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
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(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
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(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
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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
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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
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(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
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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
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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
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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
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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
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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
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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