGMENT OF PATERNITY TO THE DIVISION OF CHILD SUPPORT IN    15,456       

THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.314 OF   15,457       

THE REVISED CODE.  THE LOCAL REGISTRAR SHALL SEND THE              15,460       

ACKNOWLEDGMENT NO LATER THAN TEN DAYS AFTER IT HAS BEEN SIGNED     15,461       

AND NOTARIZED. IF THE LOCAL REGISTRAR KNOWS A MAN IS PRESUMED      15,462       

UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE  15,463       

CHILD, THE LOCAL REGISTRAR SHALL NOT NOTARIZE OR SEND AN           15,464       

ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS          15,465       

SECTION.                                                                        

      (B)  THE LOCAL REGISTRAR OF VITAL STATISTICS SHALL PROVIDE   15,467       

AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT DESCRIBED IN DIVISION     15,469       

(A) OF THIS SECTION TO ANY PERSON THAT REQUESTS IT.                             

      (C)  THE DEPARTMENT OF HEALTH SHALL STORE ALL                15,472       

ACKNOWLEDGMENTS OF PATERNITY AFFIDAVITS IT RECEIVES PURSUANT TO    15,473       

SECTION 5101.314 OF THE REVISED CODE.  THE DEPARTMENT OF HEALTH    15,474       

SHALL SEND TO THE DIVISION ANY ACKNOWLEDGMENT THE DEPARTMENT IS    15,475       

STORING THAT THE DIVISION REQUESTS.  THE DEPARTMENT OF HEALTH      15,476       

SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO  15,477       

GOVERN THE METHOD OF STORAGE OF THE ACKNOWLEDGMENTS AND TO         15,478       

IMPLEMENT THIS SECTION.                                                         

      (D)  THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF HUMAN    15,481       

SERVICES SHALL ENTER INTO AN AGREEMENT REGARDING EXPENSES          15,482       

INCURRED BY THE DEPARTMENT OF HEALTH IN COMPARING ACKNOWLEDGMENT   15,483       

OF PATERNITY AFFIDAVITS TO BIRTH RECORDS AND STORAGE OF            15,484       

ACKNOWLEDGMENT OF PATERNITY AFFIDAVITS.                                         

      Sec. 3705.16.  Each death or fetal death that occurs in      15,493       

this state shall be registered with the local registrar of vital   15,494       

statistics of the district in which the death or fetal death       15,495       

occurred by the funeral director or other person in charge of the  15,496       

final disposition of the remains.  The personal and statistical    15,497       

information in the death or fetal death certificate shall be       15,498       

obtained from the best qualified persons or sources available by   15,499       

the funeral director or other person in charge of the final        15,500       

disposition of the remains.  The statement of facts relating to    15,501       

                                                          377    

                                                                 
the disposition of the body and information relative to the armed  15,502       

services referred to in section 3705.19 of the Revised Code shall  15,503       

be signed by the funeral director or other person in charge of     15,504       

the final disposition of the remains.  The funeral director or     15,505       

other person in charge of the final disposition of the remains     15,506       

shall then present the death certificate to the physician or       15,507       

coroner for certification of the cause of death.  The medical      15,508       

certificate of death shall be completed and signed by the          15,509       

physician who attended the deceased or by the coroner within       15,510       

forty-eight hours after death.  The coroner may satisfy the        15,511       

requirement of signing a death certificate showing the cause of    15,512       

death as pending either by stamping it with a stamp of his THE     15,513       

CORONER'S signature or by signing it in his THE CORONER'S own      15,515       

hand, but he THE CORONER shall sign a death certificate or         15,517       

supplementary medical certification in his THE CORONER'S own       15,518       

hand.  ANY DEATH CERTIFICATE REGISTERED PURSUANT TO THIS SECTION   15,519       

SHALL CONTAIN THE SOCIAL SECURITY NUMBER OF THE DECEDENT.  A       15,521       

SOCIAL SECURITY NUMBER OBTAINED UNDER THIS SECTION IS A PUBLIC     15,522       

RECORD UNDER SECTION 149.43 OF THE REVISED CODE.                   15,524       

      Sec. 3727.17.  Each hospital shall provide a staff person    15,534       

to do all of the following:                                        15,535       

      (A)  Meet with each unmarried mother who gave birth in or    15,537       

en route to the hospital within twenty-four hours after the birth  15,538       

or before the mother is released from the hospital;                15,539       

      (B)  Attempt to meet with the father of the unmarried        15,541       

mother's child if possible;                                        15,542       

      (C)  Explain to the unmarried mother and the father, if he   15,544       

THE FATHER is present, the benefit to the child of establishing a  15,546       

parent and child relationship between the father and the child     15,547       

and the various proper procedures for establishing a parent and    15,548       

child relationship;                                                15,549       

      (D)  Present to the unmarried mother and, if possible, the   15,551       

father, a THE pamphlet or statement regarding the rights and       15,552       

responsibilities of a natural parent prepared by the department    15,553       

                                                          378    

                                                                 
of human services PURSUANT TO SECTION 5101.324 OF THE REVISED      15,554       

CODE;                                                                           

      (E)  Provide the unmarried mother, and if possible the       15,556       

father, all forms, AND statements, or agreements necessary to      15,558       

voluntarily establish a parent and child relationship, including   15,559       

the acknowledgment of paternity form prescribed PREPARED BY THE    15,560       

DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.324 OF THE   15,561       

REVISED CODE AND REQUIRED under section 2105.18 5101.314 of the    15,562       

Revised Code and the voluntary agreement to be bound by the        15,564       

results of genetic testing set forth in section 2301.373 or        15,565       

3111.21 of the Revised Code;                                                    

      (F)  Upon both the mother's and father's request, help the   15,567       

mother and father complete any specific form, OR statement, or     15,569       

agreement necessary to establish a parent and child relationship;               

      (G)  Present to an unmarried mother who is not a recipient   15,571       

of medicaid or aid to dependent children an application for Title  15,572       

IV-D services;                                                     15,573       

      (H)  Upon both the mother's and father's request, mail MAIL  15,575       

the voluntary acknowledgment of paternity, NO LATER THAN TEN DAYS  15,576       

AFTER IT IS COMPLETED, to the probate court in the county in       15,578       

which the father, the mother, or the child resides DIVISION OF     15,579       

CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES.                              

      EACH HOSPITAL SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE AN   15,581       

ACKNOWLEDGMENT OF PATERNITY SIGNED BY THE MOTHER AND FATHER.  IF   15,583       

A HOSPITAL KNOWS OR DETERMINES THAT A MAN IS PRESUMED UNDER        15,584       

SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE CHILD  15,585       

DESCRIBED IN THIS SECTION, THE HOSPITAL SHALL TAKE NO FURTHER      15,586       

ACTION WITH REGARD TO AN ACKNOWLEDGMENT AND SHALL NOT MAIL AN      15,587       

ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS          15,588       

SECTION.                                                           15,589       

      A HOSPITAL MAY CONTRACT WITH A PERSON OR GOVERNMENT ENTITY   15,592       

TO FULFILL ITS RESPONSIBILITIES UNDER THIS SECTION AND SECTION     15,593       

2301.357 OF THE REVISED CODE.  SERVICES PROVIDED BY A HOSPITAL     15,595       

UNDER THIS SECTION OR PURSUANT TO A CONTRACT UNDER SECTION         15,596       

                                                          379    

                                                                 
2301.357 OF THE REVISED CODE DO NOT CONSTITUTE THE PRACTICE OF     15,598       

LAW.  A HOSPITAL SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL         15,599       

LIABILITY FOR ANY DAMAGE OR INJURY ALLEGED TO RESULT FROM                       

SERVICES PROVIDED PURSUANT TO THIS SECTION OR SECTION 2301.357 OF  15,601       

THE REVISED CODE UNLESS THE HOSPITAL ACTED WITH MALICIOUS          15,603       

PURPOSE, IN BAD FAITH, OR IN A WANTON OR RECKLESS MANNER.          15,604       

      Sec. 3770.071.  (A)  If the amount of the prize money or     15,613       

the cost of goods or services awarded as a lottery prize award is  15,614       

six hundred dollars or more, the director of the state lottery     15,615       

commission, or the director's designee, shall require the person   15,616       

entitled to the prize award to affirm in writing, under oath,      15,617       

whether or not the person is in default under a support order.     15,618       

The director or the director's designee also may take any          15,619       

additional appropriate steps to determine if the person entitled   15,620       

to the prize award is in default under a support order.  If the    15,621       

person entitled to the prize award affirms that the person is in   15,622       

default under a support order, or if the director or the           15,623       

director's designee determines that the person is in default       15,624       

under a support order, the director or the director's designee     15,625       

shall temporarily withhold payment of the prize award and inform   15,626       

the court that issued the support order that the person is         15,628       

entitled to a prize award, of the amount of the prize award, and,  15,629       

if the prize award is to be paid in annual installments, of the    15,630       

number of installments.                                            15,631       

      After receipt of the notice from the director or the         15,633       

director's designee, the court shall give the person notice of     15,635       

the director's notice, schedule a hearing to determine if the      15,636       

person is in default and the amount of the default, and give the   15,637       

person notice of the date, time, and location of the hearing.  If  15,638       

the court at the hearing determines that the person is in          15,639       

default, it shall issue an order to the director at lottery        15,640       

commission headquarters requiring the director or the director's   15,641       

designee to deduct from any unpaid prize award or any annual       15,642       

installment payment of the prize award, a specified amount for     15,643       

                                                          380    

                                                                 
child support or spousal support in satisfaction of the support    15,644       

order under which the person is in default.  To the extent         15,645       

possible, the amount specified to be deducted under the order      15,646       

issued under this section shall satisfy the amount ordered for     15,647       

support or spousal support in the support order under which the    15,648       

person is in default.  Within thirty days after the date on which  15,649       

the court issues the order under this section to the director,     15,650       

the director shall pay the amount specified in that order to the   15,651       

DIVISION OF child support enforcement agency that is               15,652       

administering the support order, the person entitled to the        15,654       

support payments under the support order, or any other person or   15,655       

entity specified in the court order issued under this section IN   15,656       

THE DEPARTMENT OF HUMAN SERVICES.  If the prize award is to be     15,658       

paid in annual installments, the director or the director's                     

designee, on the date the installment payment is due, shall pay    15,660       

the amount specified in the court order issued under this section  15,661       

from that installment and, if necessary, any subsequent annual     15,662       

installments, at the time such installments become due and owing   15,663       

to the prize winner, to the DIVISION OF child support enforcement  15,664       

agency that is administering the support order, the person         15,666       

entitled to the support payments under the support order, or any   15,667       

other person or entity specified in the court order issued under   15,668       

this section.                                                                   

      (B)  As used in this section, "support order" and "default"  15,670       

have the same meanings as in section 2301.34 of the Revised Code.  15,671       

      (C)  No person shall knowingly make a false affirmation or   15,673       

oath required by division (A) of this section.                     15,674       

      Sec. 3924.48.  (A)  If a parent of a child is required by a  15,683       

court or administrative order to provide health care coverage for  15,684       

the child, and if the parent is eligible for family health care    15,685       

coverage provided by a health insurer, the health insurer shall    15,686       

do both of the following:                                          15,687       

      (1)  If the child is otherwise eligible for the coverage,    15,689       

permit the parent to enroll the child under the family coverage    15,690       

                                                          381    

                                                                 
without regard to any enrollment period restrictions;              15,691       

      (2)  If the parent is enrolled under the coverage but fails  15,693       

to make application to obtain coverage for the child, enroll the   15,694       

child under the family coverage upon application of the child's    15,695       

other parent or pursuant to an A CHILD SUPPORT order issued        15,697       

CONTAINING PROVISIONS in accordance COMPLIANCE with sections       15,698       

SECTION 3111.241 and OR 3113.217 of the Revised Code.              15,699       

      (B)  The health insurer shall not terminate the child's      15,701       

coverage unless the health insurer is provided satisfactory        15,702       

written evidence of either of the following:                       15,703       

      (1)  The court or administrative order is no longer in       15,705       

effect.                                                            15,706       

      (2)  The child is or will be enrolled under comparable       15,708       

health care coverage provided by another health insurer, which     15,709       

coverage will take effect not later than the effective date of     15,710       

the termination of the current coverage.                           15,711       

      (C)  AS USED IN THIS SECTION, "CHILD SUPPORT ORDER" HAS THE  15,714       

SAME MEANING AS IN SECTION 2301.373 OF THE REVISED CODE.           15,715       

      Sec. 3924.49.  (A)  If a parent of a child is required by a  15,724       

court or administrative order to provide health care coverage for  15,725       

the child, which coverage is available through an employer doing   15,726       

business in this state, the employer shall do all of the           15,727       

following:                                                         15,728       

      (1)  If the child is otherwise eligible for the family       15,730       

coverage, permit the parent to enroll the child under the          15,731       

coverage without regard to any enrollment period restrictions;     15,732       

      (2)  If the parent is enrolled under the coverage but fails  15,734       

to make application to obtain coverage for the child, enroll the   15,735       

child under the family coverage upon application of the child's    15,736       

other parent or pursuant to an A CHILD SUPPORT order issued        15,738       

CONTAINING PROVISIONS in accordance COMPLIANCE with sections       15,739       

SECTION 3111.241 and OR 3113.217 of the Revised Code;              15,740       

      (3)  Withhold from the employee's compensation the           15,742       

employee's share of premiums for the health care coverage, if      15,743       

                                                          382    

                                                                 
any, and pay that amount to the health insurer providing the       15,744       

coverage.                                                          15,745       

      (B)  The employer shall not terminate the child's coverage   15,747       

unless the employer has eliminated family coverage for all of its  15,748       

employees or unless the employer is provided satisfactory written  15,749       

evidence of either of the following:                               15,750       

      (1)  The court or administrative order is no longer in       15,752       

effect.                                                            15,753       

      (2)  The child is or will be enrolled under comparable       15,755       

health care coverage that will take effect not later than the      15,756       

effective date of the termination of the current coverage.         15,757       

      (C)  AS USED IN THIS SECTION, "CHILD SUPPORT ORDER" HAS THE  15,759       

SAME MEANING AS IN SECTION 2301.373 OF THE REVISED CODE.           15,760       

      Sec. 4141.16.  (A)  The administrator of the bureau of       15,769       

employment services shall make available, upon request, to the     15,770       

director of human services or to the county directors of human     15,771       

services in the state the name, address, ordinary occupation, and  15,772       

employment status of each recipient of unemployment benefits       15,773       

under this chapter, and a statement of such recipient's rights to  15,774       

further benefits under this chapter.                               15,775       

      (B)  The administrator shall also furnish, upon request of   15,777       

a public agency administering or supervising the administration    15,778       

of a state plan approved under part A of Title IV of the "Social   15,779       

Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, or of a       15,780       

public agency charged with any duty or responsibility under any    15,781       

program or activity authorized or required under part D of Title   15,782       

IV of such act, information with respect to any individual         15,783       

specified in the request as to:                                    15,784       

      (1)  Whether the individual is receiving, has received, or   15,786       

has made application for unemployment compensation, and the        15,787       

amount of any compensation being received by the individual;       15,788       

      (2)  The current or most recent home address of the          15,790       

individual;                                                        15,791       

      (3)  Whether the individual has refused an offer of          15,793       

                                                          383    

                                                                 
employment and, if so, a description of the employment so offered  15,794       

and the terms, conditions, and rate of pay therefor.               15,795       

      The public agency shall pay to the bureau of employment      15,797       

services the actual costs of furnishing the information described  15,798       

in this division, as provided in the "Unemployment Compensation    15,799       

Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a.                15,800       

      (C)(1)  The administrator shall disclose, upon request, to   15,802       

officers, agents, or employees of any state or local child         15,803       

support enforcement agency, any wage information contained in the  15,804       

records of the bureau of employment services with respect to an    15,805       

individual identified in the request.                              15,806       

      (2)  The officer, agent, or employee of the state or local   15,808       

child support enforcement agency shall state in the request that   15,809       

the wage information shall be used only for the purpose PURPOSES   15,810       

of establishing PATERNITY; ESTABLISHING, MODIFYING, and            15,811       

collecting ENFORCING child support obligations from, and           15,812       

locating, individuals owing these obligations which are being      15,813       

enforced ADMINISTERED pursuant to a plan described in section 454  15,815       

of the "Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A.    15,816       

654, which has been approved by the United States secretary of     15,817       

health and human services under part D of Title IV of the "Social  15,818       

Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651.              15,819       

      (3)  State and local child support enforcement agencies,     15,821       

pursuant to section 303(d) of the "Social Security Act," 94 Stat.  15,822       

441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security  15,823       

Disability Amendments of 1980," section 408(B) of P.L. 96-265,     15,824       

shall pay to the bureau the actual costs of furnishing the         15,825       

information described in this division.                            15,826       

      (4)  Requirements with respect to the confidentiality of     15,828       

information obtained in the administration of this chapter and     15,829       

any sanctions imposed on improper disclosure of information        15,830       

obtained therein shall apply to the redisclosure of information    15,831       

disclosed under this section.                                      15,832       

      (D)  The administrator also shall furnish, as required by    15,834       

                                                          384    

                                                                 
section 303(h) of the "Social Security Act," to the United States  15,835       

secretary of health and human services, and on a reimbursable      15,836       

basis, prompt access to wage and claims information, including     15,837       

any information useful in locating an absent parent or such        15,838       

parent's employer for use by the "Parent Locator Service,"         15,839       

section 453, part D of Title IV of the "Social Security Act" and   15,840       

as required under section 303(h) of such act.                      15,841       

      (E)(1)  If the director of human services determines that    15,843       

direct, on-line access to the automated information system         15,844       

maintained by the bureau of employment services is an effective    15,845       

and efficient means of obtaining necessary information to aid in   15,846       

the enforcement or collection of child support obligations, the    15,847       

director shall make a written request to the administrator of the  15,848       

bureau of employment services to permit the following to have      15,849       

direct, on-line access to the information system:                  15,850       

      (a)  The department of human services;                       15,852       

      (b)  Officers, agents, or employees of a state or local      15,854       

child support enforcement agency of this state or of another       15,855       

state as designated by the director;                               15,856       

      (c)  Officers, agents, or employees of any private agency    15,858       

designated by the director that is operating pursuant to a         15,859       

contract entered into with a state or local child support          15,860       

enforcement agency of this state for the exchange of information   15,861       

related to the enforcement and collection of child support         15,862       

obligations.                                                       15,863       

      (2)  The director of human services shall not designate      15,865       

pursuant to division (E)(1) of this section a state or local       15,866       

child support enforcement agency of this state or of another       15,867       

state or any private agency to have access to the automated        15,868       

information system maintained by the bureau unless he THE          15,869       

DIRECTOR also determines that on-line direct access to the         15,871       

bureau's automated information system by that agency is necessary  15,872       

for the implementation of a child support enforcement program      15,873       

operating pursuant to a plan described in section 454 of the       15,874       

                                                          385    

                                                                 
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654,      15,875       

that has been approved by the secretary of health and human        15,876       

services under part D of Title IV of the "Social Security Act,"    15,877       

88 Stat. 2351 (1975), 42 U.S.C.A. 651.                             15,878       

      (3)  Upon receipt of a request made under division (E)(1)    15,880       

of this section, the administrator of the bureau shall comply      15,881       

with the request and shall adopt rules pursuant to this section    15,882       

and section 111.15 of the Revised Code to regulate access to the   15,883       

bureau's automated information system.  The rules shall include a  15,884       

confidentiality requirement that conforms to division (E)(5) of    15,885       

this section.                                                      15,886       

      (4)(a)  State and local child support enforcement agencies,  15,888       

pursuant to section 303(d) of the "Social Security Act," 94 Stat.  15,889       

441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security  15,890       

Disability Amendments of 1980," section 408(B) of P.L. 96-265,     15,891       

shall pay to the bureau the actual costs to the bureau of          15,892       

accessing its automated information system.                        15,893       

      (b)  Any private agency designated by the director of human  15,895       

services pursuant to division (E)(1) of this section that is       15,896       

operating pursuant to a contract entered into with a state or      15,897       

local child support enforcement agency of this state for the       15,898       

exchange of information related to the enforcement and collection  15,899       

of child support obligations shall pay or provide contractually    15,900       

for the payment of the actual costs to the bureau of accessing     15,901       

its automated information system.                                  15,902       

      (5)  The requirements with respect to the confidentiality    15,904       

of information obtained in the administration of this chapter and  15,905       

any sanctions imposed on improper disclosure of information        15,906       

obtained in the administration of this chapter shall apply to any  15,907       

information obtained pursuant to division (E) of this section      15,908       

through on-line access to the bureau's automated information       15,909       

system.                                                            15,910       

      (F)  The director of human services, his THE DIRECTOR'S      15,912       

employees, and other individuals to whom information is made       15,914       

                                                          386    

                                                                 
available pursuant to this section are subject to section 4141.22  15,915       

of the Revised Code and the penalty for violation of that section  15,916       

as specified in section 4141.99 of the Revised Code.               15,917       

      (G)  As used in this section, "state or local child support  15,919       

enforcement agency" means either of the following:                 15,920       

      (1)  In this state, the department of human services, the    15,922       

division of child support created pursuant to section 5101.31 of   15,923       

the Revised Code, or a child support enforcement agency            15,924       

designated by the board of county commissioners pursuant to        15,925       

section 2301.35 of the Revised Code;                               15,926       

      (2)  In a state other than this state, any agency of a       15,928       

state or of a political subdivision of a state operating pursuant  15,929       

to a plan described in section 454 of the "Social Security Act,"   15,930       

which has been approved by the secretary of health and human       15,931       

services under part D of Title IV of the "Social Security Act."    15,932       

      Sec. 4141.162.  (A)  The administrator of the bureau of      15,941       

employment services shall establish an income and eligibility      15,942       

verification system that complies with section 1137 of the         15,943       

"Social Security Act."  The programs included in the system are:   15,944       

      (1)  Unemployment compensation pursuant to section 3304 of   15,946       

the "Internal Revenue Code of 1954";                               15,947       

      (2)  Aid to families with dependent children pursuant to     15,949       

part A of Title IV of the "Social Security Act";                   15,950       

      (3)  Medicaid assistance pursuant to Title XIX of the        15,952       

"Social Security Act";                                             15,953       

      (4)  Food stamps pursuant to the "Food Stamp Act of 1977,"   15,955       

91 Stat. 958, 7 U.S.C.A. 2012, as amended;                         15,956       

      (5)  Any Ohio program under a plan approved under Title I,   15,958       

X, XIV, or XVI of the "Social Security Act."                       15,959       

      Wage information provided by employers to the bureau shall   15,961       

be furnished to the income and eligibility verification system.    15,962       

Such information shall be used by the bureau to determine          15,963       

eligibility of individuals for unemployment compensation benefits  15,964       

and the amount of those benefits and used by the agencies that     15,965       

                                                          387    

                                                                 
administer the programs identified in divisions (A)(2) to (5) of   15,966       

this section to determine or verify eligibility for or the amount  15,967       

of benefits under those programs.                                  15,968       

      The bureau shall fully implement the use of wage             15,970       

information to determine eligibility for and the amount of         15,971       

unemployment compensation benefits by September 30, 1988.          15,972       

      Information furnished under the system shall also be made    15,974       

available to the appropriate state or local child support          15,975       

enforcement agency for the purposes of an approved plan under      15,976       

part D of Title IV of the "Social Security Act" and to the         15,977       

appropriate federal agency for the purposes of Titles II and XVI   15,978       

of the "Social Security Act."                                      15,979       

      (B)  The administrator shall adopt rules as necessary under  15,981       

which the bureau of employment services, the department of human   15,982       

services, and other state agencies the administrator determines    15,983       

must participate in order to ensure compliance with section 1137   15,984       

of the "Social Security Act" exchange information with each other  15,985       

or authorized federal agencies about individuals who are           15,986       

applicants for or recipients of benefits under any of the          15,987       

programs enumerated in division (A) of this section.  The rules    15,988       

shall extend to:                                                   15,989       

      (1)  A requirement for standardized formats and procedures   15,991       

for a participating agency to request and receive information      15,992       

about an individual, which information shall include the           15,993       

individual's social security number;                               15,994       

      (2)  A requirement that all applicants for and recipients    15,996       

of benefits under any program enumerated in division (A) of this   15,997       

section be notified at the time of application, and periodically   15,998       

thereafter, that information available through the system may be   15,999       

shared with agencies that administer other benefit programs and    16,000       

utilized in establishing or verifying eligibility or benefit       16,001       

amounts under the other programs enumerated in division (A) of     16,002       

this section;                                                      16,003       

      (3)  A requirement that information is made available only   16,005       

                                                          388    

                                                                 
to the extent necessary to assist in the valid administrative      16,006       

needs of the program receiving the information and is targeted     16,007       

for use in ways which are most likely to be productive in          16,008       

identifying and preventing ineligibility and incorrect payments;   16,009       

      (4)  A requirement that information is adequately protected  16,011       

against unauthorized disclosures for purposes other than to        16,012       

establish or verify eligibility or benefit amounts under the       16,013       

programs enumerated in division (A) of this section;               16,014       

      (5)  A requirement that a program providing information is   16,016       

reimbursed by the program using the information for the actual     16,017       

costs of furnishing the information and that the administrator be  16,018       

reimbursed by the participating programs for any actual costs      16,019       

incurred in operating the system;                                  16,020       

      (6)  Requirements for any other matters necessary to ensure  16,022       

the effective, efficient, and timely exchange of necessary         16,023       

information or that the administrator determines must be           16,024       

addressed in order to ensure compliance with the requirements of   16,025       

section 1137 of the "Social Security Act."                         16,026       

      (C)  Each participating agency shall furnish to the income   16,028       

and eligibility verification system established in division (A)    16,029       

of this section that information, which the administrator, by      16,030       

rule, determines is necessary in order to comply with section      16,031       

1137 of the "Social Security Act."                                 16,032       

      (D)  Notwithstanding the information disclosure              16,034       

requirements of this section and sections 4141.16, 4141.161, AND   16,036       

4141.21, and division (D)(4)(a) of section 4141.28 of the Revised  16,037       

Code, the administrator shall administer those provisions of law                

so as to comply with section 1137 of the "Social Security Act."    16,038       

      (E)  Requirements in section 4141.21 of the Revised Code     16,040       

with respect to confidentiality of information obtained in the     16,041       

administration of Chapter 4141. of the Revised Code and any        16,042       

sanctions imposed for improper disclosure of such information      16,043       

shall apply to the redisclosure of information disclosed under     16,044       

this section.                                                      16,045       

                                                          389    

                                                                 
      Sec. 4141.28.  (A)  Applications for determination of        16,054       

benefit rights and claims for benefits shall be filed with a       16,055       

deputy of the administrator of the bureau of employment services   16,056       

designated for the purpose.  Such applications and claims may      16,057       

also be filed with an employee of another state or federal agency  16,058       

or with an employee of the unemployment insurance commission of    16,059       

Canada, charged with the duty of accepting applications and        16,060       

claims for unemployment benefits.                                  16,061       

      When a former employee of a state agency, board, or          16,063       

commission that has terminated its operations files an             16,064       

application under this division, the former employee shall give    16,065       

notice that the agency, board, or commission has terminated its    16,066       

operations.  All notices or information required to be sent under  16,067       

this chapter to or furnished by the applicant's employer shall be  16,068       

sent to or furnished by the director of administrative services.   16,069       

      (B)(1)  When an unemployed individual files an application   16,071       

for determination of benefit rights, the administrator shall       16,072       

furnish the individual with the information specified in division  16,074       

(A) of section 4141.321 of the Revised Code and with a pamphlet    16,075       

giving instructions for the steps an applicant may take if the     16,076       

applicant's claim for benefits is disallowed.  The pamphlet shall  16,078       

state the applicant's right of appeal, clearly describe the        16,079       

different levels of appeal, and explain where and when each        16,080       

appeal must be filed.  In filing an application, the individual    16,081       

shall, for the individual's most recent employment, furnish the    16,082       

administrator with either:                                                      

      (a)  The information furnished by the employer as provided   16,084       

for in division (B)(2) of this section;                            16,085       

      (b)  The name and address of the employer for whom the       16,087       

individual performed services and the individual's written         16,088       

statement of the reason for separation from the employer.          16,089       

      Where the claimant has furnished information in accordance   16,091       

with division (B)(1)(b) of this section, the administrator shall   16,092       

promptly send a notice in writing that such filing has been made   16,093       

                                                          390    

                                                                 
to the individual's most recent employer, which notice shall       16,094       

request from the employer the reason for the individual's          16,095       

unemployment.  The notice shall inform such employer of the        16,096       

employer's right, upon request, to be present at a fact-finding    16,098       

interview conducted prior to the making of any determination       16,099       

under that division.  Upon receipt of any request, the claimant    16,100       

and the employer making the request shall have at least three      16,101       

days' prior notice of the time and place of the fact-finding       16,102       

interview.  In the conduct of the interview, the administrator is  16,103       

not bound by rules of evidence or of procedure for the conduct of  16,104       

hearings.  The administrator may request from any base period      16,105       

employer information necessary for the determination of the        16,106       

applicant's rights to benefits.  Information as to the reason for  16,107       

unemployment preceding an additional claim shall be obtained in    16,108       

the same manner.  Requests for such information shall be stamped   16,109       

by the administrator with the date on which they are mailed.  If   16,110       

the employer fails to mail or deliver such information within ten  16,111       

working days from the date the administrator mailed and date       16,112       

stamped such request, and if necessary to assure prompt payment    16,113       

of benefits when due, the administrator shall make the             16,114       

determination, and shall base the determination on such            16,115       

information as is available to the administrator, which shall      16,117       

include the applicant's statement made under division (B)(1)(b)    16,118       

of this section.  The determination, as it relates to the          16,119       

claimant's determination of benefit rights, shall be amended upon  16,120       

receipt of correct remuneration information at any time within     16,121       

the benefit year and any benefits paid and charged to an                        

employer's account prior to the receipt of such information shall  16,122       

be adjusted, effective as of the beginning of the claimant's       16,123       

benefit year.                                                      16,124       

      (2)  An employer who separates within any seven-day period   16,126       

fifty or more individuals because of lack of work, and these       16,127       

individuals upon separation will be unemployed as defined in       16,128       

division (R) of section 4141.01 of the Revised Code, shall         16,129       

                                                          391    

                                                                 
furnish notice to the administrator of the dates of separation     16,130       

and the approximate number of individuals being separated.  The    16,131       

notice shall be furnished at least three working days prior to     16,132       

the date of the first day of such separations.  In addition, at    16,133       

the time of separation the employer shall furnish to the           16,134       

individual being separated or to the administrator separation      16,135       

information necessary to determine the individual's eligibility,   16,136       

on forms and in a manner approved by the administrator.            16,137       

      An employer who operates multiple business establishments    16,139       

at which both the effective authority for hiring and separation    16,140       

of employees and payroll information is located and who, because   16,141       

of lack of work, separates a total of fifty or more individuals    16,142       

at two or more business establishments is exempt from the first    16,143       

paragraph of division (B)(2) of this section.  This paragraph      16,144       

shall not be construed to relieve an employer who operates         16,145       

multiple business establishments from complying with division      16,146       

(B)(2) of this section where the employer separates fifty or more  16,147       

individuals at any business establishment within a seven-day       16,148       

period.                                                            16,149       

      An employer of individuals engaged in connection with the    16,151       

commercial canning or commercial freezing of fruits and            16,152       

vegetables is exempt from the provision of division (B)(2) of      16,153       

this section that requires an employer to furnish notice of        16,154       

separation at least three working days prior to the date of the    16,155       

first day of such separations.                                     16,156       

      (3)  Where an individual at the time of filing an            16,158       

application for determination of benefit rights furnishes          16,159       

separation information provided by the employer or where the       16,160       

employer has provided the administrator with the information in    16,161       

accordance with division (B)(2) of this section, the               16,162       

administrator shall make a determination of eligibility on the     16,163       

basis of the information furnished.  The administrator shall       16,164       

promptly notify all interested parties under division (D)(1) of    16,165       

this section of the determination.                                 16,166       

                                                          392    

                                                                 
      (4)  Where an employer has furnished separation information  16,168       

under division (B)(2) of this section which is insufficient to     16,169       

enable the administrator to make a determination of a claim for    16,170       

benefits of an individual, or where the individual fails at the    16,171       

time of filing an application for determination of benefit rights  16,172       

to produce the separation information furnished by an employer,    16,173       

the administrator shall follow the provisions specified in         16,174       

division (B)(1) of this section.                                   16,175       

      (C)  The administrator or the administrator's deputy shall   16,177       

promptly examine any application for determination of benefit      16,178       

rights filed, and on the basis of any facts found by the           16,179       

administrator or deputy shall determine whether or not the         16,180       

application is valid, and if valid, the date on which the benefit  16,181       

year shall commence and the weekly benefit amount.  The claimant,  16,183       

the most recent employer, and any other employer in the                         

claimant's base period shall promptly be notified of the           16,184       

determination and the reasons therefor.  In addition, the          16,185       

determination issued to the claimant shall include the total       16,186       

amount of benefits payable, and the determination issued to each   16,187       

chargeable base period employer shall include the total amount of  16,188       

benefits which may be charged to the employer's account.           16,189       

      (D)(1)  The administrator or the administrator's deputy      16,191       

shall examine the first claim for benefits filed in any benefit    16,192       

year, and any additional claim, and on the basis of any facts      16,193       

found by the administrator or deputy shall determine whether       16,194       

division (D) of section 4141.29 of the Revised Code is applicable  16,195       

to the claimant's most recent separation and, to the extent        16,196       

necessary, prior separations from work, and whether the            16,197       

separation reason is qualifying or disqualifying for the ensuing   16,198       

period of unemployment.  Notice of such determination shall be     16,199       

mailed to the claimant, the claimant's most recent employer, and   16,200       

any other employer involved in the determination.                  16,201       

      (a)  Whenever the administrator has reason to believe that   16,203       

the unemployment of twenty-five or more individuals relates to a   16,204       

                                                          393    

                                                                 
labor dispute, the administrator shall, within five calendar days  16,205       

after their claims are filed, schedule a hearing concerning the    16,206       

reason for unemployment.  Notice of the hearing shall be sent to   16,207       

all interested parties, including the duly authorized              16,208       

representative of the parties, as provided in division (D)(1) of   16,209       

this section.  The hearing date shall be scheduled so as to        16,210       

provide at least ten days' prior notice of the time and date of    16,211       

the hearing.  A similar hearing, in such cases, may be scheduled   16,212       

when there is a dispute as to the duration or ending date of the   16,213       

labor dispute.                                                     16,214       

      (b)  The administrator shall appoint a hearing officer to    16,216       

conduct the hearing of the case under division (D)(1)(a) of this   16,217       

section.  The hearing officer is not bound by common law or        16,218       

statutory rules of evidence or by technical or formal rules of     16,219       

procedure, but shall take any steps that are reasonable and        16,220       

necessary to obtain the facts and determine whether the claimants  16,221       

are entitled to benefits under the law.  The failure of any        16,222       

interested party to appear at the hearing shall not preclude a     16,223       

decision based upon all the facts available to the hearing         16,224       

officer.  The proceeding at the hearing shall be recorded by       16,225       

mechanical means or by other means prescribed by the               16,226       

administrator.  The record need not be transcribed unless an       16,227       

application for appeal is filed on the decision and the            16,228       

chairperson of the unemployment compensation review commission     16,230       

requests a transcript of the hearing within fourteen days after    16,231       

the application for appeal is received by the commission.  The     16,232       

administrator shall prescribe rules concerning the conduct of the  16,234       

hearings and all related matters and appoint an attorney to        16,235       

direct the operation of this function.                                          

      (c)  The administrator shall issue the hearing officer's     16,237       

decisions and reasons therefor on the case within ten calendar     16,238       

days after the hearing.  The hearing officer's decision issued by  16,239       

the administrator is final unless an application for appeal is     16,240       

filed with the review commission within twenty-one days after the  16,242       

                                                          394    

                                                                 
decision was mailed to all interested parties.  The administrator  16,243       

may, within the twenty-one-day appeal period, remove and vacate    16,244       

the decision and issue a revised determination and appeal date.    16,245       

      (d)  Upon receipt of the application for appeal, the full    16,247       

review commission shall review the administrator's decision and    16,249       

either schedule a further hearing on the case or disallow the      16,250       

application.  The review commission shall review the               16,251       

administrator's decision within fourteen days after receipt of     16,252       

the decision or the receipt of a transcript requested under        16,253       

division (D)(1)(b) of this section, whichever is later.            16,254       

      (i)  When a further hearing is granted, the commission       16,256       

shall make the administrator's decision and record of the case,    16,258       

as certified by the administrator, a part of the record and shall  16,259       

consider the administrator's decision and record in arriving at a  16,260       

decision on the case.  The commission's decision affirming,        16,262       

modifying, or reversing the administrator's decision, following    16,263       

the further appeal, shall be mailed to all interested parties      16,264       

within fourteen days after the hearing.                            16,265       

      (ii)  A decision of the disallowance of a further appeal     16,267       

shall be mailed to all interested parties within fourteen days     16,268       

after the commission makes the decision to disallow.  The          16,269       

disallowance is deemed an affirmation of the administrator's       16,271       

decision.                                                                       

      (iii)  The time limits specified in divisions (D)(1)(a),     16,273       

(b), (c), and (d) of this section may be extended by agreement of  16,274       

all interested parties or for cause beyond the control of the      16,275       

administrator or the commission.                                   16,276       

      (e)  An appeal of the commission's decision issued under     16,278       

division (D)(1)(d) of this section may be taken to the court of    16,279       

common pleas as provided in division (O) of this section.          16,280       

      (f)  A labor dispute decision involving fewer than           16,282       

twenty-five individuals shall be determined under division (D)(1)  16,283       

of this section and the review commission shall determine any      16,285       

appeal from the decision pursuant to division (M) of this section  16,286       

                                                          395    

                                                                 
and within the time limits provided in division (D)(1)(d) of this  16,287       

section.                                                           16,288       

      (2)  The administrator or the administrator's deputy shall   16,290       

also examine each continued claim for benefits filed, and on the   16,292       

basis of any facts found by the administrator or the               16,293       

administrator's deputy shall determine whether such claim shall    16,294       

be allowed.                                                        16,295       

      (a)  The determination of a first or additional claim,       16,297       

including the reasons therefor, shall be mailed to the claimant,   16,298       

the claimant's most recent employer, and any other employer        16,299       

involved in the determination.                                     16,300       

      (b)  When the determination of a continued claim results in  16,302       

a disallowed claim, the administrator shall notify the claimant    16,303       

of such disallowance and the reasons therefor.                     16,304       

      (3)  Where the claim for benefits is directly attributable   16,306       

to unemployment caused by a major disaster, as declared by the     16,307       

president of the United States pursuant to the "Disaster Relief    16,308       

Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual  16,309       

filing the claim would otherwise have been eligible for disaster   16,310       

unemployment assistance under that act, then upon application by   16,311       

the employer any benefits paid on the claim shall not be charged   16,312       

to the account of the employer who would have been charged on      16,313       

such claim but instead shall be charged to the mutualized account  16,314       

described in section 4141.25 of the Revised Code, provided that    16,315       

this division is not applicable to an employer electing            16,316       

reimbursing status under section 4141.241 of the Revised Code,     16,317       

except reimbursing employers for whom benefit charges are charged  16,318       

to the mutualized account pursuant to division (C) of section      16,319       

4141.33 of the Revised Code.                                       16,320       

      (4)(a)  An individual filing a new claim for unemployment    16,322       

compensation shall disclose, at the time of filing, whether or     16,323       

not the individual owes child support obligations.  In such a      16,324       

case, the administrator shall notify the state or local child      16,325       

support enforcement agency enforcing the obligation only if the    16,326       

                                                          396    

                                                                 
claimant has been determined to be eligible for unemployment       16,327       

compensation.                                                      16,328       

      (b)  The administrator shall deduct and withhold from        16,330       

unemployment compensation payable to an individual who owes child  16,331       

support obligations:                                               16,332       

      (i)  Any amount required to be deducted and withheld from    16,334       

the unemployment compensation pursuant to legal process, as that   16,335       

term is defined in section 462(e) 459(i)(5) of the "Social         16,336       

Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended BY THE     16,338       

"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT   16,340       

OF 1996," 100 STAT. 2105, 42 U.S.C. 659, and properly served upon  16,342       

the administrator, as described in division (D)(4)(c) of this      16,343       

section; or                                                                     

      (ii)  Where division (D)(4)(b)(i) of this section is         16,345       

inapplicable, in the amount determined pursuant to an agreement    16,346       

submitted to the administrator under section 454(20)(B)(i) of the  16,347       

"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,   16,348       

by the state or local child support enforcement agency; or         16,349       

      (iii)  If neither division (D)(4)(b)(i) nor (ii) of this     16,351       

section is applicable, then in the amount specified by the         16,352       

individual.                                                        16,353       

      (c)  The state department of human BUREAU OF EMPLOYMENT      16,355       

services shall be designated to receive all legal process          16,356       

described in division (D)(4)(b)(i) of this section from each       16,357       

local child support enforcement agency, which legal process was    16,358       

received ISSUED by the agency under section 2301.371 of the        16,360       

Revised Code or otherwise was received ISSUED by the agency.  The  16,361       

processing of cases under part D of Title IV of the "Social        16,362       

Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended,  16,363       

shall be determined pursuant to agreement between the              16,364       

administrator and the state department of human services.  The     16,365       

department shall pay, pursuant to that agreement, all of the       16,366       

costs of the bureau of employment services that are associated     16,367       

with a deduction and withholding under division (D)(4)(b)(i) of    16,368       

                                                          397    

                                                                 
this section.                                                                   

      (d)  The amount of unemployment compensation subject to      16,370       

being withheld pursuant to division (D)(4)(b) of this section is   16,371       

that amount which remains payable to the individual after          16,372       

application of any recoupment provisions for recovery of           16,373       

overpayments and after deductions which have been made under this  16,374       

chapter for deductible income received by the individual.          16,375       

EFFECTIVE FOR APPLICATIONS TO ESTABLISH UNEMPLOYMENT COMPENSATION  16,377       

BENEFIT RIGHTS FILED AFTER DECEMBER 27, 1997, THE AMOUNT WITHHELD  16,378       

WITH RESPECT TO A WEEK OF UNEMPLOYMENT BENEFITS SHALL NOT EXCEED   16,379       

FIFTY PER CENT OF THE INDIVIDUAL'S WEEKLY BENEFIT AMOUNT AS                     

DETERMINED BY THE ADMINISTRATOR.                                   16,380       

      (e)  Any amount deducted and withheld under division         16,382       

(D)(4)(b) of this section shall be paid to the appropriate state   16,383       

or local child support enforcement agency in the following         16,384       

manner:                                                                         

      (i)  The administrator shall determine the amounts that are  16,386       

to be deducted and withheld on a per county basis.                 16,387       

      (ii)  For each county, the administrator shall forward to    16,389       

the local child support enforcement agency of the county, at       16,391       

intervals to be determined pursuant to the agreement referred to   16,392       

in division (D)(4)(c) of this section, the amount determined for                

that county under division (D)(4)(e)(i) of this section for        16,393       

disbursement to the obligees or assignees of such support          16,394       

obligations.                                                       16,395       

      (f)  Any amount deducted and withheld under division         16,397       

(D)(4)(b) of this section shall for all purposes be treated as if  16,398       

it were paid to the individual as unemployment compensation and    16,399       

paid by the individual to the state or local child support agency  16,401       

in satisfaction of the individual's child support obligations.     16,402       

      (g)  Division (D)(4) of this section applies only if         16,404       

appropriate arrangements have been made for reimbursement by the   16,405       

state or local child support enforcement agency for the            16,407       

administrative costs incurred by the administrator under this      16,408       

                                                          398    

                                                                 
section which are associated with or attributable to child                      

support obligations being enforced by the state or local child     16,409       

support enforcement agency.                                        16,410       

      (h)  As used in division (D)(4) of this section:             16,412       

      (i)  "Child support obligations" means only obligations      16,414       

which are being enforced pursuant to a plan described in section   16,415       

454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654,    16,416       

as amended, which has been approved by the United States           16,417       

secretary of health and human services under part D of Title IV    16,418       

of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as     16,419       

amended.                                                           16,420       

      (ii)  "State child support enforcement agency" means the     16,422       

department of human services, bureau of child support, designated  16,423       

as the single state agency for the administration of the program   16,424       

of child support enforcement pursuant to part D of Title IV of     16,425       

the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as        16,426       

amended.                                                           16,427       

      (iii)  "Local child support enforcement agency" means the    16,429       

child support enforcement agency designated pursuant to section    16,430       

2301.35 of the Revised Code or any other agency of a political     16,431       

subdivision of the state operating pursuant to a plan mentioned    16,432       

in division (D)(4)(h)(i) of this section.                          16,433       

      (iv)  "Unemployment compensation" means any compensation     16,435       

payable under this chapter including amounts payable by the        16,436       

administrator pursuant to an agreement under any federal law       16,437       

providing for compensation, assistance, or allowances with         16,438       

respect to unemployment.                                           16,439       

      (E)(1)  Any base period or subsequent employer of a          16,441       

claimant who has knowledge of specific facts affecting such        16,442       

claimant's right to receive benefits for any week may notify the   16,443       

administrator in writing of such facts.  The administrator shall   16,444       

prescribe a form to be used for such eligibility notice, but       16,445       

failure to use the prescribed form shall not preclude the          16,446       

administrator's examination of any notice.                         16,447       

                                                          399    

                                                                 
      (2)  An eligibility notice is timely filed if received by    16,449       

the administrator or the administrator's deputy or postmarked      16,451       

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    16,452       

claimant.  An employer who does not timely file an eligibility     16,454       

notice shall not be an interested party with respect to the claim  16,455       

for benefits which is the subject of the notice.                                

      (3)  The administrator or the administrator's deputy shall   16,457       

consider the information contained in the eligibility notice,      16,458       

together with other facts found by the administrator or the        16,459       

administrator's deputy and, after giving notice to the notifying   16,460       

employer, if the employer timely filed the eligibility notice,     16,461       

and to the claimant, and other interested parties and informing    16,463       

them of their right to be present at a predetermination            16,464       

fact-finding interview, shall determine, unless a prior            16,467       

determination on the same eligibility issue has become final,      16,468       

whether such claim shall be allowed, and shall mail notice of      16,469       

such determination to the notifying employer who timely filed the  16,471       

eligibility notice, to the claimant, and to other interested       16,472       

parties.  If the determination disallows benefits for any week in  16,473       

question, the payment of benefits with respect to that week shall  16,475       

be withheld pending further appeal, or an overpayment order shall  16,476       

be issued by the administrator as prescribed in section 4141.35    16,477       

of the Revised Code, if applicable.                                16,478       

      (F)  In making determinations on applications for            16,480       

determination of benefit rights and claims for benefits, the       16,481       

administrator and the administrator's deputy shall follow          16,482       

decisions of the unemployment compensation review commission       16,484       

which have become final with respect to claimants similarly        16,486       

situated.                                                                       

      (G)(1)  Any interested party notified of a determination of  16,488       

an application for determination of benefit rights or a claim for  16,489       

benefits may, within twenty-one calendar days after the notice     16,490       

was mailed to the party's last known post-office address, apply    16,491       

                                                          400    

                                                                 
in writing for a reconsideration of the administrator's or         16,492       

deputy's determination.                                            16,493       

      (2)  Unless an application for reconsideration is filed      16,495       

within the twenty-one-day period, or within an extended period     16,496       

pursuant to division (R) of this section, such determination of    16,497       

the administrator or deputy is final, except that upon discovery,  16,498       

within the benefit year, of an error in an employer's report       16,499       

other than a report to correct remuneration information as         16,500       

provided in division (B) of this section or any typographical or   16,501       

clerical error in the administrator's determination or a decision  16,502       

on reconsideration, the administrator or the administrator's       16,503       

deputy shall issue a corrected determination or decision to all    16,505       

interested parties, which determination or decision shall take     16,506       

precedence over and void the prior determination or decision of    16,507       

the administrator or the administrator's deputy, provided no       16,508       

appeal has been filed with the commission.  If a request for       16,509       

reconsideration is filed within the twenty-one-day period, the     16,511       

administrator shall promptly consider such request and, after      16,512       

giving notice to the interested parties and informing them of      16,513       

their right to be present at a predetermination fact-finding       16,514       

interview, conducted as described in division (B) of this          16,515       

section, shall issue the decision to the interested parties;       16,516       

except that, if in the administrator's judgment the issues are     16,517       

such as to require a hearing, the administrator may refer any      16,518       

request for reconsideration to the commission as an appeal.        16,519       

      (3)  If benefits are allowed by the administrator in the     16,521       

initial determination or the decision on reconsideration, or in a  16,522       

decision by a referee, the review commission, or a court, the      16,524       

benefits shall be paid promptly, notwithstanding any further       16,525       

appeal, provided that if benefits are denied upon reconsideration  16,526       

or appeal, of which the parties have notice and an opportunity to  16,527       

be heard, the payment of benefits shall be withheld pending a      16,528       

decision on any further appeal.                                    16,529       

      (4)  Any benefits paid to a claimant under this section      16,531       

                                                          401    

                                                                 
prior to a final determination of the claimant's right to the      16,532       

benefits shall be charged to the employer's account as provided    16,534       

in division (D) of section 4141.24 of the Revised Code, provided   16,535       

that if there is no final determination of the claim by the        16,536       

subsequent thirtieth day of June, the employer's account will be   16,537       

credited with the total amount of benefits which has been paid     16,538       

prior to that date, based on the determination which has not       16,539       

become final.  The total amount credited to the employer's         16,540       

account shall be charged to a suspense account which shall be      16,541       

maintained as a separate bookkeeping account and administered as   16,542       

a part of section 4141.24 of the Revised Code, and shall not be    16,543       

used in determining the account balance of the employer for the    16,544       

purpose of computing the employer's contribution rate under        16,545       

section 4141.25 of the Revised Code.  If it is finally determined  16,546       

that the claimant is entitled to all or a part of the benefits in  16,547       

dispute, the suspense account shall be credited and the            16,548       

appropriate employer's account charged with the benefits.  If it   16,549       

is finally determined that the claimant is not entitled to all or  16,550       

any portion of the benefits in dispute, the benefits shall be      16,551       

credited to the suspense account and a corresponding charge made   16,552       

to the mutualized account established in division (D) of section   16,553       

4141.25 of the Revised Code, provided that, except as otherwise    16,554       

provided in this division, if benefits are chargeable to an        16,555       

employer or group of employers who is required or elects to make   16,556       

payments to the fund in lieu of contributions under section        16,557       

4141.241 of the Revised Code, the benefits shall be charged to     16,558       

the employer's account in the manner provided in division (D) of   16,559       

section 4141.24 and division (B) of section 4141.241 of the        16,560       

Revised Code, and no part of the benefits may be charged to the    16,561       

suspense account provided in this division.  To the extent that    16,562       

benefits which have been paid to a claimant and charged to the     16,563       

employer's account are found not to be due the claimant and are    16,564       

recovered by the administrator as provided in section 4141.35 of   16,565       

the Revised Code, they shall be credited to the employer's         16,566       

                                                          402    

                                                                 
account.                                                                        

      (H)  Any interested party may appeal the administrator's     16,568       

decision on reconsideration to the commission and unless an        16,570       

appeal is filed from such decision on reconsideration with the     16,571       

commission within twenty-one calendar days after such decision     16,573       

was mailed to the last known post-office address of the            16,574       

appellant, or within an extended period pursuant to division (R)   16,575       

of this section, such decision on reconsideration is final and     16,576       

benefits shall be paid or denied in accordance therewith.          16,577       

      (I)  Requests for reconsideration, appeals, or applications  16,579       

for further appeals may be filed with the commission, with the     16,581       

administrator or one of the administrator's deputies, with an      16,582       

employee of another state or federal agency, or with an employee   16,584       

of the unemployment insurance commission of Canada charged with    16,585       

the duty of accepting claims.                                      16,586       

      (1)  Any timely written notice stating that the interested   16,588       

party desires a review of the previous determination or decision   16,589       

and the reasons therefor, shall be accepted.                       16,590       

      (2)  The administrator, commission, or authorized agent      16,592       

must receive the request, appeal, or application within the        16,594       

specified appeal period in order for the request, appeal, or       16,595       

application to be deemed timely filed, except that:                16,596       

      (a)  If the United States postal service is used as the      16,598       

means of delivery, the enclosing envelope must have a postmark     16,599       

date, as governed by United States postal regulations, that is on  16,600       

or before the last day of the specified appeal period; and         16,601       

      (b)  Where the postmark date is illegible or missing, the    16,603       

request, appeal, or application is timely filed if received no     16,604       

later than the end of the third calendar day following the last    16,605       

day of the specified appeal period.                                16,606       

      (J)  When an appeal from a decision on reconsideration of    16,608       

the administrator or deputy is taken, all interested parties       16,609       

shall be notified and the commission or a referee shall, after     16,611       

affording such parties reasonable opportunity for a fair hearing,  16,612       

                                                          403    

                                                                 
affirm, modify, or reverse the findings of fact and the decision   16,613       

of the administrator or deputy in the manner which appears just    16,614       

and proper.  In the conduct of such hearing or any other hearing   16,615       

on appeal to the commission which is provided in this section,     16,617       

the commission and the referees are not bound by common law or     16,618       

statutory rules of evidence or by technical or formal rules of     16,619       

procedure.  The commission and the referees shall take any steps   16,620       

in the hearings, consistent with the impartial discharge of their  16,622       

duties, which appear reasonable and necessary to ascertain the     16,623       

facts and determine whether the claimant is entitled to benefits   16,624       

under the law.  For the purpose of any hearing on appeal which is  16,625       

provided in this section, the file of the administrator            16,626       

pertaining to the case shall be certified by the administrator     16,627       

and shall automatically become a part of the record in the appeal  16,628       

hearing. All information in the file which pertains to the claim,  16,629       

including statements made to the administrator or the              16,630       

administrator's deputy by the individual claiming benefits or      16,632       

other interested parties, shall be considered by the commission    16,633       

and the referees in arriving at a decision, together with any      16,635       

other information which is produced at the hearing.  The           16,636       

commission and referees may conduct any such hearing in person or  16,638       

by telephone.  The commission shall adopt rules which designate    16,640       

the circumstances under which the commission or referees may       16,642       

conduct a hearing by telephone, grant a party to the hearing the   16,643       

opportunity to object to a hearing by telephone, and govern the    16,644       

conduct of hearings by telephone.  An interested party whose       16,645       

hearing would be by telephone pursuant to the commission rules     16,646       

may elect to have an in-person hearing, provided that the party    16,647       

electing the in-person hearing agrees to have the hearing at the   16,648       

time and place the commission determines pursuant to rule.         16,649       

      (1)  The failure of the claimant or other interested party   16,651       

to appear at a hearing, unless the claimant or interested party    16,652       

is the appealing party, shall not preclude a decision in the       16,654       

claimant's or interested party's favor, if on the basis of all     16,655       

                                                          404    

                                                                 
the information in the record, including that contained in the     16,656       

file of the administrator, the claimant or interested party is     16,657       

entitled to the decision.                                          16,658       

      (2)  If the party appealing fails to appear at the hearing,  16,660       

the referee or the commission shall dismiss the appeal, provided   16,662       

that the referee or commission shall vacate the dismissal upon a   16,664       

showing that due notice of the hearing was not mailed to such      16,665       

party's last known address or good cause for the failure to        16,666       

appear is shown to the referee or the commission within fourteen   16,667       

days after the hearing date.  No further appeal from the decision  16,669       

may thereafter be instituted by such party.  If the other party    16,670       

fails to appear at the hearing, the referee or the commission      16,671       

shall proceed with the hearing and shall issue a decision without  16,673       

further hearing, provided that the referee or commission shall     16,674       

vacate the decision upon a showing that due notice of the hearing  16,676       

was not mailed to such party's last known address or good cause    16,677       

for such party's failure to appear is shown to the referee or the  16,678       

commission within fourteen days after the hearing date.            16,680       

      (3)  Where a party requests that a hearing be scheduled in   16,682       

the evening because the party is employed during the day, the      16,683       

commission or referee shall schedule the hearing during such       16,685       

hours as the party is not employed.                                16,686       

      (K)  The proceedings at the hearing before the referee, or   16,688       

the commission, shall be recorded by mechanical means or           16,689       

otherwise as may be prescribed by the commission.  Unless the      16,691       

claim is further appealed, such record of proceedings need not be  16,693       

transcribed.                                                                    

      (L)  All interested parties shall be notified of the         16,695       

referee's decision, which shall include the reasons therefor.      16,696       

The referee's decision shall become final unless, within           16,697       

twenty-one days after the decision was mailed to the last known    16,698       

post-office address of such parties, or within an extended period  16,699       

pursuant to division (R) of this section, the commission on its    16,701       

own motion removes or transfers such claim to itself or an         16,702       

                                                          405    

                                                                 
application to institute a further appeal before the commission    16,704       

is filed by any interested party and such appeal is allowed by     16,705       

the commission.                                                    16,706       

      (M)  When any claim is removed or transferred to the         16,708       

commission on its own motion, or when an application to institute  16,710       

a further appeal is allowed by the commission, the commission      16,712       

shall review the decision of the referee and shall either affirm,  16,713       

modify, or reverse such decision.  Before rendering its decision,  16,714       

the commission may remand the case to the referee for further      16,716       

proceedings.  When the commission disallows an application to      16,717       

institute a further appeal, or renders its decision affirming,     16,719       

modifying, or reversing the decision of the referee, all           16,720       

interested parties shall be notified of such decision or order by  16,721       

mail addressed to the last known post-office address of such       16,722       

parties.  A disallowance by the commission of an application for   16,724       

further appeal shall be deemed an affirmation by the commission    16,725       

of the referee's decision under appeal.                            16,726       

      (N)  Whenever the administrator and the chairperson of the   16,728       

review commission determine in writing and certify jointly that a  16,730       

controversy exists with respect to the proper application of this  16,731       

chapter to more than five hundred claimants similarly situated     16,732       

whose claims are pending before the administrator or the review    16,734       

commission or both on reconsideration or appeal applied for or                  

filed by three or more employers or by such claimants, the         16,736       

chairperson of the review commission shall select one such claim   16,738       

which is representative of all such claims and assign it for a     16,740       

fair hearing and decision.  Any other claimant or employer in the  16,741       

group who makes a timely request to participate in the hearing     16,742       

and decision shall be given a reasonable opportunity to            16,743       

participate as a party to the proceeding.                          16,744       

      Such joint certification by the administrator and the        16,746       

chairperson of the commission shall constitute a stay of further   16,748       

proceedings in the claims of all claimants similarly situated      16,749       

until the issue or issues in controversy are adjudicated by the    16,750       

                                                          406    

                                                                 
supreme court of Ohio.  At the time the decision of the            16,751       

commission is issued, the chairperson shall certify the            16,753       

commission's decision directly to the supreme court of Ohio and    16,756       

the chairperson shall file with the clerk of the supreme court a   16,758       

certified copy of the transcript of the proceedings before the     16,759       

commission pertaining to such decision.  Hearings on such issues   16,761       

shall take precedence over all other civil cases.  If upon         16,762       

hearing and consideration of such record the court decides that    16,763       

the decision of the commission is unlawful, the court shall        16,765       

reverse and vacate the decision or modify it and enter final       16,766       

judgment in accordance with such modification; otherwise such      16,767       

court shall affirm such decision.  The notice of the decision of   16,768       

the commission to the interested parties shall contain a           16,770       

certification by the chairperson of the commission that the        16,771       

decision is of great public interest and that a certified          16,773       

transcript of the record of the proceedings before the commission  16,774       

has been filed with the clerk of the supreme court as an appeal    16,776       

to the court.  Promptly upon the final judgment of the court, the  16,777       

administrator and the commission shall decide those claims         16,778       

pending before them where the facts are similar and shall notify   16,780       

all interested parties of such decision and the reason therefor    16,781       

in the manner provided for in this section.  Nothing in this       16,782       

division shall be construed so as to deny the right of any such    16,783       

claimant, whose claim is pending before the administrator on       16,784       

reconsideration or before the commission, to apply for and be      16,786       

granted an opportunity for a fair hearing to show that the facts   16,787       

in the claimant's case are different from the facts in the claim   16,788       

selected as the representative claim as provided in this           16,789       

division, nor shall any such claimant be denied the right to                    

appeal the decision of the administrator or the commission which   16,790       

is made as a result of the decision of the court in the            16,792       

representative case.                                                            

      (O)(1)  Any interested party as defined in division (I) of   16,794       

section 4141.01 of the Revised Code, within thirty days after      16,795       

                                                          407    

                                                                 
notice of the decision of the commission was mailed to the last    16,797       

known post-office address of all interested parties, may appeal    16,798       

from the decision of the commission to the court of common pleas   16,800       

of the county where the appellant, if an employee, is resident or  16,801       

was last employed or of the county where the appellant, if an      16,802       

employer, is resident or has the principal place of business in    16,803       

this state.  The commission shall provide on its decision the      16,805       

names and addresses of all interested parties.  Such appeal shall  16,806       

be taken within such thirty days by the appellant by filing a      16,807       

notice of appeal with the clerk of the court of common pleas.      16,808       

Such filing shall be the only act required to perfect the appeal   16,809       

and vest jurisdiction in the court.  Failure of an appellant to    16,810       

take any step other than timely filing of a notice of appeal does  16,811       

not affect the validity of the appeal, but is grounds only for     16,812       

such action as the court deems appropriate, which may include      16,813       

dismissal of the appeal.  Such notice of appeal shall set forth    16,814       

the decision appealed from.  The appellant shall mail a copy of    16,815       

the notice of appeal to the commission and to all interested       16,817       

parties by certified mail to their last known post-office address  16,818       

and proof of the mailing of the notice shall be filed with the     16,819       

clerk within thirty days of filing the notice of appeal.  All      16,820       

interested parties shall be made appellees.  The commission upon   16,822       

receipt of the notice of appeal shall within thirty days file      16,823       

with the clerk a certified transcript of the record of the         16,824       

proceedings before the commission pertaining to the decision       16,826       

complained of, and mail a copy of the transcript to the            16,827       

appellant's attorney or to the appellant, if not represented by    16,828       

counsel.  The appellant shall file a statement of the assignments  16,829       

of error presented for review within sixty days of the filing of   16,830       

the notice of appeal with the court.  The appeal shall be heard    16,831       

upon such record certified by the commission.  After an appeal     16,833       

has been filed in the court, the commission may, by petition, be   16,835       

made a party to such appeal.  If the court finds that the          16,836       

decision was unlawful, unreasonable, or against the manifest       16,837       

                                                          408    

                                                                 
weight of the evidence, it shall reverse and vacate such decision  16,838       

or it may modify such decision and enter final judgment in         16,839       

accordance with such modification; otherwise such court shall      16,840       

affirm such decision.  Any interested party shall have the right   16,841       

to appeal from the decision of the court as in civil cases.        16,842       

      (2)  If an appeal is filed after the thirty-day appeal       16,844       

period established in division (O)(1) of this section, the court   16,845       

of common pleas shall conduct a hearing to determine whether the   16,846       

appeal was timely filed pursuant to division (R) of this section.  16,847       

At the hearing, additional evidence may be introduced and oral     16,848       

arguments may be presented regarding the timeliness of the filing  16,849       

of the appeal.  If the court of common pleas determines that the   16,850       

time for filing the appeal is extended as provided in division     16,851       

(R) of this section and that the appeal was filed within the       16,852       

extended time provided in that division, the court shall           16,853       

thereafter make its decision on the merits of the appeal.  If the  16,854       

court of common pleas determines that the time for filing the      16,855       

appeal may not be extended as provided in division (R) of this     16,856       

section, the court shall dismiss the appeal accordingly.  The      16,857       

determination on timeliness by the court of common pleas may be    16,858       

appealed to the court of appeals as in civil cases, and such       16,859       

appeal shall be consolidated with any appeal from the decision by  16,860       

the court of common pleas on the merits of the appeal.             16,861       

      (P)  Any application for reconsideration, any appeal from a  16,863       

decision on reconsideration of the determination of the            16,864       

administrator, application to institute a further appeal, and any  16,865       

notice of intention to appeal the decision or order of the         16,866       

commission to a court of common pleas may be executed in behalf    16,868       

of any party or any group of claimants by an agent.                16,869       

      (Q)(1)  The administrator, the administrator's deputy, the   16,871       

referee, the review commission, or the court that has the          16,872       

authority or jurisdiction pursuant to this section to hear an      16,874       

application for reconsideration or an appeal that is timely filed  16,875       

shall render a decision on the application for reconsideration or  16,876       

                                                          409    

                                                                 
the appeal and upon any further application for reconsideration    16,877       

or appeal that is timely filed, whether or not the claimant meets  16,878       

the able to work, available for suitable work, or the actively     16,879       

seeking work requirements of division (A)(4)(a) of section         16,880       

4141.29 of the Revised Code, if all of the following apply:        16,881       

      (a)  The claimant's claim for benefits is allowed or denied  16,883       

upon initial determination by the administrator or the             16,884       

administrator's deputy or upon reconsideration, review, or appeal  16,886       

by a decision of the administrator, the administrator's deputy, a  16,887       

referee, the review commission, or a court.                        16,888       

      (b)  After the claim is allowed or disallowed, the claimant  16,890       

is subjected to criminally injurious conduct, as defined in        16,891       

section 2743.51 of the Revised Code.                               16,892       

      (c)  Pursuant to this section, any interested party timely   16,894       

applies for reconsideration, or timely files an appeal, of the     16,895       

determination or decision.                                         16,896       

      (d)  The claimant files an application for an award of       16,898       

reparations pursuant to sections 2743.51 to 2743.72 of the         16,899       

Revised Code, for the loss of unemployment benefits.               16,900       

      (2)  Any decision that is rendered pursuant to division      16,902       

(Q)(1) of this section when a claimant fails to meet the able to   16,903       

work, available for suitable work, or the actively seeking work    16,904       

requirements of division (A)(4)(a) of section 4141.29 of the       16,905       

Revised Code shall apply only for the purposes of any claim for    16,906       

an award of reparations filed pursuant to sections 2743.51 to      16,907       

2743.72 of the Revised Code and shall not enable a claimant who    16,908       

does not meet the able to work, available for suitable work, or    16,909       

the actively seeking work requirements of division (A)(4)(a) of    16,910       

section 4141.29 of the Revised Code to obtain any benefits         16,911       

pursuant to this chapter.                                          16,912       

      (R)  The time for filing a request for reconsideration, an   16,914       

appeal, an application to institute further appeal, or a court     16,915       

appeal, under division (G), (H), (L), or (O) of this section       16,916       

shall be extended as follows:                                      16,917       

                                                          410    

                                                                 
      (1)  When the last day of an appeal period is a Saturday,    16,919       

Sunday, or legal holiday, the appeal period is extended to the     16,920       

next work day after the Saturday, Sunday, or legal holiday; or     16,921       

      (2)  When an interested party provides certified medical     16,923       

evidence stating that the interested party's physical condition    16,924       

or mental capacity prevented the interested party from filing a    16,925       

request for reconsideration, an appeal, or an application to       16,926       

institute further appeal pursuant to division (G), (H), or (L) of  16,927       

this section within the appropriate twenty-one-day period, the     16,928       

appeal period is extended to twenty-one days after the end of the  16,929       

physical or mental condition and the request, appeal, or           16,930       

application is considered timely filed if filed within that        16,931       

extended period;                                                   16,932       

      (3)  When an interested party provides evidence, which       16,934       

evidence may consist of testimony from the interested party, that  16,935       

is sufficient to establish that the party did not actually         16,936       

receive the determination or decision within the applicable        16,938       

appeal period pursuant to division (G), (H), or (L) of this        16,939       

section, and the administrator or the commission finds that the    16,940       

interested party did not actually receive the determination or     16,942       

decision within the applicable appeal period, then the appeal      16,943       

period is extended to twenty-one days after the interested party   16,944       

actually receives the determination or decision.                   16,945       

      (4)  When an interested party provides evidence, which       16,947       

evidence may consist of testimony from the interested party, that  16,948       

is sufficient to establish that the party did not actually         16,949       

receive a decision within the thirty-day appeal period provided    16,950       

in division (O)(1) of this section, and a court of common pleas    16,951       

finds that the interested party did not actually receive the       16,952       

decision within that thirty-day appeal period, then the appeal     16,953       

period is extended to thirty days after the interested party       16,954       

actually receives the decision.                                    16,955       

      (S)  No finding of fact or law, decision, or order of the    16,957       

administrator, referee, or the review commission, or a reviewing   16,959       

                                                          411    

                                                                 
court pursuant to this section, shall be given collateral          16,960       

estoppel or res judicata effect in any separate or subsequent      16,961       

judicial, administrative, or arbitration proceeding, other than a  16,962       

proceeding arising under this chapter.                             16,963       

      Sec. 5101.31.  (A)  As used in this section:                 16,972       

      (1)  "CABLE TELEVISION SERVICE" HAS THE SAME MEANING AS IN   16,974       

SECTION 2913.01 OF THE REVISED CODE.                               16,975       

      (2)  "Child support enforcement agency" means an agency      16,977       

designated as a child support enforcement agency under section     16,978       

2301.25 of the Revised Code.                                       16,979       

      (2)(3)  "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN     16,981       

SECTION 2301.373 OF THE REVISED CODE.                              16,982       

      (4)  "FINANCIAL INSTITUTION" HAS THE SAME MEANING AS IN      16,984       

SECTION 3113.21 OF THE REVISED CODE.                               16,985       

      (5)  "Law enforcement entity" means a public entity that     16,987       

employs a law enforcement officer.                                 16,988       

      (6)  "OBLIGOR" AND "OBLIGEE" HAVE THE SAME MEANINGS AS IN    16,991       

SECTION 3113.21 OF THE REVISED CODE.                               16,992       

      (7)  "PUBLIC UTILITY" MEANS A PERSON OR ENTITY, INCLUDING    16,994       

AN ENTITY OWNED OR OPERATED BY A MUNICIPAL CORPORATION OR OTHER    16,995       

GOVERNMENT ENTITY, THAT IS DESCRIBED IN DIVISION (A) OF SECTION    16,997       

4905.03 OF THE REVISED CODE AS A TELEPHONE COMPANY, ELECTRIC       17,000       

LIGHT COMPANY, GAS COMPANY, NATURAL GAS COMPANY, WATER-WORKS       17,001       

COMPANY, HEATING OR COOLING COMPANY, OR SEWAGE DISPOSAL SYSTEM     17,002       

COMPANY, OR THAT IS PROVIDING CABLE TELEVISION SERVICE.            17,003       

      (8)  "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION      17,005       

2301.34 OF THE REVISED CODE.                                       17,007       

      (B)  The division of child support is hereby created in the  17,010       

department of human services.  The division shall establish and    17,011       

administer a program of child support enforcement, which program   17,012       

shall meet the requirements of Title IV-D of the "Social Security  17,013       

Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any     17,014       

rules promulgated under Title IV-D.  The program of child support  17,015       

enforcement shall include, but not be limited to, the location of  17,016       

                                                          412    

                                                                 
absent parents, the establishment of parentage, the establishment  17,017       

and modification of child support orders and medical support       17,018       

orders, the enforcement of support orders, and the collection of   17,019       

support obligations.                                                            

      AS PART OF ITS EFFORTS TO ESTABLISH PARENTAGE, THE DIVISION  17,021       

SHALL DEVELOP A PROGRAM TO PUBLICIZE THE STATE PROCEDURES FOR      17,022       

ESTABLISHING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP AND  17,023       

THE ADVANTAGES OF ESTABLISHING SUCH A RELATIONSHIP.  THE DIVISION  17,024       

MAY REQUIRE ANY BOARD, COMMISSION, OR AGENCY OF THE STATE TO       17,025       

PARTICIPATE IN THE PUBLICITY PROGRAM.                                           

      The department shall charge an application fee of up to      17,027       

twenty-five dollars, as determined by rule adopted by the          17,028       

department pursuant to Chapter 119. of the Revised Code, for       17,029       

furnishing services under Title IV-D of the "Social Security       17,030       

Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons  17,031       

not receiving aid to dependent children.  The department shall     17,032       

adopt rules pursuant to Chapter 119. of the Revised Code           17,033       

authorizing counties, at their option, to waive the payment of     17,034       

the fee.  The application fee, unless waived pursuant to rules     17,035       

adopted by the department pursuant to this section, shall be paid  17,036       

by those persons.                                                  17,037       

      (C)  The division of child support shall establish, by rule  17,039       

adopted pursuant to Chapter 119. of the Revised Code, a program    17,040       

of spousal support enforcement in conjunction with child support   17,041       

enforcement.  The program shall conform, to the extent             17,042       

practicable, to the program for child support enforcement          17,043       

established pursuant to division (B) of this section.              17,044       

      (D)  The department of human services shall enter into an    17,046       

agreement with the secretary of health and human services, as      17,047       

authorized by the "Parental Kidnapping Prevention Act of 1980,"    17,048       

94 Stat. 3572, 42 U.S.C. 663, as amended, under which the          17,049       

services of the parent locater service established pursuant to     17,050       

Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42  17,051       

U.S.C. 651, as amended, shall be made available to this state for  17,052       

                                                          413    

                                                                 
the purpose of determining the whereabouts of any absent parent    17,053       

or child in order to enforce a law with respect to the unlawful    17,054       

taking or restraint of a child, or to make or enforce a            17,055       

determination as to the allocation, between the parents of a       17,056       

child, of the parental rights and responsibilities for the care    17,057       

of a child and the designation of the residential parent and       17,058       

legal custodian of a child or otherwise as to the custody of a     17,059       

child.                                                             17,060       

      (E)  The division of child support shall not use any social  17,062       

security number made available to it under section 3705.07 of the  17,063       

Revised Code for any purpose other than child support              17,064       

enforcement.                                                       17,065       

      (F)(1)  Except as provided by the rules adopted pursuant to  17,067       

this division (F)(2) OF THIS SECTION, no person shall disclose DO  17,069       

EITHER OF THE FOLLOWING:                                                        

      (a)  DISCLOSE information concerning applicants for and      17,071       

recipients of Title IV-D support enforcement program services      17,073       

provided by a child support enforcement agency;                    17,074       

      (b)  DISCLOSE ANY INFORMATION COLLECTED PURSUANT TO          17,076       

DIVISION (G) OF THIS SECTION.  The department of human services    17,077       

      (2)  THE DIVISION OF CHILD SUPPORT shall adopt rules         17,079       

governing access to, and use and disclosure of, THE information    17,081       

concerning applicants for and recipients of Title IV-D support     17,083       

enforcement program services provided by a child support                        

enforcement agency DESCRIBED IN DIVISION (F)(1) OF THIS SECTION.   17,085       

The rules shall be consistent with the requirements of Title IV-D  17,086       

of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.                   

651, as amended, and any rules adopted under Title IV-D.           17,087       

      (G)(1)  Except as provided in division (G)(2)(4) of this     17,090       

section, the department of human services THE DIVISION OF CHILD                 

SUPPORT shall have access to any ALL OF THE FOLLOWING UNLESS       17,092       

RELEASE OF THE INFORMATION IS PROHIBITED BY FEDERAL OR STATE LAW:  17,093       

      (a)  ANY information in the possession of any officer,       17,095       

board, commission, or agency ENTITY of the state OR ANY POLITICAL  17,098       

                                                          414    

                                                                 
SUBDIVISION OF THE STATE that would aid the department DIVISION    17,099       

in locating an absent parent or child pursuant to division (D) of  17,101       

this section, unless release of the information is prohibited by   17,102       

federal law;                                                                    

      (b)  ANY INFORMATION CONCERNING THE EMPLOYMENT,              17,104       

COMPENSATION, AND BENEFITS OF ANY OBLIGOR OR OBLIGEE SUBJECT TO A  17,106       

SUPPORT ORDER IN THE POSSESSION OF ANY PERSON;                                  

      (c)  THE NAME AND ADDRESS OF ANY OBLIGOR OR OBLIGEE SUBJECT  17,109       

TO A SUPPORT ORDER AND THE OBLIGOR'S OR OBLIGEE'S EMPLOYER IN THE  17,110       

CUSTOMER RECORDS OF A PUBLIC UTILITY;                                           

      (d)  ANY INFORMATION CONCERNING ANY OBLIGOR OR OBLIGEE       17,113       

SUBJECT TO A SUPPORT ORDER IN THE POSSESSION OF A FINANCIAL        17,114       

INSTITUTION.                                                                    

      (2)  The department of taxation, the bureau of motor         17,116       

vehicles, and a law enforcement entity shall provide information   17,117       

the division of child support requests from the department,        17,118       

bureau, or entity that will enable the division to locate a        17,119       

parent the division or a child support enforcement agency is       17,120       

seeking pursuant to child support enforcement activities.  The     17,121       

department, bureau, PERSON or entity REQUIRED TO PROVIDE           17,122       

INFORMATION PURSUANT TO DIVISION (G)(1) OF THIS SECTION, may       17,124       

provide such information to a child support enforcement agency at  17,125       

the agency's request or require the agency to request that the     17,126       

division of child support request the information for the agency.  17,127       

The division shall request the information from the department,    17,128       

bureau, PERSON or entity on the request of a child support         17,130       

enforcement agency.                                                             

      The only information the department shall provide the        17,132       

division or an agency under this section is the name and address   17,133       

of a parent the division or agency is seeking.  The information    17,134       

the bureau or entity shall provide to the division or an agency    17,135       

under this section is the information Title IV-D of the "Social    17,136       

Security Act" requires the division or agency be able to receive.  17,137       

      The division or agency shall reimburse the department,       17,139       

                                                          415    

                                                                 
bureau, or entity for the cost of providing the information.  If   17,141       

the division requests the information for an agency, the agency    17,142       

shall reimburse the division for reimbursing the department,       17,143       

bureau, or entity.                                                              

      (3)  AN OFFICER OR ENTITY OF THE STATE OR POLITICAL          17,145       

SUBDIVISION OF THE STATE OR ANY OTHER PERSON WHO PROVIDES          17,147       

INFORMATION PURSUANT TO THIS DIVISION, AND A FINANCIAL             17,148       

INSTITUTION THAT PROVIDES INFORMATION PURSUANT TO AN AGREEMENT     17,149       

ENTERED INTO PURSUANT TO SECTION 5101.315 OF THE REVISED CODE TO   17,151       

THE DIVISION OF CHILD SUPPORT SHALL NOT BE SUBJECT TO CRIMINAL OR  17,152       

CIVIL LIABILITY FOR PROVIDING THE INFORMATION.                     17,153       

      (4)(a)  THE DEPARTMENT OF TAXATION SHALL NOT PROVIDE ANY     17,156       

INFORMATION TO THE DIVISION, EXCEPT AS PROVIDED IN DIVISION        17,157       

(G)(4) OF THIS SECTION.  FOR PURPOSES OF THE ESTABLISHMENT OF      17,158       

PATERNITY, THE ESTABLISHMENT, MODIFICATION, OR ENFORCEMENT OF      17,159       

SUPPORT ORDERS, AND THE LOCATION OF ABSENT PARENTS PURSUANT TO     17,160       

CHILD SUPPORT ENFORCEMENT ACTIVITIES, THE DIVISION OF CHILD        17,161       

SUPPORT IS AUTHORIZED TO HAVE ACCESS TO INFORMATION CONCERNING     17,162       

THE RESIDENTIAL ADDRESS, EMPLOYER, INCOME, AND ASSETS OF           17,163       

TAXPAYERS IF THAT INFORMATION IS CONTAINED IN THE STATE TAX        17,164       

RECORDS MAINTAINED BY THE DEPARTMENT.  THE DIVISION SHALL          17,165       

REIMBURSE THE DEPARTMENT FOR THE COST OF ACCESS TO, AND                         

OBTAINMENT OF, THE INFORMATION DESCRIBED IN DIVISION (G)(4)(a) OF  17,167       

THIS SECTION.                                                      17,168       

      (b)  THE DEPARTMENT OF TAXATION OR ITS OFFICERS AND          17,170       

EMPLOYEES SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR  17,171       

PROVIDING ACCESS TO THE INFORMATION DESCRIBED IN DIVISION          17,173       

(G)(4)(a) OF THIS SECTION.  THE INFORMATION OBTAINED PURSUANT TO   17,174       

DIVISION (G)(4)(a) OF THIS SECTION IS SUBJECT TO THE               17,176       

NONDISCLOSURE REQUIREMENTS OF DIVISION (F) OF THIS SECTION.        17,177       

      (5)  NO PERSON OR ENTITY, OTHER THAN AN OFFICER OR ENTITY    17,180       

OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, SHALL FAIL   17,183       

TO PROVIDE INFORMATION AS REQUIRED BY DIVISION (G)(1) OR (2) OF    17,184       

THIS SECTION.  A PERSON OR ENTITY THAT FAILS TO PROVIDE THE        17,186       

                                                          416    

                                                                 
INFORMATION SHALL BE FINED FIVE HUNDRED DOLLARS.  THE DEPARTMENT   17,187       

OF HUMAN SERVICES SHALL FILE AN ACTION IN THE COURT OF COMMON      17,188       

PLEAS OF FRANKLIN COUNTY, REQUESTING THAT THE COURT IMPOSE THE     17,190       

FINE FOR FAILURE TO PROVIDE THE INFORMATION.  IF THE COURT         17,191       

DETERMINES THAT THE PERSON OR ENTITY FAILED TO PROVIDE THE         17,192       

INFORMATION, IT SHALL IMPOSE THE FINE.  THE COURT SHALL DIRECT     17,193       

THAT THE FINE BE PAID TO THE DEPARTMENT OF HUMAN SERVICES.         17,195       

      Sec. 5101.311.  (A)  If the division of child support in     17,205       

the department of human services receives notification of the      17,206       

issuance of a court or administrative support order from a child   17,207       

support enforcement agency or a court pursuant to section          17,208       

2301.351 of the Revised Code, the division shall enter the         17,209       

notification in an alphabetical index of court and administrative  17,210       

support orders it maintains under the last name of the person who  17,211       

is required to make the support payments under the support order.  17,212       

An entry in the index of support orders shall include the name of  17,213       

the person required to make the support payments under the         17,214       

support order, the address and the social security number or       17,215       

other identification number provided for that person, whether a    17,216       

child support enforcement agency is administering the support      17,217       

order, and the county in which the court that issued the support   17,218       

order is located.                                                  17,219       

      (B)  Any consumer reporting agency may contact the division  17,221       

of child support and request information as to whether a           17,222       

specified person is required to pay support under a court or       17,223       

administrative support order.  The request shall include the       17,224       

person's name, the person's address and social security or other   17,225       

identification number, if known, and any other identifying         17,226       

information relative to the person that is known by the agency,    17,227       

and shall be accompanied by the fee adopted by the director of     17,228       

human services under division (C) of this section.  Upon receipt   17,230       

of the request and the payment of the fee, the division shall                   

review the index of support orders that CASE REGISTRY it           17,231       

maintains PURSUANT TO SECTION 5101.319 OF THE REVISED CODE to      17,232       

                                                          417    

                                                                 
determine if an entry has been made in the name of the person IS   17,233       

REQUIRED TO PAY SUPPORT UNDER A COURT OR ADMINISTRATIVE SUPPORT    17,234       

ORDER.                                                                          

      If the division, upon conducting its review, determines      17,236       

that an entry in the name of the person is included in the index   17,237       

CASE REGISTRY, it shall provide the consumer reporting agency      17,239       

with a report that sets forth the name of the person who is the    17,240       

subject of the request, a statement that the person is required    17,241       

to make support payments under one or more court or                17,242       

administrative support orders, the name of the courts or child     17,243       

support enforcement agencies that issued the support orders, the   17,244       

counties in which those courts or agencies are located, and        17,245       

whether any of the support orders is being administered by a       17,246       

child support enforcement agency.                                  17,247       

      (C)  The director of human services, by rule, shall          17,249       

prescribe a reasonable fee that must be paid by a consumer         17,250       

reporting agency upon the making of a request for information      17,251       

under division (A) of this section.  The fee prescribed under      17,252       

this division shall not exceed the average actual cost             17,253       

experienced by the division of child support in performing the     17,254       

duties imposed upon it by this section.                            17,255       

      (D)(B)  As used in this section, "consumer reporting         17,257       

agency" means any person that, for monetary fees, dues, or on a    17,258       

cooperative nonprofit basis, regularly engages in whole or in      17,259       

part in the practice of assembling or evaluating consumer credit   17,260       

information or other information on consumers for the purpose of   17,261       

furnishing consumer reports to third parties and that uses any     17,262       

means or facility of interstate commerce for the purpose of        17,263       

preparing or furnishing consumer reports.                          17,264       

      Sec. 5101.312.  (A)  As used in this section:                17,273       

      (1)  "Child support SUPPORT order" has the same meaning as   17,275       

in section 2301.373 2301.34 of the Revised Code.                   17,276       

      (2)  "EMPLOYEE" DOES NOT INCLUDE AN INDIVIDUAL PERFORMING    17,278       

INTELLIGENCE OR COUNTERINTELLIGENCE FUNCTIONS FOR A STATE AGENCY,  17,280       

                                                          418    

                                                                 
IF THE HEAD OF THE AGENCY HAS DETERMINED THAT REPORTING PURSUANT   17,281       

TO THIS SECTION COULD ENDANGER THE SAFETY OF THE EMPLOYEE OR       17,282       

COMPROMISE AN ONGOING INVESTIGATION OR INTELLIGENCE MISSION.       17,283       

      (3)  "Employer" means any employer with twenty-five or more  17,285       

employees, except "employer" also means an employer with fewer     17,286       

than twenty-five employees if the employer's business is one of    17,287       

the following:                                                     17,288       

      (a)  Eating and drinking place;                              17,290       

      (b)  General building contractor;                            17,292       

      (c)  Construction--special trade contractor;                 17,294       

      (d)  Motor freight transportation and warehousing;           17,296       

      (e)  Automotive dealer or gasoline service station;          17,298       

      (f)  Automotive repair, services, and parking.               17,300       

      (3) ANY PERSON OR GOVERNMENTAL ENTITY OTHER THAN THE         17,302       

FEDERAL GOVERNMENT FOR WHICH AN INDIVIDUAL PERFORMS ANY SERVICE,   17,303       

OF WHATEVER NATURE, AS THE EMPLOYEE OF SUCH PERSON, EXCEPT THAT:   17,305       

      (a)  IF THE PERSON FOR WHOM THE INDIVIDUAL PERFORMS          17,307       

SERVICES DOES NOT HAVE CONTROL OF THE PAYMENT OF COMPENSATION FOR  17,309       

THE SERVICES, "EMPLOYER" MEANS THE PERSON HAVING CONTROL OF THE    17,310       

PAYMENT OF THE COMPENSATION;                                                    

      (b)  IN THE CASE OF A PERSON PAYING COMPENSATION ON BEHALF   17,312       

OF A NONRESIDENT ALIEN INDIVIDUAL, FOREIGN PARTNERSHIP, OR         17,313       

FOREIGN CORPORATION NOT ENGAGED IN TRADE OR BUSINESS WITHIN THE    17,314       

UNITED STATES, "EMPLOYER" MEANS THE PERSON PAYING THE              17,315       

COMPENSATION.                                                                   

      (4)  "Obligor" means a person required to pay support under  17,317       

a child support order.                                             17,319       

      (B)  Effective January 1, 1996, an (1)  EXCEPT AS PROVIDED   17,321       

IN DIVISION (B)(2) OF THIS SECTION, EVERY employer shall report    17,323       

in writing to the department of human services the hiring,         17,325       

rehiring, or return to work as an employee of a person who         17,326       

resides, works, or will be assigned to work in this state to whom  17,327       

the employer anticipates paying compensation.                                   

      (2)  AN EMPLOYER THAT HAS EMPLOYEES IN TWO OR MORE STATES    17,330       

                                                          419    

                                                                 
AND THAT TRANSMITS REPORTS MAGNETICALLY OR ELECTRONICALLY MAY      17,331       

MAKE THE REPORT REQUIRED BY THIS SECTION TO ANOTHER STATE IF THE   17,332       

EMPLOYER DOES BOTH OF THE FOLLOWING:                                            

      (a)  NOTIFIES THE OHIO DEPARTMENT OF HUMAN SERVICES AND THE  17,335       

UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES IN WRITING    17,337       

THAT THE EMPLOYER HAS DESIGNATED ANOTHER STATE AS THE STATE TO                  

WHICH THE EMPLOYER WILL TRANSMIT THE REPORT;                       17,339       

      (b)  TRANSMITS THE REPORT TO THAT STATE IN COMPLIANCE WITH   17,342       

FEDERAL LAW.                                                                    

      (C)  An employer shall include all of the following in each  17,344       

report:                                                            17,345       

      (1)  The employee's name, address, and DATE OF BIRTH,        17,347       

social security number, AND DATE OF HIRE, REHIRE, OR RETURN TO     17,348       

WORK;                                                              17,349       

      (2)  The employer's name, address, and identification        17,351       

number.                                                                         

      (D)  An employer may make a report by submitting a copy of   17,353       

the United States internal revenue service form W-4 (employee's    17,355       

withholding allowance certificate) for the employee, a form                     

provided by the department, or any other hiring document or data   17,356       

storage device or mechanism the department authorizes.  An         17,357       

employer may make the report by mail, fax, MAGNETIC OR ELECTRONIC  17,358       

MEANS, or other means the department authorizes.  If an employer   17,359       

makes a report by mail, the date of making the report is the       17,360       

postmark date if the report is mailed in the United States with    17,361       

first class postage and is addressed as the department             17,362       

authorizes.  An employer shall make the report not later than      17,363       

thirty TWENTY days after the date on which the employer hires or   17,365       

rehires an employee or the employee returns to work.               17,366       

      (E)(1)  THE DEPARTMENT SHALL, WITHIN FIVE DAYS OF RECEIPT    17,369       

FROM AN EMPLOYER, ENTER THE INFORMATION DESCRIBED IN DIVISION (C)  17,370       

OF THIS SECTION INTO A DIRECTORY, WHICH SHALL BE PART OF OR        17,371       

ACCESSIBLE TO THE AUTOMATED DATA PROCESSING SYSTEM REQUIRED        17,372       

PURSUANT TO SECTION 5101.322 OF THE REVISED CODE.                  17,375       

                                                          420    

                                                                 
      (2)  THE DEPARTMENT SHALL MAKE COMPARISONS OF THE SOCIAL     17,378       

SECURITY NUMBERS OBTAINED PURSUANT TO THIS SECTION AND THE SOCIAL  17,379       

SECURITY NUMBERS APPEARING IN THE REGISTRY MAINTAINED PURSUANT TO  17,380       

SECTION 5101.319 OF THE REVISED CODE.                                           

      (3)  WITHIN TWO BUSINESS DAYS AFTER INFORMATION IS ENTERED   17,382       

INTO THE DIRECTORY PURSUANT TO THIS DIVISION, IF THE COMPARISON    17,383       

CONDUCTED BY THE DEPARTMENT PURSUANT TO DIVISION (E)(2) OF THIS    17,385       

SECTION RESULTS IN A MATCH THE DEPARTMENT SHALL NOTIFY THE CHILD   17,387       

SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER.  ON                 

RECEIPT OF THE NOTICE THE AGENCY SHALL SEND A NOTICE TO THE        17,389       

EMPLOYER PURSUANT TO DIVISION (B) OF SECTION 3111.23 OR DIVISION   17,390       

(D) OF SECTION 3113.21 OF THE REVISED CODE, UNLESS THE EMPLOYEE'S  17,393       

INCOME IS NOT SUBJECT TO WITHHOLDING, AND SHALL TAKE ANY OTHER     17,394       

APPROPRIATE ACTION UNDER SECTIONS 3111.20 TO 3111.28 AND 3113.21   17,395       

TO 3113.219 OF THE REVISED CODE.                                   17,397       

      (4)(a)  BEGINNING OCTOBER 1, 1997, WITHIN THREE BUSINESS     17,400       

DAYS AFTER INFORMATION IS ENTERED INTO THE DIRECTORY PURSUANT TO   17,401       

THIS DIVISION, THE DEPARTMENT SHALL FURNISH THE INFORMATION TO     17,402       

THE NATIONAL DIRECTORY OF NEW HIRES.                               17,403       

      (b)  BEGINNING OCTOBER 1, 1997, THE BUREAU OF EMPLOYMENT     17,406       

SERVICES SHALL FURNISH TO THE NATIONAL DIRECTORY OF NEW HIRES ON   17,407       

A QUARTERLY BASIS SUCH INFORMATION CONTAINED IN THE RECORDS OF     17,408       

THE BUREAU OF EMPLOYMENT SERVICES AS IS REQUIRED BY STATE AND                   

FEDERAL LAW.                                                       17,409       

      (F)  The department shall use the reports it receives        17,411       

pursuant to this section to locate obligors under child            17,412       

INDIVIDUALS FOR THE PURPOSES OF ESTABLISHING PATERNITY;            17,413       

ESTABLISHING, MODIFYING, AND ENFORCING support orders being        17,414       

administered by child support enforcement agencies in this state;  17,415       

and to detect fraud in any program administered by the             17,417       

department.  The DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH   17,418       

CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION.        17,419       

      THE REPORTS SHALL NOT BE CONSIDERED PUBLIC RECORDS FOR       17,421       

PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND THE            17,424       

                                                          421    

                                                                 
DEPARTMENT MAY ADOPT RULES UNDER SECTION 5101.31 OF THE REVISED    17,427       

CODE GOVERNING ACCESS TO, AND USE AND DISCLOSURE OF, INFORMATION   17,428       

CONTAINED IN THE REPORTS.  THE DEPARTMENT MAY DISCLOSE             17,429       

INFORMATION IN THE REPORTS TO ANY AGENT OF THE DEPARTMENT OR       17,430       

CHILD SUPPORT ENFORCEMENT AGENCY THAT IS UNDER CONTRACT WITH THE   17,431       

DEPARTMENT FOR THE PURPOSES LISTED IN THIS DIVISION.  THE          17,432       

department may submit to the bureau of workers' compensation or    17,433       

the bureau of employment services a copy of any report it          17,434       

receives from an employer pursuant to this section.  The                        

department shall adopt rules in accordance with Chapter 119. of    17,435       

the Revised Code to implement this section.  In adopting the       17,436       

rules, the department shall work with the bureau of employment     17,438       

services for the purpose of identifying the industries listed in   17,439       

division (A)(2) of this section by using the Standard Industrial   17,440       

Classification codes established in the standard industrial        17,441       

classification manual, 1987, published by the executive office of  17,442       

the president, office of management and budget.                                 

      (F)(G)  An employer who fails to make a report required by   17,444       

this section shall be required by the department of human          17,445       

services to pay a fee of twenty-five dollars for each failure to   17,446       

make a report.                                                                  

      IF THE FAILURE TO MAKE A REPORT IS THE RESULT OF A           17,448       

CONSPIRACY BETWEEN THE EMPLOYER AND THE EMPLOYEE NOT TO SUPPLY     17,449       

THE REPORT OR TO SUPPLY A FALSE OR INCOMPLETE REPORT, THE          17,450       

DEPARTMENT OF HUMAN SERVICES SHALL REQUIRE THE EMPLOYER TO PAY A   17,451       

FEE OF FIVE HUNDRED DOLLARS FOR EACH SUCH FAILURE.                 17,452       

      Sec. 2105.18 5101.314.  (A)(1)  The natural father, natural  17,464       

mother, or other custodian or guardian of a child, a child                      

support enforcement agency PURSUANT TO SECTION 3111.21 OF THE      17,465       

REVISED CODE, A LOCAL REGISTRAR OF VITAL STATISTICS PURSUANT TO    17,466       

SECTION 3705.091 OF THE REVISED CODE, or a hospital staff person   17,467       

pursuant to section 3727.17 of the Revised Code, in person or by   17,468       

mail, may file an acknowledgment of paternity in the probate       17,469       

court of the county in which the natural father, natural mother,   17,470       

                                                          422    

                                                                 
or other guardian or custodian of the child resides, in the        17,471       

county in which the child resides, or the county in which the      17,472       

child was born WITH THE DIVISION OF CHILD SUPPORT IN THE           17,473       

DEPARTMENT OF HUMAN SERVICES, acknowledging that the child is the  17,474       

child of the natural father who signed the acknowledgment.  The    17,475       

acknowledgment of paternity shall state that the natural father    17,476       

who signs the acknowledgment of paternity acknowledges that he is  17,477       

the natural father of the named child and that he assumes the                   

parental duty of support of that child.  The acknowledgment of     17,479       

paternity BE MADE ON THE AFFIDAVIT PREPARED PURSUANT TO SECTION    17,480       

5101.324 OF THE REVISED CODE, shall be signed by the natural       17,481       

father and the natural mother in the presence of two competent     17,482       

and disinterested witnesses who are eighteen years of age or       17,483       

older and by the two witnesses.  If an acknowledgment of           17,484       

paternity is completed and filed in accordance with this section   17,485       

and if the acknowledgment is accompanied by the appropriate fee    17,486       

prescribed in section 2101.16 of the Revised Code, the probate     17,487       

court shall enter the acknowledgment upon its journal.             17,488       

Thereafter, AND EACH SIGNATURE SHALL BE NOTARIZED.  THE NATURAL    17,489       

FATHER AND MOTHER MAY SIGN AND HAVE THE SIGNATURE NOTARIZED        17,490       

OUTSIDE OF EACH OTHER'S PRESENCE.  AN ACKNOWLEDGMENT SHALL BE      17,493       

SENT TO THE DIVISION NO LATER THAN TEN DAYS AFTER IT HAS BEEN      17,494       

SIGNED AND NOTARIZED.  IF A PERSON KNOWS A MAN IS PRESUMED UNDER   17,495       

SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE CHILD  17,496       

DESCRIBED IN THIS SECTION, THE PERSON SHALL NOT NOTARIZE OR FILE   17,497       

AN ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS       17,498       

SECTION.                                                                        

      (2)(a)  ON THE FILING OF AN ACKNOWLEDGMENT PURSUANT TO       17,500       

DIVISION (A)(1) OF THIS SECTION, THE DIVISION SHALL EXAMINE THE    17,503       

ACKNOWLEDGMENT TO DETERMINE WHETHER IT IS COMPLETED CORRECTLY.     17,504       

THE DIVISION SHALL MAKE THE EXAMINATION NO LATER THAN FIVE DAYS    17,505       

AFTER THE ACKNOWLEDGMENT IS FILED.  IF THE ACKNOWLEDGMENT IS       17,506       

COMPLETED CORRECTLY, THE DIVISION SHALL COMPLY WITH DIVISION       17,508       

(A)(2)(b) OF THIS SECTION.  IF THE ACKNOWLEDGMENT IS NOT           17,509       

                                                          423    

                                                                 
COMPLETED CORRECTLY, THE DIVISION SHALL RETURN IT TO THE PERSON    17,510       

OR ENTITY THAT FILED IT.  THE PERSON OR ENTITY SHALL HAVE TEN      17,511       

DAYS FROM THE DATE THE DIVISION SENDS THE ACKNOWLEDGMENT BACK TO   17,512       

CORRECT IT AND RETURN IT TO THE DIVISION.  THE DIVISION SHALL      17,513       

SEND, ALONG WITH THE ACKNOWLEDGMENT, A NOTICE STATING WHAT NEEDS   17,514       

TO BE CORRECTED AND THE AMOUNT OF TIME THE PERSON OR ENTITY HAS    17,515       

TO MAKE THE CORRECTIONS AND RETURN THE ACKNOWLEDGMENT TO THE       17,516       

DIVISION.                                                                       

      IF THE PERSON OR ENTITY RETURNS THE ACKNOWLEDGMENT IN A      17,518       

TIMELY MANNER, THE DIVISION SHALL EXAMINE THE ACKNOWLEDGMENT       17,519       

AGAIN TO DETERMINE WHETHER IT HAS BEEN CORRECTLY COMPLETED.  IF    17,520       

THE ACKNOWLEDGMENT HAS BEEN CORRECTLY COMPLETED, THE DIVISION      17,521       

SHALL COMPLY WITH DIVISION (A)(2)(b) OF THIS SECTION.  IF THE      17,523       

ACKNOWLEDGMENT HAS NOT BEEN CORRECTLY COMPLETED THE SECOND TIME    17,524       

OR IF THE ACKNOWLEDGMENT IS NOT RETURNED TO THE DIVISION IN A      17,525       

TIMELY MANNER, THE ACKNOWLEDGMENT IS INVALID AND THE DIVISION      17,526       

SHALL RETURN IT TO THE PERSON OR ENTITY AND SHALL NOT ENTER IT     17,527       

INTO THE BIRTH REGISTRY.  IF THE DIVISION RETURNS AN               17,528       

ACKNOWLEDGMENT THE SECOND TIME, IT SHALL SEND A NOTICE TO THE                   

PERSON OR ENTITY STATING THE ERRORS IN THE ACKNOWLEDGMENT AND      17,529       

THAT THE ACKNOWLEDGMENT IS INVALID.                                17,530       

      (b)  IF THE DIVISION DETERMINES AN ACKNOWLEDGMENT IS         17,532       

CORRECTLY COMPLETED, THE DIVISION SHALL ENTER THE INFORMATION ON   17,534       

THE ACKNOWLEDGMENT INTO THE BIRTH REGISTRY PURSUANT TO DIVISION    17,536       

(D) OF THIS SECTION.  AFTER ENTERING THE INFORMATION IN THE        17,537       

REGISTRY, THE DIVISION SHALL SEND THE ACKNOWLEDGMENT TO THE        17,538       

DEPARTMENT OF HEALTH FOR STORAGE PURSUANT TO SECTION 3705.091 OF   17,539       

THE REVISED CODE.  THE DIVISION MAY REQUEST THAT THE DEPARTMENT    17,542       

OF HEALTH SEND BACK TO THE DIVISION ANY ACKNOWLEDGMENT THAT IS     17,543       

BEING STORED BY THE DEPARTMENT OF HEALTH PURSUANT TO THAT          17,544       

SECTION.                                                                        

      (3)  AN ACKNOWLEDGMENT OF PATERNITY IS FINAL AND             17,546       

ENFORCEABLE WITHOUT RATIFICATION BY A COURT WHEN EITHER OF THE     17,547       

FOLLOWING HAS OCCURRED:                                                         

                                                          424    

                                                                 
      (a)  THE ACKNOWLEDGMENT HAS BECOME FINAL PURSUANT TO         17,549       

SECTION 2151.232 OR 3111.211 OF THE REVISED CODE.                  17,550       

      (b)  THE ACKNOWLEDGMENT HAS BEEN FILED PURSUANT TO DIVISION  17,553       

(A)(1) OF THIS SECTION, THE INFORMATION ON THE ACKNOWLEDGMENT HAS  17,555       

BEEN ENTERED IN THE BIRTH REGISTRY PURSUANT TO DIVISION (D) OF     17,556       

THIS SECTION, THE ACKNOWLEDGMENT HAS NOT BEEN RESCINDED PURSUANT   17,557       

TO DIVISION (B) OF THIS SECTION, AND MORE THAN SIXTY DAYS HAVE     17,558       

ELAPSED SINCE THE DATE OF THE LAST SIGNATURE ON THE                17,559       

ACKNOWLEDGMENT.                                                                 

      THEREAFTER, the child is the child of the man who signed     17,563       

the acknowledgment of paternity, as though born to him in lawful   17,564       

wedlock, and, if the mother is unmarried, the man who signed the   17,565       

acknowledgment of paternity, the parents of the man who signed     17,566       

the acknowledgment of paternity, any relative of the man who       17,567       

signed the acknowledgment of paternity, the parents of the         17,568       

mother, and any relative of the mother may file a complaint                     

pursuant to section 3109.12 of the Revised Code requesting the     17,569       

granting under that section of reasonable companionship or         17,570       

visitation rights with respect to the child.                       17,571       

      (B)  After a probate court enters an acknowledgment upon     17,573       

its journal pursuant to division (A) of this section, the man who  17,575       

signed the acknowledgment of paternity is the father of the child               

and assumes the parental duty of support.  Notwithstanding         17,576       

section 3109.01 of the Revised Code, the parental duty of support  17,577       

of the father to the child shall continue beyond the age of        17,578       

majority as long as the child attends on a full-time basis any     17,579       

recognized and accredited high school.  The duty of support of     17,580       

the father shall continue during seasonal vacation periods.        17,581       

After the probate court enters the acknowledgment upon its         17,582       

journal, the                                                       17,583       

      (4)  ONCE THE ACKNOWLEDGMENT BECOMES FINAL PURSUANT TO THIS  17,586       

SECTION OR SECTION 2151.232 OR 3111.211 OF THE REVISED CODE, ALL                

OF THE FOLLOWING APPLY:                                                         

      (a)  THE MAN WHO SIGNED THE ACKNOWLEDGMENT OF PATERNITY      17,588       

                                                          425    

                                                                 
ASSUMES THE PARENTAL DUTY OF SUPPORT.  NOTWITHSTANDING SECTION     17,589       

3109.01 OF THE REVISED CODE, THE PARENTAL DUTY OF SUPPORT OF THE   17,591       

FATHER TO THE CHILD SHALL CONTINUE BEYOND THE AGE OF MAJORITY AS   17,592       

LONG AS THE CHILD ATTENDS ON A FULL-TIME BASIS ANY RECOGNIZED AND  17,593       

ACCREDITED HIGH SCHOOL, THE CHILD HAS A DEVELOPMENTAL DISABILITY   17,594       

AS DEFINED IN SECTION 5123.01 OF THE REVISED CODE, OR A CHILD      17,596       

SUPPORT ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES BEYOND   17,597       

THE AGE OF MAJORITY.  EXCEPT IN CASES IN WHICH THE CHILD HAS A     17,598       

DEVELOPMENTAL DISABILITY OR A CHILD SUPPORT ORDER PROVIDES THAT    17,599       

THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD AFTER THE CHILD       17,600       

REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN IN EFFECT AFTER   17,601       

THE CHILD REACHES AGE NINETEEN.                                    17,602       

      (b)  THE mother or other custodian or guardian of the child  17,604       

may file a complaint pursuant to section 2151.231 of the Revised   17,605       

Code in the court of common pleas of the county in which the       17,606       

child or the guardian or legal custodian of the child resides      17,607       

requesting the court to order the father to pay an amount for the  17,608       

support of the child, may contact the child support enforcement    17,609       

agency for assistance in obtaining the order, or may request an    17,610       

administrative officer of a child support enforcement agency to    17,611       

issue an administrative order for the payment of child support     17,612       

pursuant to division (D) of section 3111.20 of the Revised Code.   17,613       

      (c)  THE DIVISION SHALL NOTIFY THE DEPARTMENT OF HEALTH OF   17,616       

THE ACKNOWLEDGMENT.  IF THE ORIGINAL BIRTH RECORD IS INCONSISTENT               

WITH THE ACKNOWLEDGMENT THAT HAS BECOME FINAL, ON RECEIPT OF THE   17,617       

NOTICE, THE DEPARTMENT OF HEALTH SHALL, IN ACCORDANCE WITH         17,619       

SECTION 3705.09 OF THE REVISED CODE, PREPARE A NEW BIRTH RECORD                 

CONSISTENT WITH THE ACKNOWLEDGMENT THAT HAS BECOME FINAL AND       17,620       

SUBSTITUTE THE NEW RECORD FOR THE ORIGINAL BIRTH RECORD.           17,621       

      (B)(1)  NO LATER THAN SIXTY DAYS AFTER THE DATE OF THE       17,624       

LATEST SIGNATURE ON AN ACKNOWLEDGMENT OF PATERNITY FILED WITH THE  17,625       

DIVISION PURSUANT TO DIVISION (A) OF THIS SECTION, EITHER PERSON   17,627       

WHO SIGNED THE ACKNOWLEDGMENT MAY RESCIND IT BY DOING BOTH OF THE  17,628       

FOLLOWING:                                                                      

                                                          426    

                                                                 
      (a)  REQUESTING A DETERMINATION OF THE EXISTENCE OR          17,631       

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO        17,632       

SECTION 3111.22 OF THE REVISED CODE WITH RESPECT TO THE CHILD WHO  17,634       

IS THE SUBJECT OF THE ACKNOWLEDGMENT.                                           

      (b)  NOTIFYING THE DIVISION IN WRITING THAT THE PARTY HAS    17,637       

COMPLIED WITH THE REQUIREMENTS OF DIVISION (B)(1)(a) OF THIS       17,639       

SECTION AND THE NAME OF THE CHILD SUPPORT ENFORCEMENT AGENCY       17,640       

CONDUCTING THE GENETIC TESTS.                                      17,641       

      ON THE SAME DAY THAT THE DIVISION RECEIVES THE NOTICE        17,643       

DESCRIBED IN DIVISION (B)(1)(b) OF THIS SECTION, IT SHALL CONTACT  17,645       

THE AGENCY INDICATED IN THE NOTICE TO VERIFY THAT THE PARTY        17,646       

SENDING THE NOTICE HAS COMPLIED WITH THE REQUIREMENTS OF DIVISION  17,647       

(B)(1)(a) OF THIS SECTION.  IF THE DIVISION VERIFIES COMPLIANCE    17,649       

WITH DIVISION (B)(1)(a) OF THIS SECTION AND THE NOTICE UNDER       17,651       

DIVISION (B)(1)(b) OF THIS SECTION WAS SENT WITHIN THE TIME LIMIT  17,652       

REQUIRED BY THIS DIVISION, THE RECISION OF THE ACKNOWLEDGMENT      17,653       

SHALL BE EFFECTIVE AS OF THE DATE THE DIVISION RECEIVED THE        17,654       

NOTICE.  IF THE DIVISION IS UNABLE TO VERIFY THAT THE REQUIREMENT  17,655       

OF DIVISION (B)(1)(a) OF THIS SECTION HAS BEEN MET, THE            17,657       

ACKNOWLEDGMENT SHALL NOT BE RESCINDED.                                          

      (2)  AFTER AN ACKNOWLEDGMENT BECOMES FINAL PURSUANT TO THIS  17,659       

SECTION OR SECTION 2151.232 OR 3111.211 OF THE REVISED CODE, A     17,660       

MAN PRESUMED TO BE THE FATHER OF THE CHILD PURSUANT TO SECTION     17,661       

3111.03 OF THE REVISED CODE WHO DID NOT SIGN THE ACKNOWLEDGMENT,                

EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT, OR A GUARDIAN OR      17,662       

LEGAL CUSTODIAN OF THE CHILD MAY BRING AN ACTION TO RESCIND THE    17,663       

ACKNOWLEDGMENT ON THE BASIS OF FRAUD, DURESS, OR MATERIAL MISTAKE  17,665       

OF FACT.  THE COURT SHALL TREAT THE ACTION AS AN ACTION TO         17,666       

DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD      17,667       

RELATIONSHIP PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE        17,668       

REVISED CODE.  AN ACTION PURSUANT TO DIVISION (B)(2) OF THIS       17,669       

SECTION SHALL BE BROUGHT NO LATER THAN ONE YEAR AFTER THE          17,670       

ACKNOWLEDGMENT BECOMES FINAL.  THE ACTION MAY BE BROUGHT IN ONE    17,671       

OF THE FOLLOWING COURTS IN THE COUNTY IN WHICH THE CHILD, THE      17,672       

                                                          427    

                                                                 
GUARDIAN OR CUSTODIAN OF THE CHILD, OR EITHER PERSON WHO SIGNED    17,673       

THE ACKNOWLEDGMENT RESIDES:                                                     

      (a)  THE JUVENILE COURT;                                     17,675       

      (b)  THE DOMESTIC RELATIONS DIVISION OF THE COURT OF COMMON  17,678       

PLEAS THAT HAS JURISDICTION PURSUANT TO SECTION 2301.03 OF THE     17,679       

REVISED CODE TO HEAR AND DETERMINE CASES ARISING UNDER CHAPTER     17,680       

3111. OF THE REVISED CODE.                                         17,681       

      (C)  A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, WHICHEVER  17,684       

IS APPLICABLE, SHALL FILE THE FOLLOWING WITH THE DIVISION:         17,685       

      (1)  AN ORDER ISSUED PURSUANT TO SECTION 3111.13 OF THE      17,688       

REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.     17,689       

      (2)  AN ORDER ISSUED PURSUANT TO SECTION 3111.22 OF THE      17,692       

REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT                   

THAT HAS BECOME FINAL AND ENFORCEABLE.                             17,693       

      ON THE FILING OF AN ORDER PURSUANT TO DIVISION (C) OF THIS   17,696       

SECTION, THE DIVISION SHALL ENTER THE INFORMATION ON THE ORDER IN  17,698       

THE BIRTH REGISTRY PURSUANT TO DIVISION (D) OF THIS SECTION.       17,699       

      (D)(1)  THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF   17,702       

HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A BIRTH REGISTRY THAT  17,703       

SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION CONTAINED IN        17,704       

ORDERS DETERMINING THE EXISTENCE OF A PARENT AND CHILD             17,705       

RELATIONSHIP AND ACKNOWLEDGMENTS OF PATERNITY REQUIRED TO BE       17,706       

FILED WITH THE DIVISION PURSUANT TO DIVISION (A) OR (C) OF THIS    17,708       

SECTION:                                                                        

      (a)  THE NAMES OF THE PARENTS OF THE CHILD SUBJECT TO THE    17,711       

ORDER OR ACKNOWLEDGMENT;                                                        

      (b)  THE NAME OF THE CHILD;                                  17,713       

      (c)  THE RESIDENT ADDRESS OF EACH PARENT AND EACH PARENT'S   17,716       

SOCIAL SECURITY NUMBER.                                                         

      (2)  THE REGISTRY ESTABLISHED PURSUANT TO THIS SECTION       17,718       

SHALL BE MAINTAINED AS PART OF AND BE ACCESSIBLE THROUGH THE       17,719       

AUTOMATED SYSTEM CREATED PURSUANT TO SECTION 5101.322 OF THE       17,721       

REVISED CODE.  THE DIVISION SHALL MAKE COMPARISONS OF THE                       

INFORMATION IN THE REGISTRY WITH THE INFORMATION MAINTAINED BY     17,722       

                                                          428    

                                                                 
THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTIONS 5101.312     17,723       

AND 5101.313 OF THE REVISED CODE.  THE DEPARTMENT SHALL MAKE THE   17,726       

COMPARISONS IN THE MANNER AND IN THE TIME INTERVALS REQUIRED BY    17,727       

THE RULES ADOPTED PURSUANT TO DIVISION (E) OF THIS SECTION.        17,728       

      (E)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES      17,731       

PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THE      17,734       

REQUIREMENTS OF THIS SECTION THAT ARE CONSISTENT WITH TITLE IV-D   17,736       

OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL          17,738       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   17,740       

110 STAT. 2105., 42 U.S.C. 651 ET SEQ.                             17,741       

      (F)  AS USED IN THIS SECTION, "BIRTH RECORD" HAS THE SAME    17,743       

MEANING AS IN SECTION 3705.01 OF THE REVISED CODE.                 17,744       

      Sec. 5101.315.  (A)  AS USED IN THIS SECTION:                17,746       

      (1)  "FINANCIAL INSTITUTION," "OBLIGOR," AND "OBLIGEE" HAVE  17,749       

THE SAME MEANING AS IN SECTION 3113.21 OF THE REVISED CODE.        17,751       

      (2)  "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION      17,754       

2301.34 OF THE REVISED CODE.                                       17,755       

      (B)  EACH FINANCIAL INSTITUTION DOING BUSINESS IN THIS       17,758       

STATE SHALL PROVIDE TO THE DIVISION OF CHILD SUPPORT IN THE        17,759       

DEPARTMENT OF HUMAN SERVICES EACH CALENDAR QUARTER THE NAME,       17,760       

ADDRESS, SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION         17,761       

NUMBER, AND OTHER IDENTIFYING INFORMATION FOR ANY INDIVIDUAL       17,762       

INCLUDED IN A REQUEST SENT BY THE DIVISION PURSUANT TO DIVISION    17,764       

(C) OF THIS SECTION WHO MAINTAINS AN ACCOUNT WITH THE FINANCIAL    17,765       

INSTITUTION.                                                                    

      (C)  THE DIVISION SHALL, ONCE EVERY CALENDAR QUARTER, SEND   17,768       

A REQUEST TO EVERY FINANCIAL INSTITUTION THAT CONTAINS THE NAME    17,771       

AND SOCIAL SECURITY NUMBER OR TAX IDENTIFICATION NUMBER OF ALL     17,772       

OBLIGORS IN DEFAULT UNDER A SUPPORT ORDER BEING ADMINISTERED BY A  17,773       

CHILD SUPPORT ENFORCEMENT AGENCY OF THIS STATE AND REQUESTS THAT   17,774       

THE FINANCIAL INSTITUTION PROVIDE INFORMATION ON THE OBLIGOR TO    17,775       

THE DIVISION AS DESCRIBED IN DIVISION (B) OF THIS SECTION.         17,777       

      (D)  THE DIVISION SHALL ENTER INTO AN AGREEMENT WITH EACH    17,779       

FINANCIAL INSTITUTION SUBJECT TO THIS SECTION.  FINANCIAL          17,781       

                                                          429    

                                                                 
INSTITUTIONS THAT PROVIDE INFORMATION TO THE DIVISION PURSUANT TO  17,783       

THIS SECTION SHALL BE REIMBURSED FOR THE ACTUAL, REASONABLE COSTS  17,784       

INCURRED IN PROVIDING THE INFORMATION, INCLUDING SALARIES,         17,785       

BENEFITS, EQUIPMENT AND COMPUTER SOFTWARE.                         17,786       

      (E)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES      17,789       

PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS     17,792       

SECTION THAT DO THE FOLLOWING:                                     17,793       

      (1)  GOVERN THE PROVISIONS OF AN AGREEMENT REQUIRED          17,795       

PURSUANT TO THIS SECTION AND THE PROCEDURE FOR ENTERING INTO SUCH  17,797       

AN AGREEMENT;                                                                   

      (2)  GOVERN THE FORM OF THE REQUEST REQUIRED PURSUANT TO     17,799       

DIVISION (C) OF THIS SECTION AND THE RESPONSE;                     17,801       

      (3)  GOVERN WHEN FOR EACH CALENDAR QUARTER THE REQUEST       17,803       

REQUIRED PURSUANT TO DIVISION (C) OF THIS SECTION AND THE          17,805       

RESPONSE MUST BE SENT;                                             17,807       

      (4)  GOVERN REIMBURSEMENTS UNDER DIVISION (D) OF THIS        17,809       

SECTION.                                                                        

      Sec. 5101.316.  THE DEPARTMENT OF HUMAN SERVICES MAY ENTER   17,811       

INTO AN AGREEMENT WITH A FOREIGN COUNTRY FOR THE ESTABLISHMENT OF  17,812       

AND ENFORCEMENT OF SUPPORT ORDERS ISSUED UNDER THE LAWS OF THAT    17,813       

COUNTRY IF THAT COUNTRY, AS PART OF THE AGREEMENT, AGREES TO       17,814       

ENFORCE SUPPORT ORDERS ISSUED UNDER THE LAWS OF THIS STATE.  THE   17,815       

DEPARTMENT MUST PROVIDE SERVICES UNDER THE PROGRAM OF SUPPORT      17,816       

ENFORCEMENT ESTABLISHED PURSUANT TO THIS SECTION TO A FOREIGN      17,817       

COUNTRY WITH WHICH THE DEPARTMENT HAS AN AGREEMENT UNDER THIS      17,819       

SECTION AND TO A FOREIGN COUNTRY DECLARED TO BE A FOREIGN                       

RECIPROCATING COUNTRY UNDER SECTION 459A OF THE "SOCIAL SECURITY   17,823       

ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK          17,828       

OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42        17,832       

U.S.C. 659A, THAT REQUESTS THE SERVICES.  THE DEPARTMENT SHALL     17,834       

PROVIDE THE SERVICES WITHOUT IMPOSING AN APPLICATION FEE OR ANY    17,835       

OTHER COST ON THE FOREIGN COUNTRY OR THE OBLIGEE REQUESTING THE    17,836       

SERVICES.  THE DEPARTMENT MAY IMPOSE THE APPLICATION FEE OR OTHER  17,837       

COSTS ON THE OBLIGOR UNDER THE SUPPORT ORDER.  THE DEPARTMENT      17,838       

                                                          430    

                                                                 
SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE     17,841       

GOVERNING THE PROCEDURE FOR ENTERING INTO A CONTRACT PURSUANT TO   17,842       

THIS SECTION, THE PROVISIONS OF THE CONTRACT, AND THE PROVISION    17,843       

OF SUPPORT ENFORCEMENT SERVICES, WHICH RULES SHALL BE CONSISTENT   17,844       

WITH SECTIONS 454 AND 459A OF THE "SOCIAL SECURITY ACT," AS        17,848       

AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY       17,853       

RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 U.S.C. 654 AND     17,857       

659A AND REGULATIONS ADOPTED UNDER THE ACT.                        17,858       

      Sec. 5101.317.  (A)  THE DEPARTMENT OF HUMAN SERVICES SHALL  17,861       

PROVIDE ANNUAL REVIEWS OF AND REPORTS TO THE SECRETARY OF HEALTH   17,862       

AND HUMAN SERVICES CONCERNING PROGRAMS OPERATED UNDER TITLE IV-D   17,864       

OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C.      17,869       

651, AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK           17,871       

OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, PURSUANT  17,872       

TO RULES ADOPTED BY THE DEPARTMENT UNDER DIVISION (B) OF THIS      17,873       

SECTION.                                                                        

      (B)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN   17,876       

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH    17,877       

THE FOLLOWING:                                                                  

      (1)  PROCEDURES FOR ANNUAL REVIEWS OF AND REPORTS TO THE     17,879       

SECRETARY OF HEALTH AND HUMAN SERVICES ON THE PROGRAMS OPERATED    17,880       

UNDER TITLE IV-D OF THE "SOCIAL SECURITY ACT," AS AMENDED,         17,885       

INCLUDING INFORMATION NECESSARY TO MEASURE COMPLIANCE WITH         17,886       

FEDERAL REQUIREMENTS FOR EXPEDITED PROCEDURES;                                  

      (2)  PROCEDURES FOR TRANSMITTING DATA AND CALCULATIONS       17,888       

REGARDING LEVELS OF ACCOMPLISHMENT AND RATES OF IMPROVEMENT FOR    17,889       

PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT FROM THE     17,890       

AUTOMATIC DATA PROCESSING SYSTEM REQUIRED UNDER SECTION 5101.322   17,891       

OF THE REVISED CODE TO THE SECRETARY OF HEALTH AND HUMAN           17,894       

SERVICES.                                                                       

      Sec. 5101.318.  THE DEPARTMENT MAY REQUEST THE ASSISTANCE    17,897       

OF OTHER STATES IN ENFORCING SUPPORT ORDERS ISSUED BY THE COURTS   17,898       

AND CHILD SUPPORT ENFORCEMENT AGENCIES OF THIS STATE CONSISTENT    17,899       

WITH SECTION 466(a) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY    17,903       

                                                          431    

                                                                 
THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION   17,908       

ACT OF 1996," 110 STAT. 2105, 42 U.S.C. 666(a).  THE DEPARTMENT,   17,912       

WHEN ENFORCING, PURSUANT TO CHAPTERS 2301., 3113., 3115., AND      17,913       

5101. OF THE REVISED CODE, SUPPORT ORDERS ISSUED IN OTHER STATES   17,914       

SHALL USE THE FORMS REQUIRED PURSUANT TO SECTIONS 452(a) AND       17,916       

454(9) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL   17,920       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   17,925       

110 STAT. 2105, 42 U.S.C. 652(a) AND 654(9).                       17,928       

      Sec. 5101.319.  (A) AS USED IN THIS SECTION:                 17,931       

      (1)  "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN        17,933       

SECTION 2301.373 OF THE REVISED CODE.                              17,934       

      (2)  "SUPPORT ORDER," "OBLIGOR," AND "OBLIGEE" HAVE THE      17,936       

SAME MEANING AS IN SECTION 2301.34 OF THE REVISED CODE.            17,939       

      (B)  THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF      17,942       

HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A CASE REGISTRY OF     17,943       

ALL SUPPORT ORDERS BEING ADMINISTERED OR OTHERWISE HANDLED BY A    17,944       

CHILD SUPPORT ENFORCEMENT AGENCY. THE REGISTRY SHALL INCLUDE ALL   17,945       

OF THE FOLLOWING INFORMATION:                                                   

      (1)  THE NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE      17,947       

NUMBER, OTHER IDENTIFICATION NUMBER, RESIDENCE TELEPHONE NUMBER,   17,948       

AND DATE OF BIRTH OF EACH OBLIGOR AND OBLIGEE UNDER A SUPPORT      17,949       

ORDER;                                                             17,950       

      (2)  PAYMENT INFORMATION INCLUDING THE PERIODIC SUPPORT      17,952       

AMOUNT DUE, ARREARAGES, PENALTIES FOR LATE PAYMENT, FEES, AMOUNTS  17,954       

COLLECTED, AND AMOUNTS DISTRIBUTED UNDER A SUPPORT ORDER;          17,955       

      (3)  LIENS IMPOSED ON REAL AND PERSONAL PROPERTY TO RECOVER  17,958       

ARREARAGES UNDER A SUPPORT ORDER;                                               

      (4)  WITH RESPECT TO A CHILD SUPPORT ORDER, THE NAME AND     17,960       

BIRTHDATE OF EACH CHILD SUBJECT TO THE ORDER;                      17,961       

      (5)  ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF     17,963       

HUMAN SERVICES PURSUANT TO RULES ADOPTED UNDER DIVISION (F) OF     17,965       

THIS SECTION.                                                                   

      (C)  THE REGISTRY ESTABLISHED PURSUANT TO THIS SECTION       17,968       

SHALL BE MAINTAINED AS PART OF THE AUTOMATED SYSTEM CREATED        17,969       

                                                          432    

                                                                 
PURSUANT TO SECTION 5101.322 OF THE REVISED CODE AND SHALL BE      17,971       

ACCESSED THROUGH THE SYSTEM.  THE DIVISION AND EACH CHILD SUPPORT  17,972       

ENFORCEMENT AGENCY SHALL MONITOR AND UPDATE THE REGISTRY, AND      17,973       

EACH AGENCY SHALL ENTER THE INFORMATION DESCRIBED IN DIVISION (B)  17,975       

OF THIS SECTION IN THE REGISTRY IN ACCORDANCE WITH RULES ADOPTED   17,976       

PURSUANT TO DIVISION (F) OF THIS SECTION.                          17,977       

      (D)  THE DIVISION SHALL MAKE COMPARISONS OF THE INFORMATION  17,980       

IN THE REGISTRY WITH THE INFORMATION MAINTAINED BY THE DEPARTMENT  17,981       

OF HUMAN SERVICES PURSUANT TO SECTIONS 5101.312 AND 5101.314 OF    17,982       

THE REVISED CODE.  THE DIVISION SHALL MAKE THE COMPARISONS IN THE  17,984       

MANNER AND IN THE TIME INTERVALS REQUIRED BY THE RULES ADOPTED     17,985       

PURSUANT TO DIVISION (F) OF THIS SECTION.  THE DIVISION SHALL      17,987       

MAKE REPORTS OF INFORMATION IN THE REGISTRY TO OTHER ENTITIES OF   17,988       

THE STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES AS REQUIRED    17,989       

BY THE RULES ADOPTED PURSUANT TO DIVISION (F) OF THIS SECTION.     17,990       

      (E)(1)  EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL ENTER    17,993       

INFORMATION INTO THE CASE REGISTRY AND MAINTAIN AND UPDATE THAT    17,994       

INFORMATION CONSISTENT WITH SECTIONS 454 AND 454A OF THE "SOCIAL   17,996       

SECURITY ACT" AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK  18,001       

OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42        18,006       

U.S.C. 654 AND 654A AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE  18,008       

ACT.                                                                            

      (2)  THE DIVISION AND EACH CHILD SUPPORT ENFORCEMENT AGENCY  18,011       

SHALL MONITOR THE REGISTRY CONSISTENT WITH SECTIONS 454 AND 454A   18,013       

OF THE "SOCIAL SECURITY ACT" AS AMENDED BY THE "PERSONAL           18,018       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,022       

AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT.                 18,024       

      (3)  THE DIVISION SHALL MAKE COMPARISONS OF INFORMATION IN   18,027       

THE CASE REGISTRY WITH INFORMATION MAINTAINED BY THE DEPARTMENT    18,028       

PURSUANT TO SECTIONS 5101.312 AND 5101.314 OF THE REVISED CODE     18,030       

AND PROVIDE INFORMATION IN THE CASE REGISTRY TO OTHER ENTITIES OF  18,031       

THE STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES CONSISTENT     18,032       

WITH SECTIONS 453A(f), 454(16) AND (28), 454A(f), AND              18,036       

466(a)(5)(M) OF THE "SOCIAL SECURITY ACT" AS AMENDED BY THE        18,040       

                                                          433    

                                                                 
"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT   18,045       

OF 1996," 42 U.S.C. 653A(f), 654(16) AND (28), 654A(f), AND        18,051       

666(a)(5)(M) AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT.    18,052       

      (F)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN   18,055       

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO BOTH OF   18,058       

THE FOLLOWING:                                                     18,059       

      (1)  ESTABLISH PROCEDURES GOVERNING ACTIONS REQUIRED BY      18,061       

DIVISION (E) OF THIS SECTION;                                      18,062       

      (2)  DESIGNATE ANY ADDITIONAL INFORMATION THAT MUST BE       18,064       

PLACED IN THE CASE REGISTRY CONSISTENT WITH SECTION 454A(e)(3) OF  18,066       

THE "SOCIAL SECURITY ACT" AS AMENDED BY THE "PERSONAL              18,071       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,075       

42 U.S.C. 654A(e)(3) AND ANY FEDERAL REGULATIONS ADOPTED UNDER     18,079       

THE ACT.                                                                        

      Sec. 5101.322.  If the (A)  THE department of human          18,089       

services develops SHALL ESTABLISH AND MAINTAIN a statewide,        18,090       

automated DATA PROCESSING system that is authorized under IN       18,091       

COMPLIANCE WITH Title IV-D of the "Social Security Act," 88 Stat.  18,092       

2351 (1975), 42 U.S.C. 651, as amended BY THE "PERSONAL            18,094       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,095       

110 STAT. 2105, to support the enforcement of child support and    18,098       

if the automated system is operational, the automated system THAT  18,099       

shall be implemented in every county.  When the automated system   18,101       

becomes operational, every EVERY county shall accept the                        

automated system and, in accordance with the written instructions  18,102       

of the department for the implementation of the automated system,  18,103       

shall convert to the automated system all records that are         18,104       

maintained by any county entity and that are related to any case   18,105       

for which a local agency is enforcing a child support order in     18,106       

accordance with Title IV-D of the "Social Security Act," 88 Stat.  18,107       

2351 (1975), 42 U.S.C. 651, as amended BY THE "PERSONAL            18,109       

RESPONSIBILITY AND WORK RECONCILIATION ACT OF 1996," 110 STAT.     18,110       

2105.                                                                           

      (B)  THE DEPARTMENT SHALL ADOPT RULES PURSUANT TO CHAPTER    18,113       

                                                          434    

                                                                 
119. OF THE REVISED CODE CONCERNING ACCESS TO, AND USE OF, DATA    18,116       

MAINTAINED IN THE AUTOMATED SYSTEM THAT DO THE FOLLOWING:                       

      (1)  PERMIT ACCESS TO AND USE OF DATA ONLY TO THE EXTENT     18,118       

NECESSARY TO CARRY OUT PROGRAMS UNDER TITLE IV-D OF THE "SOCIAL    18,123       

SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED BY  18,126       

THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION   18,127       

ACT OF 1996," 110 STAT. 2105, AND SPECIFY THE DATA THAT MAY BE     18,128       

USED FOR PARTICULAR PROGRAM PURPOSES, AND THE PERSONNEL PERMITTED  18,129       

ACCESS TO THE DATA;                                                18,130       

      (2)  REQUIRE MONITORING OF ACCESS TO AND USE OF THE          18,132       

AUTOMATED SYSTEM TO PREVENT AND PROMPTLY IDENTIFY UNAUTHORIZED     18,133       

USE;                                                               18,134       

      (3)  ESTABLISH PROCEDURES TO ENSURE THAT ALL PERSONNEL WHO   18,136       

MAY HAVE ACCESS TO OR BE REQUIRED TO USE DATA ARE INFORMED OF      18,137       

APPLICABLE REQUIREMENTS AND PENALTIES AND HAVE BEEN TRAINED IN     18,138       

SECURITY PROCEDURES;                                               18,139       

      (4)  ESTABLISH ADMINISTRATIVE PENALTIES, UP TO AND           18,141       

INCLUDING DISMISSAL FROM EMPLOYMENT, FOR UNAUTHORIZED ACCESS TO,   18,142       

OR DISCLOSURE OR USE OF, DATA.                                     18,143       

      Sec. 5101.323.  (A)(1)  The division of child support in     18,155       

the department of human services shall establish a program to      18,156       

increase child support collections by publishing and distributing  18,157       

a series of posters displaying child support obligors who are      18,158       

delinquent in their support payments.  Each poster shall display   18,159       

photographs of, and information about, ten obligors who are        18,160       

liable for support arrearages and whose whereabouts are unknown    18,161       

to child support enforcement agencies.  Each poster shall list a   18,162       

toll-free telephone number for the division of child support that  18,163       

may be called to report information regarding the whereabouts of   18,164       

any of the obligors displayed on a poster.  The division may       18,165       

include any other information on the poster that it considers      18,166       

appropriate.                                                       18,167       

      (2)  Any child support enforcement agency that chooses to    18,169       

participate in the poster program established under division       18,170       

                                                          435    

                                                                 
(A)(1) of this section may submit names of obligors that meet the  18,171       

criteria in division (B) of this section to the division.  The     18,172       

division shall select obligors to be displayed on a poster from    18,173       

the names submitted by the agencies.                               18,174       

      (3)  The division shall send notice to each obligor whose    18,176       

name was submitted to be displayed on the poster.  The notice      18,177       

shall be sent by regular mail to the obligor's last known address  18,178       

and shall state that the obligor may avoid being included on the   18,179       

poster by doing all of the following within ninety days after      18,180       

receipt of the notice:                                             18,181       

      (a)  Make a payment to the DIVISION OF child support OR,     18,184       

PURSUANT TO DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED                   

CODE, THE CHILD SUPPORT enforcement agency that is at least equal  18,186       

to the amount of support the obligor is required to pay each       18,187       

month under the support order;                                                  

      (b)  Provide the CHILD SUPPORT ENFORCEMENT agency with the   18,189       

obligor's current address;                                         18,190       

      (c)  Provide the agency with evidence from each of the       18,192       

obligor's current employers of the obligor's current wages,        18,193       

salary, and other compensation;                                    18,194       

      (d)  Provide the agency with evidence that the obligor has   18,196       

arranged for withholding from the obligor's wages, salary, or      18,197       

other compensation to pay support and for payment of arrearages.   18,198       

      (4)  The child support enforcement agency shall determine    18,200       

whether any obligor whose name was submitted to be displayed on a  18,201       

poster has met all the conditions of division (A)(3) of this       18,202       

section.  If it determines that an obligor has done so, it shall   18,203       

give the division notice of its determination.  On receipt of the  18,204       

notice from the agency, the division shall remove the obligor      18,205       

from the list of obligors submitted by that agency before making   18,206       

the final selection of obligors for the poster.                    18,207       

      (5)  The division shall publish and distribute the first     18,209       

set of posters throughout the state not later than October 1,      18,210       

1992.  The division shall publish and distribute subsequent sets   18,211       

                                                          436    

                                                                 
of posters not less than twice annually.                           18,212       

      (B)  A child support enforcement agency may submit the name  18,214       

of a delinquent obligor to the division for inclusion on a poster  18,215       

only if all of the following apply:                                18,216       

      (1)  The obligor is subject to a support order and there     18,218       

has been an attempt to enforce the order through a public notice,  18,219       

a wage withholding order, a lien on property, a financial          18,220       

institution deduction order, or other court-ordered procedures.    18,221       

      (2)  The department of human services reviewed the           18,223       

obligor's records and confirms the child support enforcement       18,224       

agency's finding that the obligor's name and photograph may be     18,225       

submitted to be displayed on a poster.                             18,226       

      (3)  The agency does not know or is unable to verify the     18,228       

obligor's whereabouts.                                             18,229       

      (4)  The obligor is not a recipient of aid to dependent      18,231       

children, disability assistance, supplemental security income, or  18,232       

food stamps.                                                       18,233       

      (5)  The child support enforcement agency does not have      18,235       

evidence that the obligor has filed for protection under the       18,236       

federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.              18,237       

      (6)  The obligee gave written authorization to the agency    18,239       

to display the obligor on a poster.                                18,240       

      (7)  A legal representative of the agency and a child        18,242       

support enforcement administrator reviewed the case.               18,243       

      (8)  The agency is able to submit to the department a        18,245       

description and photograph of the obligor, a statement of the      18,246       

possible locations of the obligor, and any other information       18,247       

required by the department.                                        18,248       

      (C)  When the agency submits the name of an obligor to the   18,250       

division, it also shall submit the photograph and information      18,251       

described in division (B)(8) of this section.  It shall not        18,252       

submit to the division the address of the obligee or any other     18,253       

personal information about the obligee.                            18,254       

      (D)  In accordance with Chapter 119. of the Revised Code,    18,256       

                                                          437    

                                                                 
the division shall adopt rules for the operation of the poster     18,257       

program under this section.  The rules shall specify the           18,258       

following:                                                         18,259       

      (1)  Criteria and procedures for the division to use in      18,261       

reviewing the names of obligors submitted by child support         18,262       

enforcement agencies to be displayed on a poster and selecting     18,263       

the delinquent obligors to be included on a poster;                18,264       

      (2)  Procedures for providing the notice specified in        18,266       

division (A)(3) of this section;                                   18,267       

      (3)  Any other procedures necessary for the operation of     18,269       

the poster program.                                                18,270       

      (E)  The division shall use funds appropriated by the        18,272       

general assembly for child support administration to conduct the   18,273       

poster program under this section.                                 18,274       

      Sec. 5101.324.  (A)  The department of human services, in    18,284       

accordance with Chapter 119. of the Revised Code, shall adopt      18,285       

rules governing a child support enforcement agency in              18,286       

establishing a paternity compliance unit and in adopting a         18,287       

paternity compliance plan pursuant to section 2301.357 of the      18,288       

Revised Code.  The rules shall include, but shall not be limited   18,289       

to, provisions for the following:                                  18,290       

      (1)  The procedure an agency shall follow to adopt and       18,292       

submit a paternity plan to the department of human services;       18,293       

      (2)  The information an agency shall include in its adopted  18,295       

paternity compliance plan, including, but not limited to, the      18,296       

manner in which the agency will service Title IV-D cases in        18,297       

accordance with federally mandated timeframes and the manner in    18,298       

which the agency intends to service more cases in order to meet    18,299       

the federal requirements;                                          18,300       

      (3)  A requirement that all plans adopted by an agency       18,302       

include establishing a paternity compliance unit;                  18,303       

      (4)  Any other procedures or requirements the department     18,305       

decides are necessary to adopt a paternity compliance plan and to  18,306       

establish a paternity compliance unit.                             18,307       

                                                          438    

                                                                 
      (B)  The department of human services shall report annually  18,309       

to the speaker of the house of representatives and the president   18,310       

of the senate regarding the paternity compliance plans and         18,311       

paternity compliance units and the progress the county agencies    18,312       

have made toward meeting the federal requirements for quickly and  18,313       

efficiently establishing parent and child relationships due to     18,314       

the paternity compliance plans and units.  The report shall        18,315       

include statistics on how long a case takes to establish           18,316       

paternity and the result of each request for a determination of    18,317       

the existence or nonexistence of paternity.                        18,318       

      (C)  The department of human services shall prepare          18,320       

pamphlets that discuss the benefit of establishing a parent and    18,321       

child relationship, the proper procedure for establishing a        18,322       

parent and child relationship between a father and his child, and  18,323       

a toll-free telephone number that interested persons may call for  18,324       

more information regarding the procedures for establishing a       18,325       

parent and child relationship.  The department shall make          18,326       

available the pamphlets AND AFFIDAVITS AND STATEMENTS DESCRIBED    18,327       

IN DIVISION (D) OF THIS SECTION to the department of health, TO    18,328       

EACH HOSPITAL IT HAS A CONTRACT WITH PURSUANT TO SECTION 3727.17   18,329       

OF THE REVISED CODE, and to any individual who requests a          18,330       

pamphlet.                                                                       

      (D)(1)  The department of human services shall prepare an    18,332       

acknowledgment of paternity statement AFFIDAVIT that includes in   18,333       

boldface type at the top of the statement AFFIDAVIT the rights     18,334       

and responsibilities of and the due process safeguards afforded    18,336       

to a person who acknowledges that he is the natural father of a    18,337       

child, including that if an alleged father acknowledges a parent   18,338       

and child relationship he assumes the parental duty of support,    18,339       

that both signators waive any right to a jury trial BRING AN       18,340       

ACTION PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE REVISED      18,341       

CODE OR MAKE A REQUEST PURSUANT TO SECTION 3111.22 OF THE REVISED  18,342       

CODE, OTHER THAN FOR PURPOSES OF RESCINDING THE ACKNOWLEDGMENT                  

PURSUANT TO DIVISION (B) OF SECTION 5101.314 OF THE REVISED CODE   18,343       

                                                          439    

                                                                 
in order to ensure expediency in resolving the question of the     18,345       

existence of a parent and child relationship, THAT EITHER PARENT   18,346       

MAY RESCIND THE ACKNOWLEDGMENT PURSUANT TO DIVISION (B) OF                      

SECTION 5101.314 OF THE REVISED CODE, and that the natural father  18,347       

has the right to petition a court pursuant to section 3109.12 of   18,348       

the Revised Code for an order granting him reasonable visitation   18,349       

with respect to the child and to petition the court for custody    18,350       

of the child pursuant to section 2151.23 of the Revised Code.      18,351       

The statement AFFIDAVIT shall include basic ALL OF THE FOLLOWING:  18,353       

      (a)  BASIC instructions for completing the form, including   18,356       

instructions that both the natural father and the mother or other  18,357       

legal guardian or custodian of the child are required to sign the  18,358       

statement before two competent and disinterested witnesses who     18,359       

are eighteen years of age or older. The statement shall include    18,360       

signature, THAT THEY MAY SIGN THE STATEMENT WITHOUT BEING IN EACH  18,361       

OTHER'S PRESENCE, AND THAT THE SIGNATURES MUST BE NOTARIZED.       18,363       

      (b)  BLANK SPACES TO ENTER THE FULL NAME, SOCIAL SECURITY    18,366       

NUMBER, DATE OF BIRTH AND ADDRESS OF EACH PARENT;                  18,367       

      (c)  BLANK SPACES TO ENTER THE FULL NAME, DATE OF BIRTH,     18,370       

AND THE RESIDENCE OF THE CHILD;                                                 

      (d)  A BLANK SPACE TO ENTER THE NAME OF THE HOSPITAL OR      18,373       

DEPARTMENT OF HEALTH CODE NUMBER ASSIGNED TO THE HOSPITAL, FOR     18,374       

USE IN SITUATIONS IN WHICH THE HOSPITAL FILLS OUT THE FORM         18,375       

PURSUANT TO SECTION 3727.17 OF THE REVISED CODE;                   18,377       

      (e)  AN AFFIRMATION BY THE MOTHER THAT THE INFORMATION SHE   18,380       

SUPPLIED IS TRUE TO THE BEST OF HER KNOWLEDGE AND BELIEF AND THAT  18,381       

SHE IS THE NATURAL MOTHER OF THE CHILD NAMED ON THE FORM AND       18,382       

ASSUMES THE PARENTAL DUTY OF SUPPORT OF THE CHILD;                 18,383       

      (f)  AN AFFIRMATION BY THE FATHER THAT THE INFORMATION HE    18,386       

SUPPLIED IS TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT HE  18,387       

HAS RECEIVED INFORMATION REGARDING HIS LEGAL RIGHTS AND            18,388       

RESPONSIBILITIES, THAT HE CONSENTS TO THE JURISDICTION OF THE      18,389       

COURTS OF THIS STATE, AND THAT HE IS THE NATURAL FATHER OF THE     18,390       

CHILD NAMED ON THE FORM AND ASSUMES THE PARENTAL DUTY OF SUPPORT   18,391       

                                                          440    

                                                                 
OF THE CHILD;                                                                   

      (g)  SIGNATURE lines for the mother or other legal guardian  18,394       

or custodian of the child, AND the natural father, and each        18,395       

witness;                                                                        

      (h)  SIGNATURE LINES FOR THE NOTARY PUBLIC;                  18,397       

      (i)  AN INSTRUCTION TO INCLUDE OR ATTACH ANY OTHER EVIDENCE  18,400       

NECESSARY TO COMPLETE THE NEW BIRTH RECORD THAT IS REQUIRED BY     18,401       

THE DEPARTMENT BY RULE.                                                         

      (2)  The department of human services shall prepare an       18,403       

agreement to genetic testing statement that includes a statement   18,404       

that the mother and the alleged natural father agree to be bound   18,405       

by the results of genetic testing, that both signators waive any   18,406       

right to a jury trial in order to ensure expediency in resolving   18,408       

the question of the existence of a parent and child relationship,  18,409       

that if the results of the genetic testing show a ninety-five per  18,410       

cent or greater probability that the alleged father is the         18,411       

natural father of the child, the administrative officer of the     18,412       

child support enforcement agency will issue an administrative      18,413       

order determining the existence of a parent and child              18,414       

relationship, that if the results show a less than ninety-five     18,415       

per cent probability that the alleged father is the natural        18,416       

father of the child but do not exclude him as the father, the      18,417       

administrative officer will issue an administrative order stating  18,418       

that the results are inconclusive as to whether the alleged        18,419       

natural father is the natural father of the child, and, if the     18,420       

results of genetic testing exclude the alleged natural father as   18,421       

the natural father of the child, the agency will issue an order    18,422       

determining the nonexistence of a parent and child relationship,   18,423       

that if the agency determines a parent and child relationship      18,424       

exists between the alleged father and the child, the father        18,425       

assumes the parental duty of support and he may be required to     18,426       

pay child support, and that if a parent and child relationship     18,427       

exists between the alleged father and the child, the father has    18,428       

the right to petition a court pursuant to section 3109.12 of the   18,429       

                                                          441    

                                                                 
Revised Code for an order granting him reasonable visitation with  18,430       

respect to the child and to petition the court for custody of the  18,431       

child pursuant to section 2151.23 of the Revised Code.  The        18,432       

statement shall include basic instructions for completing the      18,433       

agreement, including that both the mother and the alleged natural  18,434       

father must sign the agreement before two competent and            18,435       

disinterested witnesses who are eighteen years of age or older.    18,436       

The statement shall include signature lines for the mother, the    18,437       

alleged natural father, and each witness THE DEPARTMENT OF HUMAN   18,440       

SERVICES, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL     18,441       

ADOPT RULES SPECIFYING ADDITIONAL EVIDENCE NECESSARY TO COMPLETE   18,442       

A NEW BIRTH RECORD THAT IS REQUIRED TO BE INCLUDED WITH AN         18,443       

ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT.                                          

      (3)  The department of human services shall make available   18,445       

the statement AFFIDAVIT acknowledging paternity and the agreement  18,447       

to genetic testing to each county child support enforcement        18,448       

agency, the department of health, and any other person or agency   18,449       

that requests copies.                                              18,450       

      Sec. 5101.325.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION (I)   18,453       

OF SECTION 2301.35 OF THE REVISED CODE, THE DIVISION OF CHILD      18,455       

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES SHALL BE THE SOLE      18,456       

AGENCY OF THE STATE RESPONSIBLE FOR THE COLLECTION OF ALL SUPPORT  18,457       

PAYMENTS DUE UNDER SUPPORT ORDERS AND THE DISBURSEMENT OF THE      18,459       

PAYMENTS TO OBLIGEES.  THE DIVISION SHALL MAKE COLLECTIONS AND     18,460       

DISBURSEMENTS IN COMPLIANCE WITH RULES ADOPTED PURSUANT TO         18,461       

DIVISION (F) OF THIS SECTION.                                                   

      (2)  IN ORDER TO COMPLY WITH ITS COLLECTION AND              18,463       

DISBURSEMENT RESPONSIBILITIES, THE DIVISION MAY REQUIRE THE        18,464       

DIRECTOR OF EACH CHILD SUPPORT ENFORCEMENT AGENCY TO AUTHORIZE     18,465       

THE DIVISION TO USE THAT DIRECTOR'S FACSIMILE SIGNATURE IF THE     18,466       

DIVISION DETERMINES THE SIGNATURE'S USE IS NECESSARY.  AN AGENCY   18,467       

DIRECTOR SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR                

ANY DAMAGE OR INJURY TO PERSONS OR PROPERTY THAT RESULT FROM THE   18,468       

USE OF THE FACSIMILE SIGNATURE BY THE STATE.                       18,469       

                                                          442    

                                                                 
      (B)(1)  THE DIVISION SHALL COLLECT THE CHARGE IMPOSED ON     18,471       

THE OBLIGOR UNDER THE SUPPORT ORDER PURSUANT TO DIVISION (H)(1)    18,472       

OF SECTION 2301.35 OF THE REVISED CODE.  IF AN OBLIGOR FAILS TO    18,474       

PAY THE REQUIRED AMOUNT WITH EACH CURRENT SUPPORT PAYMENT DUE IN   18,475       

INCREMENTS SPECIFIED UNDER THE SUPPORT ORDER, THE DIVISION SHALL   18,476       

MAINTAIN A SEPARATE ARREARAGE ACCOUNT OF THAT AMOUNT FOR THAT      18,477       

OBLIGOR.  THE DIVISION SHALL NOT DEDUCT THE UNPAID AMOUNT FROM     18,478       

ANY SUPPORT PAYMENT DUE TO THE OBLIGEE IN INCREMENTS SPECIFIED     18,479       

UNDER THE SUPPORT ORDER.  IF AN OBLIGOR PAYS THE REQUIRED AMOUNT,  18,480       

THE DIVISION IS NOT REQUIRED TO APPLY THAT PAYMENT TOWARD ANY      18,481       

ARREARAGES UNDER THE SUPPORT PAYMENT.                              18,482       

      (2)  THE DIVISION, ON RECEIPT OF PROGRAM INCOME FROM A       18,484       

CHILD SUPPORT ENFORCEMENT AGENCY UNDER SECTION 3111.99 OR 3113.99  18,485       

OF THE REVISED CODE, SHALL PLACE IT IN THE PROGRAM INCOME FUND     18,486       

ESTABLISHED PURSUANT TO DIVISION (E) OF THIS SECTION.              18,487       

      (3)  ALL CHARGE AMOUNTS COLLECTED PURSUANT TO DIVISION       18,490       

(B)(1) OF THIS SECTION SHALL BE PLACED IN THE PROGRAM INCOME FUND  18,491       

ESTABLISHED PURSUANT TO DIVISION (E) OF THIS SECTION.  ON RECEIPT  18,493       

OF THE CHARGES, THE DIVISION SHALL DETERMINE THE CHARGE AMOUNTS    18,494       

COLLECTED FROM OBLIGORS UNDER SUPPORT ORDERS BEING ADMINISTERED    18,495       

BY A CHILD SUPPORT ENFORCEMENT AGENCY IN EACH COUNTY AND SHALL     18,496       

DISTRIBUTE QUARTERLY TO EACH SUCH AGENCY AN AMOUNT EQUAL TO THE    18,497       

CHARGES ATTRIBUTABLE TO THE AGENCY.  NO CHARGE AMOUNTS COLLECTED   18,499       

PURSUANT TO THIS DIVISION SHALL BE USED BY THE DIVISION OR AN      18,500       

AGENCY FOR ANY PURPOSE OTHER THAN THE PROVISION OF FUNDS FOR       18,501       

SUPPORT ENFORCEMENT ACTIVITIES.                                                 

      (C)  THE DIVISION MAY ENTER INTO CONTRACTS WITH PUBLIC       18,504       

ENTITIES OR PRIVATE VENDORS FOR THE COLLECTION OF AMOUNTS DUE      18,505       

UNDER SUPPORT ORDERS OR FOR THE PERFORMANCE OF OTHER               18,506       

ADMINISTRATIVE DUTIES OF THE DIVISION.  THE DIVISION MAY CONTRACT  18,507       

WITH A PUBLIC OR PRIVATE ENTITY FOR THE COLLECTION OF ARREARAGES   18,508       

OWED UNDER ANY CHILD SUPPORT ORDER FOR WHICH A COURT OR A CHILD    18,510       

SUPPORT ENFORCEMENT AGENCY HAS FOUND THE OBLIGOR IN DEFAULT        18,511       

PURSUANT TO A FINAL AND ENFORCEABLE ORDER ISSUED PURSUANT TO       18,512       

                                                          443    

                                                                 
DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE.  EACH         18,513       

CONTRACT SHALL COMPLY WITH THE RULES ADOPTED PURSUANT TO DIVISION  18,515       

(F) OF THIS SECTION.                                                            

      (D)  THE DIVISION SHALL MAINTAIN A SEPARATE ACCOUNT FOR THE  18,518       

DEPOSIT OF SUPPORT PAYMENTS IT RECEIVES AS TRUSTEE FOR REMITTANCE  18,519       

TO THE PERSONS ENTITLED TO RECEIVE THE SUPPORT PAYMENTS.  THE      18,520       

DIVISION SHALL DISBURSE EACH SUPPORT PAYMENT RECEIVED BY IT TO     18,522       

THE APPROPRIATE PERSONS PURSUANT TO DIVISION (C) OF SECTION                     

3113.211 OF THE REVISED CODE.  THE DIVISION SHALL COMPLY WITH      18,524       

RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION TO ASSIST IN THE  18,525       

IMPLEMENTATION OF THIS DIVISION.  THE DIVISION SHALL RETAIN AND                 

USE SOLELY FOR SUPPORT ENFORCEMENT ACTIVITIES, ALL INTEREST        18,527       

EARNED ON MONEYS IN ANY ACCOUNT MAINTAINED PURSUANT TO THIS        18,528       

DIVISION.                                                                       

      (E)  THE PROGRAM INCOME FUND IS HEREBY CREATED IN THE STATE  18,530       

TREASURY.  THE FUND SHALL CONSIST OF CHARGE AMOUNTS COLLECTED      18,532       

UNDER DIVISION (B)(1) OF THIS SECTION AND PROGRAM INCOME           18,533       

COLLECTED UNDER DIVISION (B)(2) OF THIS SECTION, DIVISION (E) OF   18,534       

SECTION 3111.99 OF THE REVISED CODE, AND DIVISION (E) OF SECTION   18,535       

3113.99 OF THE REVISED CODE, AND ANY OTHER PROGRAM INCOME.  THE    18,536       

FUNDS SHALL BE USED BY THE DIVISION OF CHILD SUPPORT AND CHILD     18,537       

SUPPORT ENFORCEMENT AGENCIES FOR PURPOSES OF PROVIDING FUNDS FOR   18,538       

CHILD SUPPORT ENFORCEMENT ACTIVITIES.                              18,539       

      (F)  THE DEPARTMENT OF HUMAN SERVICES, PURSUANT TO CHAPTER   18,542       

119. OF THE REVISED CODE SHALL ADOPT RULES THAT DO ALL OF THE      18,544       

FOLLOWING:                                                                      

      (1)  GOVERN COLLECTION AND DISBURSEMENT OF CHILD SUPPORT     18,546       

AMOUNTS IN COMPLIANCE WITH SECTIONS 454, 454B, AND 466 OF THE      18,549       

"SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY  18,553       

AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105,  18,558       

42 U.S.C. 654, 654B, AND 666, AND ANY REGULATIONS ADOPTED UNDER    18,561       

THE ACT;                                                                        

      (2)  GOVERNING THE METHOD OF SENDING PROCESSING CHARGE       18,563       

AMOUNTS TO CHILD SUPPORT ENFORCEMENT AGENCIES;                     18,564       

                                                          444    

                                                                 
      (3)  ASSIST IN THE IMPLEMENTATION OF SEPARATE ACCOUNTS FOR   18,566       

SUPPORT PAYMENTS RECEIVED BY THE DIVISION;                         18,567       

      (4)  GOVERN THE PROCESS OF ENTERING INTO AND THE PROVISIONS  18,570       

OF CONTRACTS DESCRIBED IN DIVISION (C) OF THIS SECTION.            18,571       

      Sec. 5101.326.  THE DIVISION OF CHILD SUPPORT IN THE         18,573       

DEPARTMENT OF HUMAN SERVICES MAY ASK THE SECRETARY OF THE          18,574       

TREASURY FOR, AND MAY ENTER INTO A RECIPROCAL AGREEMENT WITH THE   18,575       

SECRETARY TO OBTAIN, ADMINISTRATIVE OFFSETS TO COLLECT PAST DUE    18,576       

CHILD SUPPORT AMOUNTS IN ACCORDANCE WITH THE "DEBT COLLECTION      18,577       

IMPROVEMENT ACT OF 1996," 110 STAT. 1321, 31 U.S.C. 3716(a) AND    18,578       

(h).  THE DIVISION SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER    18,579       

119. OF THE REVISED CODE TO ESTABLISH PROCEDURES NECESSARY TO      18,580       

RECEIVE THE ADMINISTRATIVE OFFSETS.                                             

      Sec. 5101.327.  (A)  AS USED IN THIS SECTION, "SUPPORT       18,582       

ORDER" HAS THE SAME MEANING AS IN SECTION 2301.34 OF THE REVISED   18,584       

CODE.                                                                           

      (B)  THE DIRECTOR OF COMMERCE SHALL PROVIDE THE DIVISION OF  18,586       

CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES NO LATER THAN    18,587       

THE FIRST DAY OF MARCH OF EACH YEAR, THE NAME, ADDRESS, SOCIAL     18,589       

SECURITY NUMBER, IF THE SOCIAL SECURITY NUMBER IS AVAILABLE, AND   18,590       

ANY OTHER IDENTIFYING INFORMATION FOR ANY INDIVIDUAL INCLUDED IN   18,591       

A REQUEST SENT BY THE DIVISION PURSUANT TO DIVISION (C) OF THIS    18,593       

SECTION WHO HAS UNCLAIMED FUNDS DELIVERED OR REPORTED TO THE       18,594       

STATE UNDER CHAPTER 169. OF THE REVISED CODE.                      18,595       

      (C)  THE DIVISION SHALL, NO LATER THAN THE FIRST DAY OF      18,598       

FEBRUARY OF EACH YEAR, SEND TO THE DIRECTOR OF COMMERCE A REQUEST  18,599       

CONTAINING THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OF ALL    18,600       

OBLIGORS IN DEFAULT UNDER A SUPPORT ORDER BEING ADMINISTERED BY A  18,601       

CHILD SUPPORT ENFORCEMENT AGENCY OF THIS STATE AND REQUESTS THAT   18,602       

THE DIRECTOR PROVIDE INFORMATION TO THE DIVISION AS REQUIRED IN    18,603       

DIVISION (B) OF THIS SECTION.  IF THE INFORMATION THE DIRECTOR     18,605       

PROVIDES IDENTIFIES OR RESULTS IN IDENTIFYING UNCLAIMED FUNDS      18,606       

HELD BY THE STATE FOR AN OBLIGOR IN DEFAULT, THE DIVISION SHALL    18,607       

FILE A CLAIM UNDER SECTION 169.08 OF THE REVISED CODE TO RECOVER                

                                                          445    

                                                                 
THE UNCLAIMED FUNDS.  IF THE DIRECTOR ALLOWS THE CLAIM, THE        18,608       

DIRECTOR SHALL PAY THE CLAIM DIRECTLY TO THE DIVISION.  THE        18,609       

DIRECTOR SHALL NOT DISALLOW A CLAIM MADE BY THE DIVISION BECAUSE   18,610       

THE DIVISION IS NOT THE OWNER OF THE UNCLAIMED FUNDS ACCORDING TO  18,611       

THE REPORT MADE PURSUANT TO SECTION 169.03 OF THE REVISED CODE.    18,612       

      (D)  THE DEPARTMENT OF HUMAN SERVICES, IN CONSULTATION WITH  18,614       

THE DEPARTMENT OF COMMERCE, MAY ADOPT RULES IN ACCORDANCE WITH     18,615       

CHAPTER 119. OF THE REVISED CODE TO AID IN IMPLEMENTATION OF THIS  18,616       

SECTION.                                                                        

      Sec. 5101.37.  (A)  The department of human services and     18,626       

each child support enforcement agency may make any investigations  18,627       

that are necessary in the performance of its THEIR duties, and to  18,628       

that end they shall have the same power as a judge of a county     18,629       

court to administer oaths and to enforce the attendance and        18,630       

testimony of witnesses and the production of books or papers.      18,631       

      The department and each child support enforcement agency     18,633       

shall keep a record of its THEIR investigations stating the time,  18,634       

place, charges or subject, witnesses summoned and examined, and    18,635       

its THEIR conclusions.                                             18,636       

      In matters involving the conduct of an officer, a            18,638       

stenographic report of the evidence shall be taken and a copy of   18,639       

the report, with all documents introduced, kept on file at the     18,640       

office of the department or the agency.                            18,641       

      The fees of witnesses for attendance and travel shall be     18,643       

the same as in the court of common pleas, but no officer or        18,644       

employee of the institution under investigation is entitled to     18,645       

such fees.                                                         18,646       

      (B)  In conducting hearings pursuant to sections 3113.21 to  18,648       

3113.217 3113.216 or pursuant to division (B) of section 5101.35   18,650       

of the Revised Code, the department and each child support         18,652       

enforcement agency have the same power as a judge of a county      18,653       

court to administer oaths and to enforce the attendance and        18,654       

testimony of witnesses and the production of books or papers.      18,655       

The department and each agency shall keep a record of those        18,656       

                                                          446    

                                                                 
hearings stating the time, place, charges or subject, witnesses    18,657       

summoned and examined, and its THEIR conclusions.                  18,658       

      The issuance of a subpoena by the department or a child      18,660       

support enforcement agency to enforce attendance and testimony of  18,661       

witnesses and the production of books or papers at a hearing is    18,662       

discretionary and the department or agency is not required to pay  18,663       

the fees of witnesses for attendance and travel.                   18,664       

      (C)  Any judge of the probate court or of the court of       18,666       

common pleas, upon application of the department or a child        18,667       

support enforcement agency, may compel the attendance of           18,668       

witnesses, the production of books or papers, and the giving of    18,669       

testimony before the department or agency, by a judgment for       18,670       

contempt or otherwise, in the same manner as in cases before       18,671       

those courts.                                                      18,672       

      Sec. 5107.07.  (A)  The acceptance of aid under this         18,681       

chapter constitutes an assignment to the department of human       18,682       

services of any rights an individual receiving aid has to support  18,683       

from any other person, excluding medical support assigned          18,684       

pursuant to section 5101.59 of the Revised Code.  The rights to    18,685       

support assigned to the department pursuant to this section        18,686       

constitute an obligation of the person who is responsible for      18,687       

providing the support to the state for the amount of aid payments  18,688       

to the recipient or recipients whose needs are included in         18,689       

determining the amount of aid received.  Support payments          18,690       

assigned to the state pursuant to this section shall be collected  18,691       

by the county administration DIVISION OF CHILD SUPPORT IN THE      18,692       

DEPARTMENT OF HUMAN SERVICES, and reimbursements for aid payments  18,693       

shall be credited to the county, state, and federal governments    18,694       

in the same proportions as they participate in the financing of    18,695       

such payments.  Support obligations owed to children shall be      18,696       

distributed in accordance with laws and rules applicable to the    18,697       

federal child support program under the "Social Services           18,698       

Amendments of 1974," 88 Stat. 2351, 42 U.S.C.A. 651, as amended.   18,699       

      (B)  If a child support enforcement agency THE DIVISION      18,701       

                                                          447    

                                                                 
receives in any month support payments that are made in            18,702       

accordance with a support order and that are subject to division   18,703       

(A) of this section, the agency DIVISION, in accordance with       18,704       

division (A) of this section and the rules adopted pursuant to     18,705       

division (D) of this section, shall pay the support payments to    18,706       

the department of human services.  Upon receipt of any support     18,707       

payments pursuant to this division, the department, in accordance  18,708       

with the rules adopted pursuant to division (D) of this section    18,709       

and to the extent applicable, shall do all of the following:       18,710       

      (1)  If any of the support payments are received by the      18,712       

child support enforcement agency in the month in which they were   18,713       

due under the support order, pay the first fifty dollars of those  18,714       

payments or the amount payable pursuant to division (E) of this    18,715       

section to the obligee no later than fifteen days after the last   18,716       

of those payments were received in the applicable month by the     18,717       

agency DIVISION;                                                   18,718       

      (2)  If any of the support payments are received by the      18,720       

child support enforcement agency in a month subsequent to the      18,721       

month in which the payments were due under the support order and   18,722       

if the obligor made the support payments in the month in which     18,723       

they were due under the support order, pay the first fifty         18,724       

dollars of those support payments or the amount payable pursuant   18,725       

to division (E) of this section to the obligee no later than       18,726       

fifteen days after the last of those payments were received in     18,727       

the applicable month by the agency DIVISION;                       18,728       

      (3)  If divisions (B)(1) and (2) of this section are not     18,730       

applicable, pay the full amount of the support payments to the     18,731       

appropriate governmental entities in accordance with division (A)  18,732       

of this section and the rules adopted pursuant to division (D) of  18,733       

this section.                                                      18,734       

      (C)  Child support collections received by the state         18,736       

pursuant to this section shall be deposited in the state treasury  18,737       

to the credit of the child support collections fund, which is      18,738       

hereby created.  Money credited to the fund shall be used to make  18,739       

                                                          448    

                                                                 
aid payments under this chapter.                                   18,740       

      (D)  The department of human services, in accordance with    18,742       

section 111.15 of the Revised Code, shall adopt rules              18,743       

establishing procedures for the administration of this section.    18,744       

The rules shall include, but are not limited to, all of the        18,745       

following:                                                         18,746       

      (1)  Procedures to ensure that the payments required by      18,748       

divisions (B)(1) and (2) of this section are made within the       18,749       

required period of time;                                           18,750       

      (2)  Procedures establishing a period of time within which   18,752       

child support enforcement agencies are required to pay support     18,753       

payments to the department of human services pursuant to division  18,754       

(B) of this section, which specified period of time shall enable   18,755       

the department to comply with the time deadlines in divisions      18,756       

(B)(1) and (2) of this section;                                    18,757       

      (3)  Procedures to ensure compliance with division (E) of    18,759       

this section;                                                      18,760       

      (4)(3)  Any other procedures necessary to ensure compliance  18,762       

with any applicable state or federal laws.                         18,763       

      (E)  If the amount of support payments that federal law      18,765       

requires to be disregarded in determining eligibility for aid      18,766       

under this chapter exceeds fifty dollars, the amount paid to an    18,767       

obligee pursuant to divisions (B)(1) and (2) of this section       18,768       

shall be the amount that federal law requires to be disregarded    18,769       

when determining the eligibility of the family of an obligee for   18,770       

aid under this chapter.                                            18,771       

      (F)  As used in this section, "support order," "support,"    18,773       

"obligee," and "obligor" have the same meanings as in section      18,774       

3113.21 of the Revised Code.                                       18,775       

      Section 2.  That existing sections 149.43, 169.03, 169.08,   18,777       

329.04, 1336.07, 1336.08, 1349.01, 1533.82, 2105.18, 2151.23,      18,779       

2151.231, 2151.33, 2151.49, 2301.34, 2301.35, 2301.353, 2301.356,  18,780       

2301.357, 2301.358, 2301.36, 2301.37, 2301.371, 2301.373,          18,781       

2301.374, 2705.02, 2919.21, 2919.231, 3103.03, 3103.031, 3105.18,               

                                                          449    

                                                                 
3105.21, 3107.01, 3107.06, 3107.064, 3109.05, 3109.12, 3109.19,    18,784       

3111.02, 3111.03, 3111.04, 3111.06, 3111.07, 3111.09, 3111.12,     18,785       

3111.13, 3111.20, 3111.22, 3111.23, 3111.24, 3111.241, 3111.242,   18,787       

3111.25, 3111.26, 3111.27, 3111.28, 3111.37, 3111.99, 3113.04,     18,788       

3113.07, 3113.21, 3113.211, 3113.212, 3113.213, 3113.215,          18,789       

3113.216, 3113.217, 3113.218, 3113.219, 3113.31, 3113.99,                       

3705.07, 3705.09, 3705.16, 3727.17, 3770.071, 3924.48, 3924.49,    18,790       

4141.16, 4141.162, 4141.28, 5101.31, 5101.311, 5101.312,           18,791       

5101.322, 5101.324, 5101.37, and 5107.07, and sections 329.043,    18,792       

2301.351, 2301.352, 2301.42, 3111.21, 3113.214, 3115.01, 3115.02,  18,793       

3115.03, 3115.04, 3115.05, 3115.06, 3115.07, 3115.08, 3115.09,     18,795       

3115.10, 3115.11, 3115.12, 3115.13, 3115.14, 3115.15, 3115.16,     18,796       

3115.17, 3115.18, 3115.19, 3115.20, 3115.21, 3115.22, 3115.23,     18,797       

3115.24, 3115.25, 3115.26, 3115.27, 3115.28, 3115.29, 3115.30,     18,798       

3115.31, 3115.32, 3115.33, 3115.34, and 3701.042 of the Revised    18,799       

Code are hereby repealed.                                                       

      Section 3.  The General Assembly recognizes that in certain  18,802       

instances, the wording of this act differs from that of the        18,803       

Uniform Interstate Family Support Act approved by the National     18,804       

Conference of Commissioners on Uniform State Laws.  Any such       18,805       

dissimilarity denotes a technical change or is made to reflect     18,806       

the intent of the Commissioners as expressed in the Comments to    18,807       

the Uniform Interstate Family Support Act.                         18,808       

      Section 4.  Sections 1 through 3 of this act shall take      18,810       

effect January 1, 1998.                                                         

      Section 5.  Section 2301.355 of the Revised Code, which is   18,812       

presented in this act in all capital letters, is revived by this   18,813       

act, and section 5101.323 of the Revised Code, although not        18,814       

presented in this act in all capital letters, is revived in        18,815       

revised form by this act.  Section 5 of Am. Sub. S.B. 292 of the   18,816       

121st General Assembly repealed Section 3 of Am. Sub. S.B. 10 of   18,817       

the 119th General Assembly, which latter section repealed          18,818       

sections 2301.355 and 5101.323 of the Revised Code effective       18,819       

October 1, 1996.  Section 5 of Am. Sub. S.B. 292, however, did     18,820       

                                                          450    

                                                                 
not become effective until November 6, 1996, after the repeal of   18,821       

sections 2301.355 and 5101.323 of the Revised Code by Section 3    18,822       

of Am. Sub. S.B. 10 had taken effect on October 1, 1996.  While    18,823       

legislative intent to retain sections 2301.355 and 5101.323 of     18,824       

the Revised Code is explicit in Section 5 of Am. Sub. S.B. 292,    18,825       

efficacy of the legislative intent is uncertain because Ohio       18,826       

Constitution, Article II, Section 15(D) states that repealed       18,827       

sections may not be revived "unless the new act contains the       18,828       

entire act revived," and sections 2301.355 and 5101.323 of the     18,829       

Revised Code are not set forth in their entirety in Am. Sub. S.B.  18,830       

292.  This act, in confirmation of the legislative intent stated   18,831       

in Section 5 of Am. Sub. S.B. 292, revives section 2301.355 of     18,832       

the Revised Code by setting forth the section in its entirety,     18,833       

and revives section 5101.323 of the Revised Code by setting forth  18,835       

the section in its revised entirety.                                            

      Section 6.  Section 2301.34 of the Revised Code is           18,838       

presented in this act as a composite of the section as amended by  18,839       

both Sub. H.B. 274 and Am. Sub. S.B. 292  of the 121st General     18,840       

Assembly, with the new language of neither of the acts shown in    18,841       

capital letters.  Section 2301.35 of the Revised Code is           18,843       

presented in this act as a composite of the section as amended by  18,844       

Sub. H.B. 274, Sub. H.B. 357, and Am. Sub. S.B. 292 of the 121st   18,845       

General Assembly, with the new language of none of the acts shown  18,846       

in capital letters.  Sections 2919.21 and 2919.231 of the Revised  18,847       

Code are presented in this act as composites of the sections as    18,848       

amended by both Sub. H.B. 274 and Am. Sub. S.B. 269 of the 121st   18,849       

General Assembly, with the new language of neither of the acts     18,850       

shown in capital letters.  Section 3111.99 of the Revised Code is  18,851       

presented in this act as a composite of the section as amended by               

both Sub. H.B. 167 and Am. Sub. S.B. 2 of the 121st General        18,852       

Assembly, with the new language of neither of the acts shown in    18,853       

capital letters.  Section 3113.21 of the Revised Code is           18,854       

presented in this act as a composite of the section as amended by  18,855       

both Sub. H.B. 274 and Am. Sub. S.B. 292 of the 121st General      18,856       

                                                          451    

                                                                 
Assembly, with the new language of neither of the acts shown in    18,857       

capital letters.  Section 3113.31 of the Revised Code is           18,858       

presented in this act as a composite of the section as amended by  18,859       

both Sub. H.B. 274 and Am. Sub. H.B. 438 of the 121st General      18,860       

Assembly, with the new language of neither of the acts shown in    18,861       

capital letters.  Section 3113.99 of the Revised Code is           18,862       

presented in this act as a composite of the section as amended by  18,863       

both Am. Sub. S.B. 2 and Sub. H.B. 167 of the 121st General        18,864       

Assembly, with the new language of neither of the acts shown in    18,865       

capital letters.  This is in recognition of the principle stated   18,866       

in division (B) of section 1.52 of the Revised Code that such      18,867       

amendments are to be harmonized where not substantively            18,868       

irreconcilable and constitutes a legislative finding that such is  18,869       

the resulting version in effect prior to the effective date of     18,870       

this act.                                                                       

      Section 7.  The Department of Human Services shall conduct   18,872       

a study regarding the efficacy of continuing to impose the         18,873       

processing charge required by division (H) of section 2301.35 of   18,874       

the Revised Code in light of the centralized collection and        18,876       

disbursement system established by this act.  The Department       18,877       

shall file the results of the study with the Governor, the         18,878       

Speaker of the House of Representatives, and the President of the  18,879       

Senate by July 1, 1998.  The study shall include a cost benefit    18,880       

analysis of the costs of collecting the charge as compared to the  18,881       

loss of federal funding that occurs as a result of its             18,882       

collection.  It shall also include a recommendation regarding      18,883       

alternative sources of funding to restore any net loss of funding  18,884       

that would occur if the charge were no longer imposed.             18,885