As Passed by the House                        1            

122nd General Assembly                                             4            

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

      1997-1998                                                    6            


 REPRESENTATIVES WINKLER-LAWRENCE-O'BRIEN-CLANCY-SALERNO-VESPER-   8            

             REID-GARCIA-HARRIS-SYKES-TAVARES-JONES                9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 149.43, 169.03, 169.08, 329.04,     13           

                1336.07, 1336.08, 1349.01, 1533.82, 2105.18,       14           

                2151.23, 2151.231, 2151.33, 2151.49, 2301.34,                   

                2301.35, 2301.353, 2301.356, 2301.357, 2301.358,   15           

                2301.36, 2301.37, 2301.371, 2301.373, 2301.374,    17           

                2705.02, 2919.21, 2919.231, 3103.03, 3103.031,                  

                3105.18, 3105.21, 3107.01, 3107.06, 3107.064,      19           

                3109.05, 3109.12, 3109.19, 3111.02, 3111.03,                    

                3111.04, 3111.06, 3111.07, 3111.09, 3111.12,       20           

                3111.13, 3111.20, 3111.22, 3111.23, 3111.24,       21           

                3111.241, 3111.242, 3111.25, 3111.26, 3111.27,                  

                3111.28, 3111.37, 3111.99, 3113.04, 3113.07,       22           

                3113.21, 3113.211, 3113.212, 3113.213, 3113.215,   23           

                3113.216, 3113.217, 3113.218, 3113.219, 3113.31,                

                3113.99, 3705.07, 3705.09, 3705.16, 3727.17,       24           

                3770.071, 3924.48, 3924.49, 4141.16, 4141.162,     25           

                4141.28, 5101.31, 5101.311, 5101.312, 5101.322,                 

                5101.324, 5101.37, and 5107.07; to amend for       26           

                purposes of adopting a new section number 2105.18  27           

                (5101.314); to revive section 2301.355 and revive  28           

                section 5101.323 in revised form; to enact new     29           

                sections 3111.21, 3115.01, 3115.02, 3115.03,                    

                3115.04, 3115.05, 3115.06, 3115.07, 3115.08,       30           

                3115.09, 3115.10, 3115.11, 3115.12, 3115.13,       31           

                3115.14, 3115.15, 3115.16, 3115.17, 3115.18,                    

                3115.19, 3115.20, 3115.21, 3115.22, 3115.23,       32           

                3115.24, 3115.25, 3115.26, 3115.27, 3115.28,       33           

                                                          2      

                                                                 
                3115.29, 3115.30, 3115.31, 3115.32, 3115.33, and   34           

                3115.34, and sections 2151.232, 2301.375,                       

                2301.43, 2301.44, 2301.45, 2301.46, 3105.72,       35           

                3109.042, 3111.111, 3111.211, 3111.221, 3111.231,               

                3115.35, 3115.36, 3115.37, 3115.38, 3115.39,       36           

                3115.40, 3115.41, 3115.42, 3115.43, 3115.44,       37           

                3115.45, 3115.46, 3115.47, 3115.48, 3115.49,       38           

                3115.50, 3115.51, 3115.52, 3115.53, 3115.54,                    

                3115.55, 3115.56, 3115.57, 3115.58, 3115.59,       39           

                3705.091, 5101.315, 5101.316, 5101.317, 5101.318,  40           

                5101.319, 5101.325, 5101.326, and 5101.327; and    41           

                to repeal sections 329.043, 2301.351, 2301.352,    43           

                2301.42, 3111.21, 3113.214, 3115.01, 3115.02,                   

                3115.03, 3115.04, 3115.05, 3115.06, 3115.07,       45           

                3115.08, 3115.09, 3115.10, 3115.11, 3115.12,                    

                3115.13, 3115.14, 3115.15, 3115.16, 3115.17,       46           

                3115.18, 3115.19, 3115.20, 3115.21, 3115.22,       47           

                3115.23, 3115.24, 3115.25, 3115.26, 3115.27,                    

                3115.28, 3115.29, 3115.30, 3115.31, 3115.32,       48           

                3115.33, 3115.34, and 3701.042 of the Revised      49           

                Code to make changes to the laws governing child                

                support.                                           50           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        52           

      Section 1.  That sections 149.43, 169.03, 169.08, 329.04,    54           

1336.07, 1336.08, 1349.01, 1533.82, 2105.18, 2151.23, 2151.231,    56           

2151.33, 2151.49, 2301.34, 2301.35, 2301.353, 2301.356, 2301.357,  57           

2301.358, 2301.36, 2301.37, 2301.371, 2301.373, 2301.374,          59           

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,    61           

3111.03, 3111.04, 3111.06, 3111.07, 3111.09, 3111.12, 3111.13,     62           

3111.20, 3111.22, 3111.23, 3111.24, 3111.241, 3111.242, 3111.25,   63           

3111.26, 3111.27, 3111.28, 3111.37, 3111.99, 3113.04, 3113.07,     64           

3113.21, 3113.211, 3113.212, 3113.213, 3113.215, 3113.216,         65           

                                                          3      

                                                                 
3113.217, 3113.218, 3113.219, 3113.31, 3113.99, 3705.07, 3705.09,  66           

3705.16, 3727.17, 3770.071, 3924.48, 3924.49, 4141.16, 4141.162,   67           

4141.28, 5101.31, 5101.311, 5101.312, 5101.322, 5101.324,          68           

5101.37, and 5107.07 be amended; section 2105.18 (5101.314) be     69           

amended for the purpose of adopting a new section number as                     

indicated in the parentheses; section 2301.355 be revived and      70           

section 5101.323 be revived in revised form; and new sections      71           

3111.21, 3115.01, 3115.02, 3115.03, 3115.04, 3115.05, 3115.06,     74           

3115.07, 3115.08, 3115.09, 3115.10, 3115.11, 3115.12, 3115.13,     75           

3115.14, 3115.15, 3115.16, 3115.17, 3115.18, 3115.19, 3115.20,     76           

3115.21, 3115.22, 3115.23, 3115.24, 3115.25, 3115.26, 3115.27,     77           

3115.28, 3115.29, 3115.30, 3115.31, 3115.32, 3115.33, and          78           

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

2301.45, 2301.46, 3105.72, 3109.042, 3111.111, 3111.211,           79           

3111.221, 3111.231, 3115.35, 3115.36, 3115.37, 3115.38, 3115.39,   80           

3115.40, 3115.41, 3115.42, 3115.43, 3115.44, 3115.45, 3115.46,     81           

3115.47, 3115.48, 3115.49, 3115.50, 3115.51, 3115.52, 3115.53,     82           

3115.54, 3115.55, 3115.56, 3115.57, 3115.58, 3115.59, 3705.091,    83           

5101.315, 5101.316, 5101.317, 5101.318, 5101.319, 5101.325,        85           

5101.326, and 5101.327 of the Revised Code be enacted to read as   86           

follows:                                                                        

      Sec. 149.43.  (A)  As used in this section:                  95           

      (1)  "Public record" means any record that is kept by any    97           

public office, including, but not limited to, state, county,       98           

city, village, township, and school district units, except that    100          

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

      (a)  Medical records;                                        102          

      (b)  Records pertaining to probation and parole              104          

proceedings;                                                                    

      (c)  Records pertaining to actions under section 2151.85 of  106          

the Revised Code and to appeals of actions arising under that      107          

section;                                                                        

      (d)  Records pertaining to adoption proceedings, including   109          

the contents of an adoption file maintained by the department of   110          

                                                          4      

                                                                 
health under section 3705.12 of the Revised Code;                  111          

      (e)  Information in a record contained in the putative       113          

father registry established by section 3107.062 of the Revised     114          

Code, regardless of whether the information is held by the         115          

department of human services or, pursuant to section 5101.313 of   116          

the Revised Code, the division of child support in the department  117          

or a child support enforcement agency;                                          

      (f)  Records listed in division (A) of section 3107.42 of    119          

the Revised Code or specified in division (A) of section 3107.52   120          

of the Revised Code;                                                            

      (g)  Trial preparation records;                              122          

      (h)  Confidential law enforcement investigatory records;     124          

      (i)  Records containing information that is confidential     126          

under section 2317.023 or 4112.05 of the Revised Code;             127          

      (j)  DNA records stored in the DNA database pursuant to      130          

section 109.573 of the Revised Code;                                            

      (k)  Inmate records released by the department of            132          

rehabilitation and correction to the department of youth services  134          

or a court of record pursuant to division (E) of section 5120.21   135          

of the Revised Code;                                                            

      (l)  Records maintained by the department of youth services  137          

pertaining to children in its custody released by the department   138          

of youth services to the department of rehabilitation and          139          

correction pursuant to section 5139.05 of the Revised Code;        140          

      (m)  Intellectual property records;                          142          

      (n)  Donor profile records;                                  144          

      (o)  RECORDS MAINTAINED BY THE DEPARTMENT OF HUMAN SERVICES  146          

PURSUANT TO SECTION 5101.312 OF THE REVISED CODE;                  147          

      (p)  Records the release of which is prohibited by state or  149          

federal law.                                                       150          

      (2)  "Confidential law enforcement investigatory record"     152          

means any record that pertains to a law enforcement matter of a    153          

criminal, quasi-criminal, civil, or administrative nature, but     154          

only to the extent that the release of the record would create a   155          

                                                          5      

                                                                 
high probability of disclosure of any of the following:            156          

      (a)  The identity of a suspect who has not been charged      158          

with the offense to which the record pertains, or of an            159          

information source or witness to whom confidentiality has been     160          

reasonably promised;                                               161          

      (b)  Information provided by an information source or        163          

witness to whom confidentiality has been reasonably promised,      164          

which information would reasonably tend to disclose the source's   165          

or witness's identity;                                             166          

      (c)  Specific confidential investigatory techniques or       168          

procedures or specific investigatory work product;                 169          

      (d)  Information that would endanger the life or physical    171          

safety of law enforcement personnel, a crime victim, a witness,    172          

or a confidential information source.                              173          

      (3)  "Medical record" means any document or combination of   175          

documents, except births, deaths, and the fact of admission to or  176          

discharge from a hospital, that pertains to the medical history,   177          

diagnosis, prognosis, or medical condition of a patient and that   178          

is generated and maintained in the process of medical treatment.   179          

      (4)  "Trial preparation record" means any record that        181          

contains information that is specifically compiled in reasonable   182          

anticipation of, or in defense of, a civil or criminal action or   183          

proceeding, including the independent thought processes and        184          

personal trial preparation of an attorney.                         185          

      (5)  "Intellectual property record" means a record, other    188          

than a financial or administrative record, that is produced or                  

collected by or for faculty or staff of a state institution of     189          

higher learning in the conduct of or as a result of study or       190          

research on an educational, commercial, scientific, artistic,      191          

technical, or scholarly issue, regardless of whether the study or  192          

research was sponsored by the institution alone or in conjunction               

with a governmental body or private concern, and that has not      194          

been publicly released, published, or patented.                    195          

      (6)  "Donor profile record" means all records about donors   197          

                                                          6      

                                                                 
or potential donors to a public institution of higher education    198          

except the names and reported addresses of the actual donors and   199          

the date, amount, and conditions of the actual donation.           200          

      (B)  All public records shall be promptly prepared and made  202          

available for inspection to any person at all reasonable times     203          

during regular business hours.  Upon request, a person             204          

responsible for public records shall make copies available at      205          

cost, within a reasonable period of time.  In order to facilitate  206          

broader access to public records, governmental units shall         207          

maintain public records in a manner that they can be made          208          

available for inspection in accordance with this division.         209          

      (C)  If a person allegedly is aggrieved by the failure of a  211          

governmental unit to promptly prepare a public record and to make  212          

it available to the person for inspection in accordance with       213          

division (B) of this section, or if a person who has requested a   215          

copy of a public record allegedly is aggrieved by the failure of   216          

a person responsible for the public record to make a copy          217          

available to the person allegedly aggrieved in accordance with     219          

division (B) of this section, the person allegedly aggrieved may   220          

commence a mandamus action to obtain a judgment that orders the    221          

governmental unit or the person responsible for the public record  222          

to comply with division (B) of this section and that awards        223          

reasonable attorney's fees to the person that instituted the       224          

mandamus action.  The mandamus action may be commenced in the                   

court of common pleas of the county in which division (B) of this  225          

section allegedly was not complied with, in the supreme court      226          

pursuant to its original jurisdiction under Section 2 of Article   227          

IV, Ohio Constitution, or in the court of appeals for the          228          

appellate district in which division (B) of this section           229          

allegedly was not complied with pursuant to its original           230          

jurisdiction under Section 3 of Article IV, Ohio Constitution.     231          

      (D)  Chapter 1347. of the Revised Code does not limit the    233          

provisions of this section.                                        234          

      (E)(1)  The bureau of motor vehicles may adopt rules         236          

                                                          7      

                                                                 
pursuant to Chapter 119. of the Revised Code to reasonably limit   238          

the number of bulk commercial special extraction requests made by               

a person for the same records or for updated records during a      239          

calendar year.  The rules may include provisions for charges to    240          

be made for bulk commercial special extraction requests for the    242          

actual cost of the bureau, plus special extraction costs, plus     243          

ten per cent.  The bureau may charge for expenses for redacting    244          

information, the release of which is prohibited by law.            245          

      (2)  As used in division (E)(1) of this section:             247          

      (a)  "Actual cost" means the cost of depleted supplies,      249          

records storage media costs, actual mailing and alternative        250          

delivery costs, or other transmitting costs, and any direct        251          

equipment operating and maintenance costs, including actual costs  252          

paid to private contractors for copying services.                  253          

      (b)  "Bulk commercial special extraction request" means a    255          

request for copies of a record for information in a format other   256          

than the format already available, or information that cannot be   257          

extracted without examination of all items in a records series,    258          

class of records, or data base by a person who intends to use or   259          

forward the copies for surveys, marketing, solicitation, or        260          

resale for commercial purposes.  "Bulk commercial special          261          

extraction request" does not include a request by a person who     262          

gives assurance to the bureau that the person making the request   263          

does not intend to use or forward the requested copies for         264          

surveys, marketing, solicitation, or resale for commercial         265          

purposes.                                                                       

      (c)  "Commercial" means profit-seeking production, buying,   267          

or selling of any good, service, or other product.                 268          

      (d)  "Special extraction costs" means the cost of the time   270          

spent by the lowest paid employee competent to perform the task,   271          

the actual amount paid to outside private contractors employed by  272          

the bureau, or the actual cost incurred to create computer         273          

programs to make the special extraction.  "Special extraction      274          

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

                                                          8      

                                                                 
or records services.                                               275          

      (3)  For purposes of divisions (E)(1) and (2) of this        278          

section, "commercial surveys, marketing, solicitation, or resale"  279          

shall be narrowly construed and does not include reporting or                   

gathering news, reporting or gathering information to assist       281          

citizen oversight or understanding of the operation or activities  282          

of government, or nonprofit educational research.                  283          

      Sec. 169.03.  (A)(1)  Every holder of unclaimed funds and,   292          

when requested, person which could be the holder of unclaimed      293          

funds, under this chapter shall report to the director of          294          

commerce with respect to the unclaimed funds as provided in this   295          

section.  The report shall be verified.                            296          

      (2)  With respect to items of unclaimed funds each having a  298          

value of ten dollars or more, the report required under division   299          

(A)(1) of this section shall include:                              300          

      (a)  The full name, if known, and last known address, if     302          

any, of each person appearing from the records of the holder to    303          

be the owner of unclaimed funds under this chapter;                304          

      (b)  In the case of unclaimed funds reported by holders      306          

providing life insurance coverage, the full name of the insured    307          

or annuitant and beneficiary, if any, and their last known         308          

addresses according to such holder's records;                      309          

      (c)  The nature and identifying number, if any, or           311          

description of the funds and the amount appearing from the         312          

records to be due;                                                 313          

      (d)  The date when the funds became payable, demandable, or  315          

returnable and the date of the last transaction with the owner     316          

with respect to the funds except with respect to each item of      317          

unclaimed funds having a value of less than twenty-five dollars;   318          

      (e)  SUBJECT TO DIVISION (I) OF THIS SECTION, THE SOCIAL     320          

SECURITY NUMBER OF THE OWNER OF THE UNCLAIMED FUNDS, IF IT IS      321          

AVAILABLE;                                                                      

      (f)  Other information which the director prescribes as      323          

necessary for the administration of this chapter.                  324          

                                                          9      

                                                                 
      (3)  With respect to items of unclaimed funds each having a  326          

value of less than ten dollars, the report required under          327          

division (A)(1) of this section shall include:                     328          

      (a)  Each category of items of unclaimed funds as described  330          

in section 169.02 of the Revised Code;                             331          

      (b)  The number of items of unclaimed funds within each      333          

category;                                                          334          

      (c)  The aggregated value of the items of unclaimed funds    336          

within each category.                                              337          

      (B)  If the holder of unclaimed funds is a successor to      339          

other organizations that previously held the funds for the owner,  340          

or if the holder has changed its name while holding the funds, it  341          

shall file with the report all prior known names and addresses     342          

and date and state of incorporation or formation of each holder    343          

of the funds.                                                      344          

      (C)  The report shall be filed before the first day of       346          

November of each year as of the preceding thirtieth day of June,   347          

but the report of holders providing life insurance coverage shall  348          

be filed before the first day of May of each year as of the        349          

preceding thirty-first day of December.  The director may          350          

postpone, for good cause shown, the reporting date upon written    351          

request by any holder required to file a report.                   352          

      (D)  The holder of unclaimed funds under this chapter shall  354          

send notice to each owner of each item of unclaimed funds having   355          

a value of twenty-five dollars or more at the last known address   356          

of the owner as shown by the records of the holder before filing   357          

the annual report.  In case of holders providing life insurance    358          

coverage, such notice shall also be mailed to each beneficiary at  359          

the last known address of such beneficiary as shown by the         360          

records of such holder, except that such notice to beneficiaries   361          

shall not be mailed if such address is the same as that of the     362          

insured and the surname of the beneficiary is the same as that of  363          

the insured.  The holder shall not report an item of unclaimed     364          

funds earlier than the thirtieth day after the mailing of notice   365          

                                                          10     

                                                                 
required by this division.                                         366          

      Such notice shall set forth the nature and identifying       368          

number, if any, or description of the funds and the amount         369          

appearing on the records of the holder to be due the owner, and    370          

shall inform the owner that the funds will, thirty days after the  371          

mailing of such notice, be reported as unclaimed funds under this  372          

chapter.  A self-addressed, stamped envelope shall be included     373          

with the notice, with instructions that the owner may use such     374          

envelope to inform the holder of his THE OWNER'S continued         375          

interest in the funds and, if so informed before the date for      377          

making the report to the director, the holder shall not report     378          

said funds to the director.  The notice shall be mailed by first   379          

class mail.  If there is no address of record for the owner or     380          

other person entitled to the unclaimed funds, the holder is        381          

relieved of any responsibility of sending notice, attempting to    382          

notify, or notifying the owner.  The mailing of notice pursuant    383          

to this section shall discharge the holder from any further        384          

responsibility to give notice.                                     385          

      (E)  Verification of the report and of the mailing of        387          

notice, where required, shall be executed by an officer of the     388          

reporting holder.                                                  389          

      (F)  The director may at reasonable times and upon           391          

reasonable notice examine or cause to be examined, by auditors of  392          

supervisory departments or divisions of the state, the records of  393          

any holder to determine compliance with this chapter.  Holders     394          

shall retain records, designated by the director as applicable to  395          

unclaimed funds, for five years beyond the relevant time period    396          

provided in section 169.02 of the Revised Code, or until           397          

completion of an audit conducted pursuant to this division,        398          

whichever occurs first.                                            399          

      Records audited pursuant to this division are confidential,  401          

and shall not be disclosed except as required by section 169.06    402          

of the Revised Code or as the director considers necessary in the  403          

proper administration of this chapter.                             404          

                                                          11     

                                                                 
      (G)  All holders shall make sufficient investigation of      406          

their records to insure that the funds reported to the director    407          

are unclaimed as set forth in division (B) of section 169.01 and   408          

section 169.02 of the Revised Code.                                409          

      (H)  The expiration of any period of limitations on or       411          

after March 1, 1968, within which a person entitled to any         412          

moneys, rights to moneys, or intangible property could have        413          

commenced an action or proceeding to obtain the same shall not     414          

prevent such items from becoming unclaimed funds or relieve the    415          

holder thereof of any duty to report and give notice as provided   416          

in this section and deliver the same in the manner provided in     417          

section 169.05 of the Revised Code, provided that the holder may   418          

comply with the provisions of this section and section 169.05 of   419          

the Revised Code with respect to any moneys, rights to moneys, or  420          

intangible property as to which the applicable statute of          421          

limitations has run prior to March 1, 1968, and in such event the  422          

holder shall be entitled to the protective provisions of section   423          

169.07 of the Revised Code.                                        424          

      (I)  NO SOCIAL SECURITY NUMBER CONTAINED IN A REPORT MADE    426          

PURSUANT TO THIS SECTION SHALL BE USED FOR ANY PURPOSE OTHER THAN  427          

TO ANSWER A REQUEST MADE BY THE DIVISION OF CHILD SUPPORT IN THE   428          

DEPARTMENT OF HUMAN SERVICES MADE PURSUANT TO SECTION 5101.327 OF  429          

THE REVISED CODE.                                                               

      Sec. 169.08.  (A)  Any person claiming a property interest   438          

in unclaimed funds delivered or reported to the state under        439          

Chapter 169. of the Revised Code, INCLUDING THE DIVISION OF CHILD  440          

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES, PURSUANT TO SECTION   441          

5101.327 OF THE REVISED CODE, may file a claim thereto on the      442          

form prescribed by the director of commerce.                       443          

      (B)  The director shall consider matters relevant to any     445          

claim filed under division (A) of this section and shall hold a    446          

formal hearing if requested or considered necessary and receive    447          

evidence concerning such claim.  A finding and decision in         448          

writing on each claim filed shall be prepared, stating the         449          

                                                          12     

                                                                 
substance of any evidence received or heard and the reasons for    450          

allowance or disallowance of the claim.  The evidence and          451          

decision shall be a public record.  No statute of limitations      452          

shall bar the allowance of a claim.                                453          

      (C)  For the purpose of conducting any hearing, the          455          

director may require the attendance of such witnesses and the      456          

production of such books, records, and papers as he THE DIRECTOR   457          

desires, and he THE DIRECTOR may take the depositions of           459          

witnesses residing within or without this state in the same        461          

manner as is prescribed by law for the taking of depositions in    462          

civil actions in the court of common pleas, and for that purpose   463          

the director may issue a subpoena for any witness or a subpoena    464          

duces tecum to compel the production of any books, records, or     465          

papers, directed to the sheriff of the county where such witness   466          

resides or is found, which shall be served and returned.  The      467          

fees and mileage of the sheriff and witnesses shall be the same    468          

as that allowed in the court of common pleas in criminal cases.    469          

Fees and mileage shall be paid from the unclaimed funds trust      470          

fund.                                                                           

      (D)  Interest is not payable to claimants of unclaimed       472          

funds held by the state.  Claims shall be paid from the trust      473          

fund.  If the amount available in the trust fund is not            474          

sufficient to pay pending claims, or other amounts disbursable     475          

from the trust fund, the treasurer of state shall certify such     476          

fact to the director, who shall then withdraw such amount of       477          

funds from the mortgage accounts as he THE DIRECTOR determines     478          

necessary to reestablish the trust fund to a level required to     480          

pay anticipated claims but not more than ten per cent of the net   481          

unclaimed funds reported to date.                                  482          

      The director shall retain in the trust fund, as a fee for    484          

administering the funds, five per cent of the total amount of      485          

unclaimed funds payable to the claimant and may withdraw the       486          

funds paid to the director by the holders and deposited by the     487          

director with the treasurer of state or in a financial             488          

                                                          13     

                                                                 
institution as agent for such funds.  Whenever these funds are     489          

inadequate to meet the requirements for the trust fund, he THE     490          

DIRECTOR shall provide for a withdrawal of funds, within a         492          

reasonable time, in such amount as is necessary to meet the        493          

requirements, from financial institutions in which such funds      494          

were retained or placed by a holder and from other holders who     495          

have retained funds, substantially pro rata to the dollar amount   496          

of such funds held by each such holder.  In the event that the     497          

pro rata amount to be withdrawn from any one such holder is less   498          

than five hundred dollars, the amount to be withdrawn shall be at  499          

the discretion of the director.  Such funds may be reimbursed in   500          

the amounts withdrawn when the trust fund has a surplus over the   501          

amount required to pay anticipated claims.  Whenever the trust     502          

fund has a surplus over the amount required to pay anticipated     503          

claims, the director may transfer such surplus to the mortgage     504          

accounts.                                                          505          

      (E)  If a claim which is allowed under this section relates  507          

to funds which have been retained by the reporting holder, and if  508          

the funds, on deposit with the treasurer of state pursuant to      509          

this chapter, are insufficient to pay claims, the director may     510          

notify such holder in writing of the payment of the claim and      511          

such holder shall immediately reimburse the state in the amount    512          

of such claim.  The reimbursement shall be credited to the         513          

unclaimed funds trust fund.                                        514          

      (F)  Any person, INCLUDING THE DIVISION OF CHILD SUPPORT,    516          

adversely affected by a decision of the director may appeal such   518          

decision in the manner provided in Chapter 119. of the Revised     519          

Code.                                                                           

      In the event the claimant prevails, he THE CLAIMANT shall    521          

be reimbursed for reasonable attorney's fees and costs.            523          

      (G)  Notwithstanding anything to the contrary in this        525          

chapter, any holder who has paid moneys to or entered into an      526          

agreement with the director pursuant to section 169.05 of the      527          

Revised Code on certified checks, cashiers' checks, bills of       528          

                                                          14     

                                                                 
exchange, letters of credit, drafts, money orders, or travelers'   529          

checks, may make payment to any person entitled thereto,           530          

INCLUDING THE DIVISION OF CHILD SUPPORT, and upon surrender of     532          

the document, except in the case of travelers' checks, and proof   533          

of such payment, the director shall reimburse the holder for such  534          

payment without interest.                                                       

      Sec. 329.04.  The county department of human services shall  543          

have, exercise, and perform, under the control and direction of    544          

the board of county commissioners, the following powers and        545          

duties:                                                            546          

      (A)  To be the "county administration" for all purposes of   548          

Chapter 5107. of the Revised Code;                                 549          

      (B)(1)  To perform any duties assigned by the department of  551          

human services regarding the provision of public social services,  552          

including the provision of services authorized under Title IV-A    553          

and Title XX of the "Social Security Act," 49 Stat. 620 (1935),    554          

42 U.S.C. 301, as amended, to prevent or reduce economic or        555          

personal dependency and to strengthen family life, or, if the      556          

county department is designated as the child support enforcement   557          

agency under section 2301.35 of the Revised Code, to perform or    558          

contract with other government agencies to perform services        559          

authorized under Title IV-D of the "Social Security Act," 88       560          

Stat. 2351 (1975), 42 U.S.C. 651, as amended.                      561          

      (2)  The county department of human services shall, in the   563          

development of the county plan for the administration of public    564          

social services under Title XX of the "Social Security Act," 88    565          

Stat. 2337, 42 U.S.C. 1397, as amended, do both of the following:  566          

      (a)  Consider the comments and recommendations made during   568          

local public hearings held under section 329.07 of the Revised     569          

Code;                                                              570          

      (b)  Prepare a local needs report analyzing local need for   572          

Title XX services in compliance with the guidelines developed by   573          

the department of human services pursuant to section 5101.461 of   574          

the Revised Code.  The county department of human services shall   575          

                                                          15     

                                                                 
consider the local needs report in the development of the county   576          

Title XX plan.                                                     577          

      The plan shall list the services for which descriptions are  579          

established under division (D)(4) of section 5101.46 of the        580          

Revised Code that will be provided by the county with Title XX     581          

funds and the eligibility categories listed under divisions        582          

(E)(1), (2), and (3) of section 5101.46 of the Revised Code that   583          

will be provided with each of these services.                      584          

      (3)  The county department, upon approval of the             586          

comprehensive social services program plan by the general          587          

assembly under section 5101.461 of the Revised Code and prior to   588          

the effective date of the plan, shall take steps necessary to      589          

ensure the efficient administration of public social services      590          

under the plan, including the negotiation of contracts with        591          

providers of services and the performance of other duties          592          

assigned to it by the department of human services.                593          

      (C)  To administer disability assistance under Chapter       595          

5115. of the Revised Code as required by the state department of   597          

human services;                                                                 

      (D)  To administer burials insofar as the administration of  599          

burials was, prior to September 12, 1947, imposed upon the board;  600          

      (E)  To cooperate with state and federal authorities in any  602          

matter relating to human services and to act as the agent of such  603          

authorities;                                                       604          

      (F)  To submit an annual account of its work and expenses    606          

to the board and to the department of human services at the close  607          

of each fiscal year;                                               608          

      (G)  To exercise any powers and duties relating to human     610          

services imposed upon the county department of human services by   611          

law, by resolution of the board of county commissioners, or by     612          

order of the governor, when authorized by law, to meet             613          

emergencies during war or peace.  The board may designate the      614          

county department of human services to exercise and perform any    615          

additional human services powers and duties which the board has.   616          

                                                          16     

                                                                 
      (H)  To determine the eligibility for medical assistance of  618          

recipients of aid under Title XVI of the "Social Security Act,"    619          

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

      (I)  If the county department is designated as the child     622          

support enforcement agency under section 2301.35 of the Revised    623          

Code, to operate the agency in accordance with sections 2301.34    624          

to 2301.44 2301.46 of the Revised Code.                            625          

      Sec. 1336.07.  (A)  In an action for relief arising out of   634          

a transfer or an obligation that is fraudulent under section       635          

1336.04 or 1336.05 of the Revised Code, a creditor OR A CHILD      636          

SUPPORT ENFORCEMENT AGENCY ON BEHALF OF A SUPPORT CREDITOR,        637          

subject to the limitations in section 1336.08 of the Revised       638          

Code, may obtain one of the following:                             639          

      (1)  Avoidance of the transfer or obligation to the extent   641          

necessary to satisfy the claim of the creditor;                    642          

      (2)  An attachment or garnishment against the asset          644          

transferred or other property of the transferee in accordance      645          

with Chapters 2715. and 2716. of the Revised Code;                 646          

      (3)  Subject to the applicable principles of equity and in   648          

accordance with the Rules of Civil Procedure, any of the           649          

following:                                                         650          

      (a)  An injunction against further disposition by the        652          

debtor or a transferee, or both, of the asset transferred or of    653          

other property;                                                    654          

      (b)  Appointment of a receiver to take charge of the asset   656          

transferred or of other property of the transferee;                657          

      (c)  Any other relief that the circumstances may require.    659          

      (B)  If a creditor OR CHILD SUPPORT ENFORCEMENT AGENCY has   661          

obtained a judgment on a claim against the debtor, the creditor    663          

OR AGENCY, if the court so orders, may levy execution on the       664          

asset transferred or its proceeds in accordance with Chapter       665          

2329. of the Revised Code.                                                      

      Sec. 1336.08.  (A)  A transfer or an obligation is not       674          

fraudulent under division (A)(1) of section 1336.04 of the         675          

                                                          17     

                                                                 
Revised Code against a person who took in good faith and for a     676          

reasonably equivalent value or against any subsequent transferee   677          

or obligee.                                                        678          

      (B)(1)  Except as otherwise provided in this section, to     680          

the extent a transfer is voidable in an action by a creditor OR A  681          

CHILD SUPPORT ENFORCEMENT AGENCY under division (A)(1) of section  683          

1336.07 of the Revised Code, the creditor OR AGENCY may recover a  684          

judgment for the value of the asset transferred, as adjusted       685          

under division (B)(2) of this section, or the amount necessary to  686          

satisfy the claim of the creditor OR AGENCY, whichever is less.    687          

The judgment may be entered against either of the following:       688          

      (a)  The first transferee of the asset or the person for     690          

whose benefit the transfer was made;                               691          

      (b)  Any subsequent transferee other than a good faith       693          

transferee who took for value or from any subsequent transferee.   694          

      (2)  If the judgment under division (B)(1) of this section   696          

is based upon the value of the asset transferred, the judgment     697          

shall be in an amount equal to the value of the asset at the time  698          

of the transfer, subject to adjustment as the equities may         699          

require.                                                           700          

      (C)  Notwithstanding the voidability of a transfer or an     702          

obligation under division (A)(1) of section 1336.07 of the         703          

Revised Code, a good faith transferee or obligee is entitled, to   704          

the extent of the value given to the debtor for the transfer or    705          

obligation, to any of the following:                               706          

      (1)  A lien on or a right to retain any interest in the      708          

asset transferred;                                                 709          

      (2)  Enforcement of any obligation incurred;                 711          

      (3)  A reduction in the amount of the liability on the       713          

judgment.                                                          714          

      (D)  A transfer is not fraudulent under division (A)(2) of   716          

section 1336.04 or section 1336.05 of the Revised Code if the      717          

transfer results from either of the following:                     718          

      (1)  Termination of a lease upon default by the debtor when  720          

                                                          18     

                                                                 
the termination is pursuant to the lease and applicable law;       721          

      (2)  Enforcement of a security interest in compliance with   723          

section 1309.44 of the Revised Code.                               724          

      (E)  A transfer is not fraudulent under division (B) of      726          

section 1336.05 of the Revised Code as follows:                    727          

      (1)  To the extent the insider gave new value to or for the  729          

benefit of the debtor after the transfer was made, unless the new  730          

value was secured by a valid lien;                                 731          

      (2)  If made in the ordinary course of business or           733          

financial affairs of the debtor and the insider;                   734          

      (3)  If made pursuant to a good faith effort to              736          

rehabilitate the debtor and the transfer secured present value     737          

given for that purpose as well as an antecedent debt of the        738          

debtor.                                                            739          

      Sec. 1349.01.  (A)  As used in this section:                 748          

      (1)  "Consumer reporting agency" has the same meaning as in  750          

the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A.        751          

1681a.                                                             752          

      (2)  "Court" means the division of the court of common       754          

pleas having jurisdiction over actions for divorce, annulment,     755          

dissolution of marriage, legal separation, child support, or       756          

spousal support.                                                   757          

      (3)  "Health insurance coverage" means hospital, surgical,   759          

or medical expense coverage provided under any health insurance    760          

or health care policy, contract, or plan or any other health       761          

benefits arrangement.                                              762          

      (4)  "Provider" has the same meaning as in section 3901.38   764          

of the Revised Code.                                               765          

      (B)  If, pursuant to an action for divorce, annulment,       767          

dissolution of marriage, or legal separation, the court            768          

determines that a party who is a resident of this state is         769          

responsible for obtaining health insurance coverage for the        771          

party's former spouse or children or if, pursuant to a child       772          

support order issued under IN ACCORDANCE WITH section 3113.217 of  774          

                                                          19     

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

this state to obtain health insurance coverage for the children    776          

who are the subject of the child support order, and the party      777          

fails to obtain such coverage, no provider or collection agency    778          

shall collect or attempt to collect from the former spouse,        779          

children, or person responsible for the children, any              780          

reimbursement of any hospital, surgical, or medical expenses       781          

incurred by the provider for services rendered to the former       782          

spouse or children, which expenses would have been covered but     783          

for the failure of the party to obtain the coverage, if the        784          

former spouse, any of the children, or a person responsible for    785          

the children, provides the following to the provider or                         

collection agency:                                                 786          

      (1)  A copy of the court order requiring the party to        788          

obtain health insurance coverage for the former spouse or          789          

children.                                                                       

      (2)  Reasonable assistance in locating the party and         791          

obtaining information about the party's health insurance           792          

coverage.                                                                       

      (C)  If the requirements of divisions (B)(1) and (2) of      795          

this section are not met, the provider or collection agency may    796          

collect the hospital, surgical, or medical expenses both from the  797          

former spouse or person responsible for the children and from the  798          

party who failed to obtain the coverage.  If the requirements of   799          

divisions (B)(1) and (2) are met, the provider or collection       800          

agency may collect or attempt to collect the expenses only from    801          

the party.                                                                      

      A party required to obtain health insurance coverage for a   803          

former spouse or children who fails to obtain the coverage is      804          

liable to the provider for the hospital, surgical, or medical      805          

expenses incurred by the provider as a result of the failure to    806          

obtain the coverage.  This section does not prohibit a former      807          

spouse or person responsible for the children from initiating an   808          

action to enforce the order requiring the party to obtain health   809          

                                                          20     

                                                                 
insurance for the former spouse or children or to collect any      810          

amounts the former spouse or person responsible for the children   811          

pays for hospital, surgical, or medical expenses for which the     812          

party is responsible under the order requiring the party to        813          

obtain health insurance for the former spouse or children.         814          

      (D)(1)  If the requirements of divisions (B)(1) and (2) of   816          

this section are met, both of the following restrictions shall     817          

apply:                                                                          

      (a)  No collection agency or provider of hospital,           819          

surgical, or medical services may report to a consumer reporting   820          

agency, for inclusion in the credit file or credit report of the   821          

former spouse or person responsible for the children, any          822          

information relative to the nonpayment of expenses for the         823          

services incurred by the provider, if the nonpayment is the        824          

result of the failure of the party responsible for obtaining       825          

health insurance coverage to obtain health insurance coverage.     826          

      (b)  No consumer reporting agency shall include in the       828          

credit file or credit report of the former spouse or person        829          

responsible for the children, any information relative to the      830          

nonpayment of any hospital, surgical, or medical expenses          831          

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

obtain the coverage.                                               832          

      (2)  If the requirements of divisions (B)(1) and (2) of      834          

this section are not met, both of the following provisions shall   835          

apply:                                                             836          

      (a)  A provider of hospital, surgical, or medical services,  838          

or a collection agency, may report to a consumer reporting         839          

agency, for inclusion in the credit file or credit report of the   840          

former spouse or person responsible for the children, any          841          

information relative to the nonpayment of expenses for the                      

services incurred by the provider, if the nonpayment is the        842          

result of the failure of the party responsible for obtaining       843          

health insurance coverage to obtain such coverage.                 844          

      (b)  A consumer reporting agency may include in the credit   846          

                                                          21     

                                                                 
file or credit report of the former spouse or person responsible   847          

for the children, any information relative to the nonpayment of    848          

any hospital, surgical, or medical expenses incurred by the        849          

provider, if the nonpayment is the result of the failure of the    850          

party responsible for obtaining health insurance coverage to                    

obtain such coverage.                                              851          

      (3)(a)  A provider of hospital, surgical, or medical         853          

services, or a collection agency, may report to a consumer         854          

reporting agency, for inclusion in the credit file or credit       855          

report of that party, any information relative to the nonpayment   856          

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

nonpayment is the result of the failure of the party responsible   857          

for obtaining health insurance coverage to obtain such coverage.   858          

      (b)  A consumer reporting agency may include in the credit   860          

file or credit report of the party responsible for obtaining       861          

health insurance coverage, any information relative to the         862          

nonpayment of any hospital, surgical, or medical expenses          863          

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

failure of that party to obtain health insurance coverage.         864          

      (4)  If any information described in division (D)(2) of      866          

this section is placed in the credit file or credit report of the  867          

former spouse or person responsible for the children, the          868          

consumer reporting agency shall remove the information from the    869          

credit file and credit report if the former spouse or person                    

responsible for the children provides the agency with the          870          

information required in divisions (B)(1) and (2) of this section.  871          

If the agency fails to remove the information from the credit      872          

file or credit report pursuant to the terms of the "Fair Credit    873          

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

reasonable time after receiving the information required by        874          

divisions (B)(1) and (2) of this section, the former spouse may    875          

initiate an action to require the agency to remove the             876          

information.                                                                    

      If any information described in division (D)(3) of this      878          

                                                          22     

                                                                 
section is placed in the party's credit file or credit report,     879          

the party has the burden of proving that the party is not          880          

responsible for obtaining the health insurance coverage or, if     881          

responsible, that the expenses incurred are not covered expenses.               

If the party meets that burden, the agency shall remove the        882          

information from the party's credit file and credit report         883          

immediately.  If the agency fails to remove the information from   884          

the credit file or credit report immediately after the party       885          

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

agency to remove the information.                                  886          

      Sec. 1533.82.  (A)  On receipt of a notice pursuant to       895          

section 2301.373 of the Revised Code, the chief of the division    896          

of wildlife shall comply with that section with respect to a       899          

license or permit issued pursuant to section 1533.23, 1533.34,     900          

1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 1533.71, 1533.72,   901          

or 1533.81 of the Revised Code.                                                 

      (B)  ON RECEIPT OF A NOTICE PURSUANT TO SECTION 2301.375 OF  903          

THE REVISED CODE, THE CHIEF OF THE DIVISION OF WILDLIFE SHALL      904          

COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE, PERMIT, OR     905          

STAMP ISSUED PURSUANT TO SECTION 1533.10, 1533.11, 1533.111,       906          

1533.112, OR 1533.32 OF THE REVISED CODE.                                       

      Sec. 2151.23.  (A)  The juvenile court has exclusive         915          

original jurisdiction under the Revised Code as follows:           916          

      (1)  Concerning any child who on or about the date           918          

specified in the complaint is alleged to be a juvenile traffic     919          

offender or a delinquent, unruly, abused, neglected, or dependent  921          

child;                                                                          

      (2)  Subject to division (V) of section 2301.03 of the       923          

Revised Code, to determine the custody of any child not a ward of  924          

another court of this state;                                       925          

      (3)  To hear and determine any application for a writ of     927          

habeas corpus involving the custody of a child;                    928          

      (4)  To exercise the powers and jurisdiction given the       930          

probate division of the court of common pleas in Chapter 5122. of  932          

                                                          23     

                                                                 
the Revised Code, if the court has probable cause to believe that  933          

a child otherwise within the jurisdiction of the court is a                     

mentally ill person subject to hospitalization by court order, as  934          

defined in section 5122.01 of the Revised Code;                    935          

      (5)  To hear and determine all criminal cases charging       937          

adults with the violation of any section of this chapter;          938          

      (6)  To hear and determine all criminal cases in which an    940          

adult is charged with a violation of division (C) of section       941          

2919.21, division (B)(1) of section 2919.22, division (B) of       942          

section 2919.23, or section 2919.24 of the Revised Code, provided  943          

the charge is not included in an indictment that also charges the  944          

alleged adult offender with the commission of a felony arising     945          

out of the same actions that are the basis of the alleged          946          

violation of division (C) of section 2919.21, division (B)(1) of   947          

section 2919.22, division (B) of section 2919.23, or section       948          

2919.24 of the Revised Code;                                       949          

      (7)  Under the interstate compact on juveniles in section    951          

2151.56 of the Revised Code;                                       952          

      (8)  Concerning any child who is to be taken into custody    954          

pursuant to section 2151.31 of the Revised Code, upon being        955          

notified of the intent to take the child into custody and the      956          

reasons for taking the child into custody;                         957          

      (9)  To hear and determine requests for the extension of     959          

temporary custody agreements, and requests for court approval of   960          

permanent custody agreements, that are filed pursuant to section   961          

5103.15 of the Revised Code;                                       962          

      (10)  To hear and determine applications for consent to      964          

marry pursuant to section 3101.04 of the Revised Code;             965          

      (11)  Subject to division (V) of section 2301.03 of the      967          

Revised Code, to hear and determine a request for an order for     968          

the support of any child if the request is not ancillary to an     969          

action for divorce, dissolution of marriage, annulment, or legal   970          

separation, a criminal or civil action involving an allegation of  971          

domestic violence, or an action for support brought under Chapter  972          

                                                          24     

                                                                 
3115. of the Revised Code;                                         973          

      (12)  Concerning an action commenced under section 121.38    975          

of the Revised Code.                                               976          

      (B)  The juvenile court has original jurisdiction under the  978          

Revised Code:                                                      979          

      (1)  To hear and determine all cases of misdemeanors         981          

charging adults with any act or omission with respect to any       982          

child, which act or omission is a violation of any state law or    983          

any municipal ordinance;                                           984          

      (2)  To determine the paternity of any child alleged to      986          

have been born out of wedlock pursuant to sections 3111.01 to      987          

3111.19 of the Revised Code;                                       988          

      (3)  Under the uniform reciprocal enforcement of INTERSTATE  990          

FAMILY support act in Chapter 3115. of the Revised Code;           991          

      (4)  To hear and determine an application for an order for   993          

the support of any child, if the child is not a ward of another    994          

court of this state;                                               995          

      (5)  TO HEAR AND DETERMINE AN ACTION COMMENCED UNDER         997          

SECTION 5101.314 OF THE REVISED CODE.                                           

      (C)  The juvenile court, except as to juvenile courts that   999          

are a separate division of the court of common pleas or a          1,000        

separate and independent juvenile court, has jurisdiction to       1,001        

hear, determine, and make a record of any action for divorce or    1,002        

legal separation that involves the custody or care of children     1,003        

and that is filed in the court of common pleas and certified by    1,004        

the court of common pleas with all the papers filed in the action  1,005        

to the juvenile court for trial, provided that no certification    1,006        

of that nature shall be made to any juvenile court unless the      1,008        

consent of the juvenile judge first is obtained.  After a          1,009        

certification of that nature is made and consent is obtained, the  1,011        

juvenile court shall proceed as if the action originally had been  1,012        

begun in that court, except as to awards for spousal support or    1,013        

support due and unpaid at the time of certification, over which    1,014        

the juvenile court has no jurisdiction.                                         

                                                          25     

                                                                 
      (D)  The juvenile court has jurisdiction to hear and         1,016        

determine all matters as to custody and support of children duly   1,017        

certified by the court of common pleas to the juvenile court       1,018        

after a divorce decree has been granted, including jurisdiction    1,019        

to modify the judgment and decree of the court of common pleas as  1,020        

the same relate to the custody and support of children.            1,021        

      (E)  The juvenile court has jurisdiction to hear and         1,023        

determine the case of any child certified to the court by any      1,024        

court of competent jurisdiction if the child comes within the      1,025        

jurisdiction of the juvenile court as defined by this section.     1,026        

      (F)(1)  The juvenile court shall exercise its jurisdiction   1,028        

in child custody matters in accordance with sections 3109.04,      1,029        

3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code.    1,030        

      (2)  The juvenile court shall exercise its jurisdiction in   1,032        

child support matters in accordance with section 3109.05 of the    1,033        

Revised Code.                                                      1,034        

      (G)(1)  Each order for child support made or modified by a   1,036        

juvenile court on or after December 31, 1993, shall include as     1,037        

part of the order a general provision, as described in division    1,038        

(A)(1) of section 3113.21 of the Revised Code, requiring the       1,039        

withholding or deduction of wages INCOME or assets of the obligor  1,041        

under the order as described in division (D) of section 3113.21    1,042        

of the Revised Code, or another type of appropriate requirement    1,043        

as described in division (D)(6)(3), (D)(7)(4), or (H) of that      1,045        

section, to ensure that withholding or deduction from the wages    1,046        

INCOME or assets of the obligor is available from the              1,048        

commencement of the support order for collection of the support    1,049        

and of any arrearages that occur; a statement requiring all        1,050        

parties to the order to notify the child support enforcement       1,051        

agency in writing of their current mailing address, their current  1,052        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, AND         1,053        

CURRENT DRIVER'S LICENSE NUMBER, and any changes in either         1,055        

address TO THAT INFORMATION; and a notice that the requirement to  1,056        

notify the child support enforcement agency of all changes in      1,057        

                                                          26     

                                                                 
either address TO THAT INFORMATION continues until further notice  1,058        

from the court.  Any juvenile court that makes or modifies an      1,060        

order for child support on or after April 12, 1990, shall comply   1,061        

with sections 3113.21 to 3113.219 of the Revised Code.  If any     1,062        

person required to pay child support under an order made by a      1,063        

juvenile court on or after April 15, 1985, or modified on or       1,064        

after December 1, 1986, is found in contempt of court for failure  1,065        

to make support payments under the order, the court that makes     1,066        

the finding, in addition to any other penalty or remedy imposed,   1,067        

shall assess all court costs arising out of the contempt           1,068        

proceeding against the person and require the person to pay any    1,069        

reasonable attorney's fees of any adverse party, as determined by  1,070        

the court, that arose in relation to the act of contempt.          1,071        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    1,073        

if a juvenile court issues a child support order under this        1,074        

chapter, the order shall remain in effect beyond the child's       1,075        

eighteenth birthday as long as the child continuously attends on   1,076        

a full-time basis any recognized and accredited high school, THE   1,077        

CHILD HAS A DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION         1,078        

5123.01 OF THE REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY   1,081        

OF SUPPORT OF THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH    1,082        

BIRTHDAY.  EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL  1,083        

DISABILITY OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT          1,084        

CONTINUES FOR ANY PERIOD AFTER THE CHILD REACHES AGE NINETEEN,     1,085        

THE ORDER SHALL NOT REMAIN IN EFFECT AFTER THE CHILD REACHES AGE   1,086        

NINETEEN.  Any parent ordered to pay support under a child         1,087        

support order issued under this chapter shall continue to pay      1,088        

support under the order, including during seasonal vacation        1,089        

periods, until the order terminates.                               1,090        

      (H)  If a child who is charged with an act that would be an  1,092        

offense if committed by an adult was fourteen years of age or      1,093        

older and under eighteen years of age at the time of the alleged   1,094        

act and if the case is transferred for criminal prosecution        1,095        

pursuant to section 2151.26 of the Revised Code, the juvenile      1,097        

                                                          27     

                                                                 
court does not have jurisdiction to hear or determine the case     1,098        

subsequent to the transfer.  The court to which the case is        1,099        

transferred for criminal prosecution pursuant to that section has  1,100        

jurisdiction subsequent to the transfer to hear and determine the  1,101        

case in the same manner as if the case originally had been         1,102        

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

jurisdiction to accept a plea of guilty or another plea            1,103        

authorized by Criminal Rule 11 or another section of the Revised   1,105        

Code and jurisdiction to accept a verdict and to enter a judgment  1,106        

of conviction pursuant to the Rules of Criminal Procedure against  1,107        

the child for the commission of the offense that was the basis of  1,108        

the transfer of the case for criminal prosecution, whether the     1,109        

conviction is for the same degree or a lesser degree of the        1,110        

offense charged, for the commission of a lesser-included offense,  1,111        

or for the commission of another offense that is different from    1,112        

the offense charged.                                               1,113        

      (I)  If a person under eighteen years of age allegedly       1,116        

commits an act that would be a felony if committed by an adult     1,117        

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

that act until after the person attains twenty-one years of age,   1,118        

the juvenile court does not have jurisdiction to hear or           1,119        

determine any portion of the case charging the person with         1,120        

committing that act.  In those circumstances, divisions (B) and    1,121        

(C) of section 2151.26 of the Revised Code do not apply regarding  1,122        

the act, the case charging the person with committing the act      1,123        

shall be a criminal prosecution commenced and heard in the         1,124        

appropriate court having jurisdiction of the offense as if the     1,125        

person had been eighteen years of age or older when the person     1,126        

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

within the jurisdiction of the court having jurisdiction of the    1,127        

offense, and the court having jurisdiction of the offense has all  1,128        

the authority and duties in the case as it has in other criminal   1,129        

cases commenced in that court.                                                  

      Sec. 2151.231.  The parent, guardian, or custodian of a      1,138        

                                                          28     

                                                                 
child, the person with whom a child resides, or the child support  1,139        

enforcement agency of the county in which the child, parent,       1,140        

guardian, or custodian of the child resides may bring an action    1,142        

in a juvenile court under this section requesting the court to                  

issue an order requiring a parent of the child to pay an amount    1,143        

for the support of the child without regard to the marital status  1,144        

of the child's parents.                                                         

      The parties to an action under this section may raise the    1,146        

issue of the existence or nonexistence of a parent-child           1,147        

relationship, unless a final and enforceable determination of the  1,148        

issue has been made with respect to the parties pursuant to        1,149        

Chapter 3111. of the Revised Code OR AN ACKNOWLEDGMENT OF          1,150        

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

TO SECTION 2151.232, 3111.211, OR 5101.314 OF THE REVISED CODE.    1,151        

If a complaint is filed under this section and an issue            1,153        

concerning the existence or nonexistence of a parent-child         1,154        

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

action pursuant to sections 3111.01 to 3111.19 of the Revised      1,155        

Code.  An order issued in an action under this section does not    1,157        

preclude a party to the action from bringing a subsequent action   1,159        

pursuant to sections 3111.01 to 3111.19 of the Revised Code if     1,161        

the issue concerning the existence or nonexistence of the          1,162        

parent-child relationship was not determined with respect to the   1,163        

party PURSUANT TO A PROCEEDING UNDER THIS SECTION, A PROCEEDING    1,164        

UNDER CHAPTER 3111. OF THE REVISED CODE, OR AN ACKNOWLEDGMENT OF   1,165        

PATERNITY THAT HAS BECOME FINAL UNDER SECTION 2151.232, 3111.211,  1,166        

OR 5101.314 OF THE REVISED CODE.  An order issued pursuant to      1,167        

this section shall remain effective until an order is issued       1,168        

pursuant to sections 3111.01 to 3111.19 of the Revised Code that   1,169        

a parent-child relationship does not exist between the alleged     1,171        

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    1,173        

Revised Code that would require the order to terminate.                         

      THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE        1,175        

                                                          29     

                                                                 
REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS  1,176        

SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE    1,177        

FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE  1,178        

COURT.                                                                          

      Sec. 2151.232.  IF AN ACKNOWLEDGMENT HAS BEEN FILED AND      1,180        

ENTERED INTO THE BIRTH REGISTRY PURSUANT TO SECTION 5101.314 OF    1,181        

THE REVISED CODE BUT HAS NOT YET BECOME FINAL, EITHER PARENT WHO   1,183        

SIGNED THE ACKNOWLEDGMENT MAY BRING AN ACTION IN THE JUVENILE      1,184        

COURT UNDER THIS SECTION REQUESTING THAT THE COURT ISSUE AN ORDER  1,185        

REQUIRING A PARENT OF THE CHILD TO PAY AN AMOUNT FOR THE SUPPORT   1,186        

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    1,188        

ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT-CHILD           1,189        

RELATIONSHIP.  IF AN ACTION IS COMMENCED PURSUANT TO THIS SECTION  1,190        

AND THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT-CHILD   1,191        

RELATIONSHIP IS RAISED, THE COURT SHALL TREAT THE ACTION AS AN     1,192        

ACTION COMMENCED PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE    1,194        

REVISED CODE.  IF THE ISSUE IS RAISED, THE COURT SHALL PROMPTLY    1,195        

NOTIFY THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN    1,196        

SERVICES THAT IT IS CONDUCTING PROCEEDINGS IN COMPLIANCE WITH      1,197        

SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE.  ON RECEIPT OF    1,199        

THE NOTICE BY THE DIVISION, THE ACKNOWLEDGMENT OF PATERNITY                     

SIGNED BY THE PARTIES AND FILED PURSUANT TO SECTION 5101.314 OF    1,200        

THE REVISED CODE SHALL BE CONSIDERED RESCINDED.                    1,201        

      IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR    1,203        

NONEXISTENCE OF A PARENT-CHILD RELATIONSHIP IN THE ACTION AND AN   1,204        

ORDER IS ISSUED PURSUANT TO THIS SECTION PRIOR TO THE DATE THE     1,205        

ACKNOWLEDGMENT FILED AND ENTERED ON THE BIRTH REGISTRY UNDER       1,206        

SECTION 5101.314 OF THE REVISED CODE BECOMES FINAL, THE            1,208        

ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF THE DATE OF THE     1,209        

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

SHALL NOT AFFECT AN ACKNOWLEDGMENT THAT BECOMES FINAL PURSUANT TO  1,210        

SECTION 5101.314 OF THE REVISED CODE PRIOR TO THE ISSUANCE OF THE  1,213        

                                                          30     

                                                                 
ORDER.                                                                          

      Sec. 2151.33.  (A)  Pending hearing of a complaint filed     1,222        

under section 2151.27 of the Revised Code or a motion filed or     1,223        

made under division (B) of this section and the service of         1,224        

citations, the juvenile court may make any temporary disposition   1,225        

of any child that it considers necessary to protect the best       1,226        

interest of the child and that can be made pursuant to division    1,227        

(B) of this section.  Upon the certificate of one or more          1,228        

reputable practicing physicians, the court may summarily provide   1,229        

for emergency medical and surgical treatment that appears to be    1,230        

immediately necessary to preserve the health and well-being of     1,231        

any child concerning whom a complaint or an application for care   1,232        

has been filed, pending the service of a citation upon the         1,233        

child's parents, guardian, or custodian.  The court may order the  1,234        

parents, guardian, or custodian, if the court finds the parents,   1,235        

guardian, or custodian able to do so, to reimburse the court for   1,236        

the expense involved in providing the emergency medical or         1,237        

surgical treatment.  Any person who disobeys the order for         1,238        

reimbursement may be adjudged in contempt of court and punished    1,239        

accordingly.                                                       1,240        

      If the emergency medical or surgical treatment is furnished  1,242        

to a child who is found at the hearing to be a nonresident of the  1,243        

county in which the court is located and if the expense of the     1,244        

medical or surgical treatment cannot be recovered from the         1,245        

parents, legal guardian, or custodian of the child, the board of   1,246        

county commissioners of the county in which the child has a legal  1,247        

settlement shall reimburse the court for the reasonable cost of    1,248        

the emergency medical or surgical treatment out of its general     1,249        

fund.                                                              1,250        

      (B)(1)  After a complaint, petition, writ, or other          1,252        

document initiating a case dealing with an alleged or adjudicated  1,253        

abused, neglected, or dependent child is filed and upon the        1,254        

filing or making of a motion pursuant to division (C) of this      1,255        

section, the court, prior to the final disposition of the case,    1,256        

                                                          31     

                                                                 
may issue any of the following temporary orders to protect the     1,257        

best interest of the child:                                        1,258        

      (a)  An order granting temporary custody of the child to a   1,260        

particular party;                                                  1,261        

      (b)  An order for the taking of the child into custody       1,263        

pursuant to section 2151.31 of the Revised Code pending the        1,264        

outcome of the adjudicatory and dispositional hearings;            1,265        

      (c)  An order granting, limiting, or eliminating visitation  1,267        

rights with respect to the child;                                  1,268        

      (d)  An order requiring a party to vacate a residence that   1,271        

will be lawfully occupied by the child;                            1,272        

      (e)  An order requiring a party to attend an appropriate     1,274        

counseling program that is reasonably available to that party;     1,275        

      (f)  Any other order that restrains or otherwise controls    1,277        

the conduct of any party which conduct would not be in the best    1,278        

interest of the child.                                             1,279        

      (2)  Prior to the final disposition of a case subject to     1,281        

division (B)(1) of this section, the court shall do both of the    1,282        

following:                                                                      

      (a)  Issue an order pursuant to sections 3113.21 to          1,284        

3113.219 of the Revised Code requiring the parents, guardian, or   1,285        

person charged with the child's support to pay support for the     1,287        

child.                                                                          

      (b)  Issue an order requiring the parents, guardian, or      1,289        

person charged with the child's support to continue to maintain    1,290        

any health insurance coverage for the child that existed at the    1,291        

time of the filing of the complaint, petition, writ, or other      1,292        

document, or to obtain health insurance coverage pursuant to IN    1,293        

ACCORDANCE WITH section 3113.217 of the Revised Code.              1,295        

      (C)(1)  A court may issue an order pursuant to division (B)  1,297        

of this section upon its own motion or if a party files a written  1,299        

motion or makes an oral motion requesting the issuance of the      1,300        

order and stating the reasons for it.  Any notice sent by the      1,301        

court as a result of a motion pursuant to this division shall      1,302        

                                                          32     

                                                                 
contain a notice that any party to a juvenile proceeding has the   1,303        

right to be represented by counsel and to have appointed counsel   1,305        

if the person is indigent.                                                      

      (2)  If a child is taken into custody pursuant to section    1,307        

2151.31 of the Revised Code and placed in shelter care, the        1,308        

public children services agency or private child placing agency    1,309        

with which the child is placed in shelter care shall file or make  1,310        

a motion as described in division (C)(1) of this section before    1,311        

the end of the next day immediately after the date on which the    1,313        

child was taken into custody and, at a minimum, shall request an   1,314        

order for temporary custody under division (B)(1)(a) of this       1,315        

section.                                                                        

      (3)  Any court that issues an order pursuant to division     1,317        

(B)(1)(b) of this section shall make the determination and issue   1,319        

the written finding of facts required by section 2151.419 of the                

Revised Code.                                                      1,320        

      (D)  The court may grant an ex parte order upon its own      1,323        

motion or a motion filed or made pursuant to division (C) of this  1,324        

section requesting such an order if it appears to the court that   1,326        

the best interest and the welfare of the child require that the    1,327        

court issue the order immediately.  The court, if acting on its    1,328        

own motion, or the person requesting the granting of an ex parte   1,329        

order, to the extent possible, shall give notice of its intent or  1,330        

of the request to the parents, guardian, or custodian of the       1,331        

child who is the subject of the request.  If the court issues an   1,332        

ex parte order, the court shall hold a hearing to review the       1,333        

order within seventy-two hours after it is issued or before the    1,334        

end of the next day after the day on which it is issued,           1,335        

whichever occurs first.  The court shall give written notice of    1,336        

the hearing to all parties to the action and shall appoint a       1,337        

guardian ad litem for the child prior to the hearing.              1,338        

      The written notice shall be given by all means that are      1,340        

reasonably likely to result in the party receiving actual notice   1,341        

and shall include all of the following:                            1,342        

                                                          33     

                                                                 
      (1)  The date, time, and location of the hearing;            1,344        

      (2)  The issues to be addressed at the hearing;              1,346        

      (3)  A statement that every party to the hearing has a       1,348        

right to counsel and to court appointed counsel, if the party is   1,349        

indigent;                                                          1,350        

      (4)  The name, telephone number, and address of the person   1,352        

requesting the order;                                              1,353        

      (5)  A copy of the order, except when it is not possible to  1,355        

obtain it because of the exigent circumstances in the case.        1,356        

      If the court does not grant an ex parte order pursuant to a  1,358        

motion filed or made pursuant to division (C) of this section or   1,360        

its own motion, the court shall hold a shelter care hearing on     1,361        

the motion within ten days after the motion is filed.  The court   1,362        

shall give notice of the hearing to all affected parties in the    1,363        

same manner as set forth in the Juvenile Rules.                                 

      (E)  The court, pending the outcome of the adjudicatory and  1,365        

dispositional hearings, shall not issue an order granting          1,366        

temporary custody of a child to a public children services agency  1,367        

or private child placing agency pursuant to this section, unless   1,368        

the court determines and specifically states in the order that     1,369        

the continued residence of the child in the child's current home   1,370        

will be contrary to the child's best interest and welfare and      1,371        

makes the determination and issues the written finding of facts    1,372        

required by section 2151.419 of the Revised Code.                  1,373        

      (F)  Each public children services agency and private child  1,375        

placing agency that receives temporary custody of a child          1,376        

pursuant to this section shall maintain in the child's case        1,377        

record written documentation that it has placed the child, to the  1,378        

extent that it is consistent with the best interest, welfare, and  1,379        

special needs of the child, in the most family-like setting        1,380        

available and in close proximity to the home of the parents,       1,381        

custodian, or guardian of the child.                               1,382        

      (G)  For good cause shown, any court order that is issued    1,384        

pursuant to this section may be reviewed by the court at any time  1,385        

                                                          34     

                                                                 
upon motion of any party to the action or upon the motion of the   1,386        

court.                                                             1,387        

      Sec. 2151.49.  In every case of conviction under sections    1,396        

2151.01 to 2151.54 of the Revised Code, where imprisonment is      1,397        

imposed as part of the punishment, the juvenile judge may suspend  1,398        

sentence, before or during commitment, upon such condition as he   1,399        

THE JUVENILE JUDGE imposes.  In the case of conviction for         1,400        

non-support of a child who is receiving aid under Chapter 5107.    1,401        

or 5115. of the Revised Code, if the juvenile judge suspends       1,402        

sentence on condition that the person make payments for support,   1,403        

the payment shall be made to the county department of human        1,404        

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

      THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE        1,406        

REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS  1,407        

SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE    1,408        

FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE  1,409        

COURT.                                                                          

      Sec. 2301.34.  As used in sections 2301.34 to 2301.42        1,418        

2301.46 of the Revised Code:                                       1,419        

      (A)  "Default" means any failure to pay under a support      1,421        

order that is an amount greater than or equal to the amount of     1,422        

support payable under the support order for one month.             1,423        

      (B)  "Support order" means an order of a court requiring     1,425        

payments PAYMENT OF SUPPORT ISSUED pursuant to section 2151.23,    1,427        

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   1,428        

3109.05, 3109.19, 3111.13, 3111.20, 3111.21 3111.211, 3111.22,     1,429        

3113.04, 3113.07, 3113.31, or 3115.22 3115.31 of the Revised       1,430        

Code.                                                              1,431        

      (C)  "Obligor" and "obligee" have the same meaning as in     1,433        

section 3113.21 of the Revised Code.                               1,434        

      Sec. 2301.35.  (A)  The board of county commissioners in     1,445        

each county, by resolution, shall designate one of the following   1,447        

as the child support enforcement agency for the county:  the       1,448        

county department of human services, the office of the             1,449        

                                                          35     

                                                                 
prosecuting attorney, a bureau within the court of common pleas,   1,450        

or a separate agency under the direct control of the board and     1,451        

administered by an official appointed by the board.  The board     1,452        

shall enter into a contract with the designated entity as          1,453        

required by division (B) of this section.  If, on or before        1,454        

December 31, 1987, the board does not designate and enter into a   1,455        

contract with an entity to be the county's child support           1,456        

enforcement agency, the county department of human services is     1,457        

hereby designated as the child support enforcement agency for the  1,458        

county.                                                                         

      (B)(1)  Each board of county commissioners shall enter into  1,461        

a contract with the child support enforcement agency for the       1,462        

county served by the board, as designated under division (A) of    1,463        

this section.  The contract shall specify the services the agency  1,464        

is to provide and may contain other provisions relating to the     1,465        

operation of the agency. The form and terms of the contract shall  1,466        

be consistent with the rules adopted by the state department of    1,467        

human services under division (D) of this section.  The board      1,468        

thereafter, by resolution, may change its designation of the       1,469        

child support enforcement agency after providing at least sixty    1,470        

days' notice to the state department of human services and         1,471        

publishing notice of intent to change the designation in a         1,472        

newspaper of general circulation within the county at least sixty  1,473        

days before the change takes effect.  The board shall enter into   1,474        

a contract under this division with any child support enforcement  1,475        

agency it designates under this section.                           1,476        

      (2)(a)  If a board of county commissioners, by resolution,   1,478        

changes its designation of the child support enforcement agency    1,479        

by designating a new department, office, bureau, or agency as the  1,480        

designated child support enforcement agency for the county, the    1,481        

board, notwithstanding any other section of the Revised Code,      1,482        

shall adopt a resolution stating that any employees of the         1,483        

previously designated child support enforcement agency for that    1,484        

county who also are employees of the newly designated child        1,485        

                                                          36     

                                                                 
support enforcement agency for that county and who are not         1,486        

otherwise covered by a collective bargaining agreement shall be    1,487        

treated as transfers to the newly designated agency.  The board    1,488        

of county commissioners shall state all of the following in the    1,489        

resolution:                                                        1,490        

      (i)  That the conditions of employment, compensation, and    1,492        

benefits of the transferred employees shall be consistent with     1,493        

the conditions of employment, compensation, and benefits of the    1,494        

other employees of the department, office, bureau, or agency that  1,495        

is the newly designated child support enforcement agency for that  1,496        

county;                                                            1,497        

      (ii)  That the transferred employees of the previously       1,499        

designated child support enforcement agency who become employees   1,500        

of the newly designated child support enforcement agency shall     1,501        

retain any rights they have as to classification status and        1,502        

benefits;                                                          1,503        

      (iii)  That those transferred employees may transfer         1,505        

vacation leave, sick leave, and other earned benefits that they    1,506        

earned while employed at the previously designated child support   1,507        

enforcement agency to the newly designated child support           1,508        

enforcement agency or that they may be paid for the earned         1,509        

benefits;                                                          1,510        

      (iv)  That, if the action taken by the board of county       1,512        

commissioners in the resolution transferring the employees to the  1,513        

newly designated child support enforcement agency results in a     1,514        

reduction in pay for the employees, the reduction in pay shall     1,515        

not be considered a reduction in pay pursuant to section 124.34    1,516        

of the Revised Code;                                               1,517        

      (v)  That the parties to the collective bargaining           1,519        

agreement shall agree to include any comparable classified         1,520        

employee into the existing bargaining unit for the newly           1,521        

designated child support enforcement agency.                       1,522        

      (b)  The employees of a previously designated child support  1,524        

enforcement agency who also are employees of the newly designated  1,525        

                                                          37     

                                                                 
child support enforcement agency for that county and who are       1,526        

covered by a collective bargaining agreement shall continue to be  1,527        

covered by that agreement until the agreement expires or is        1,528        

renegotiated.  The parties to the collective bargaining agreement  1,529        

shall agree to include any comparable classified employee in the   1,530        

existing bargaining unit for the newly designated child support    1,531        

enforcement agency at any time the transferred employee is not     1,532        

otherwise covered by a collective bargaining agreement.            1,533        

      (C)  The child support enforcement agency for a county is    1,535        

the local Title IV-D agency for the county and shall operate a     1,536        

program for support enforcement in the county, which program       1,537        

shall comply with Title IV-D of the "Social Security Act," 88      1,538        

Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted    1,539        

pursuant to that title, and sections 2151.23, 2151.231, 2151.232,  1,541        

2151.33, 2301.34 to 2301.42 2301.46, 3105.18, 3105.21, 3109.05,    1,542        

3109.19, 3111.13, 3111.20, 3111.21 3111.211, 3111.22, 3113.04,     1,544        

3113.21 to 3113.219, 3113.31, and 3115.22 3115.31 of the Revised   1,545        

Code.  Each child support enforcement agency shall be operated     1,547        

under the supervision of the state department of human services    1,548        

in accordance with the program of child support enforcement        1,549        

established pursuant to section 5101.31 of the Revised Code,       1,550        

shall be responsible in the county it serves for the collection    1,551        

ENFORCEMENT of payments due under support orders, and shall        1,553        

perform all administrative duties related to the collection        1,554        

ENFORCEMENT of payments due under any support order.  EXCEPT AS    1,555        

PROVIDED IN DIVISION (I) OF THIS SECTION AND PURSUANT TO SECTIONS  1,556        

2301.38 AND 2301.45 OF THE REVISED CODE, NO CHILD SUPPORT                       

ENFORCEMENT AGENCY SHALL COLLECT ANY SUPPORT AMOUNTS DUE UNDER A   1,559        

SUPPORT ORDER AS PART OF ITS DUTIES TO ENFORCE SUPPORT ORDERS.     1,560        

No child support enforcement agency shall use any social security  1,561        

number made available to it under section 3705.07 of the Revised   1,562        

Code for any purpose other than child support enforcement.  The    1,563        

department shall ensure that all child support enforcement         1,564        

agencies comply with all applicable state and federal support      1,565        

                                                          38     

                                                                 
regulations, including the affirmative duties of Title IV-D of     1,566        

the Social Security Act.                                           1,567        

      Each child support enforcement agency may enter into         1,569        

contracts with public agencies and private vendors for the         1,570        

collection of amounts due under support orders, for assistance in  1,571        

establishing paternity or support obligations, or for the          1,572        

performance of other administrative duties of the agency.  Each    1,573        

child support enforcement agency may contract with a collection    1,574        

agent in accordance with section 2301.42 of the Revised Code for   1,576        

the collection of arrearages described in that section OWED UNDER  1,578        

CHILD SUPPORT ORDERS BEING ADMINISTERED BY THE AGENCY.  Before     1,579        

entering into a contract for the collection of support,            1,580        

assistance in establishing paternity or support obligations, or    1,581        

for other administrative services, OR FOR THE COLLECTION OF        1,582        

ARREARAGES BY A COLLECTION AGENT, a child support enforcement      1,583        

agency shall comply with sections 307.86 to 307.92 of the Revised  1,584        

Code and any rules adopted by the state department of human        1,585        

services pursuant to division (D)(1) of this section.              1,586        

      (D)(1)  The state department of human services shall adopt   1,589        

rules under Chapter 119. of the Revised Code governing the         1,590        

operation of support enforcement by child support enforcement      1,591        

agencies.  The rules shall include, but shall not be limited to,   1,592        

provisions relating to contracts between the agencies and boards   1,593        

of county commissioners entered into under division (B) of this    1,594        

section, requirements for public hearings by the agencies, and     1,595        

provisions for appeals of agency decisions under procedures        1,596        

established by the department.                                                  

      (2)  The state department of human services shall adopt in   1,599        

accordance with Chapter 119. of the Revised Code rules governing   1,600        

the establishment by child support enforcement agencies of         1,601        

on-site genetic testing programs to be used in actions under       1,602        

sections 3111.01 to 3111.19 of the Revised Code and in             1,603        

administrative procedures under sections 3111.20 to 3111.29 of     1,604        

the Revised Code.  The rules shall include, but are not limited    1,605        

                                                          39     

                                                                 
to, provisions relating to the environment in which a blood or     1,606        

buccal cell sample may be drawn, the medical personnel who may                  

draw a sample, the trained personnel who may perform the genetic   1,607        

comparison, the types of genetic testing that may be performed on  1,608        

a sample, and the procedure for notifying the court of the         1,609        

location at which the sample will be drawn, who will draw the      1,611        

sample, and who will perform the genetic testing on the sample,    1,612        

and any other procedures or standards the department determines    1,613        

are necessary for the implementation of on-site genetic testing.   1,614        

      (E)(1)  The state department of human services shall adopt,  1,617        

under Chapter 119. of the Revised Code, support enforcement        1,618        

performance standards and rules establishing financial sanctions   1,619        

for counties that fail to comply with the standards and shall      1,620        

make the standards and rules available to the public, boards of    1,621        

county commissioners, and child support enforcement agencies.      1,622        

The department shall determine the degree to which each child      1,623        

support enforcement agency is complying with the standards.  If    1,624        

the department finds any child support enforcement agency to be    1,625        

substantially out of compliance with the standards, it shall       1,626        

require the agency and the board of county commissioners of the    1,627        

county served by the agency to prepare a plan to bring the agency  1,628        

into compliance with the standards.  The plan may include a        1,629        

change in the designation of the child support enforcement         1,630        

agency.  If the plan does not result in compliance with the        1,631        

standards, the department shall impose a financial sanction upon   1,632        

the county.  The board of county commissioners shall make a        1,633        

separate appropriation for the child support enforcement agency    1,634        

in the amount of the sanction and transfer that amount to the      1,635        

agency.  The child support enforcement agency shall not pay any    1,636        

part of the sanction, and the board of county commissioners shall  1,637        

not decrease county funding for the agency because of the          1,638        

sanction.  If the board of county commissioners fails to make the  1,639        

full appropriation and transfer as required by this division, the  1,640        

department shall certify to the tax commissioner the amount of     1,641        

                                                          40     

                                                                 
the sanction.  The tax commissioner shall deduct that amount from  1,642        

the local government fund distribution to which the county itself  1,643        

would otherwise be entitled and remit the amount directly to the   1,644        

child support enforcement agency to be deposited by the agency     1,645        

into a separate account to be used solely for support enforcement  1,646        

purposes.  If the department subsequently determines that the      1,647        

agency has attained substantial compliance with the standards and  1,648        

that the county has appropriated sufficient funds for the agency   1,649        

to maintain its budget at the level necessary to continue to be    1,650        

in substantial compliance, the department shall certify its        1,651        

determination to the tax commissioner, and the tax commissioner    1,652        

shall resume remitting to the county the entire amount of the      1,653        

local government fund distribution.  The board of county           1,654        

commissioners may appeal a financial sanction under Chapter 119.   1,655        

of the Revised Code.                                               1,656        

      (2)  The state department of human services shall adopt,     1,658        

under Chapter 119. of the Revised Code, rules requiring each       1,659        

child support enforcement agency to complete within designated     1,660        

periods of time specified percentages of parentage cases in which  1,661        

the agency or the mother of a child is attempting to establish a   1,662        

parent and child relationship between the child and the father of  1,663        

the child and rules establishing financial sanctions for counties  1,664        

that fail to comply with the requirements.  The department shall   1,665        

make copies of the rules available upon request to the public,     1,666        

boards of county commissioners, and child support enforcement      1,667        

agencies.  The department shall determine the degree to which      1,668        

each child support enforcement agency is complying with the        1,669        

requirements.  If the department finds any child support           1,670        

enforcement agency to be substantially out of compliance with the  1,671        

requirements, it shall require the agency and the board of county  1,672        

commissioners of the county served by the agency to prepare a      1,673        

plan to bring the agency into compliance with the requirements     1,674        

and to submit the plan to the department.  The plan may include a  1,675        

change in the designation of the child support enforcement         1,676        

                                                          41     

                                                                 
agency.  If the plan does not result in compliance with the        1,677        

requirements, the department shall impose a financial sanction     1,678        

upon the county.  If a financial sanction is imposed upon a        1,679        

county, the board of county commissioners may appeal the sanction  1,680        

under Chapter 119. of the Revised Code.                            1,681        

      (F)  Each child support enforcement agency designated under  1,683        

this section shall enter into written agreements with the courts,  1,684        

the prosecuting attorney, and law enforcement officials of the     1,685        

county it serves, which agreements shall establish cooperative     1,686        

working arrangements and specify areas of responsibility for the   1,687        

enforcement of support among the agency, courts, and officials.    1,688        

The agreements shall provide for the reimbursement of the courts   1,689        

and law enforcement officials for the responsibilities they        1,690        

assume and actions they undertake pursuant to such agreements.     1,691        

      (G)(1)  Every A child support enforcement agency shall       1,693        

maintain records listing the date a support order was entered,     1,694        

the amount of any payment made under it, the date on which         1,695        

payments are required to be made, the names and addresses of the   1,696        

parties affected by the order, and the current records of          1,697        

payments and disbursements OF SUPPORT ORDERS BEING ADMINISTERED    1,698        

OR OTHERWISE HANDLED BY THE AGENCY PURSUANT TO SECTION 5101.319    1,699        

OF THE REVISED CODE.                                                            

      (2)  Each obligor and each obligee under a support order     1,701        

may review all records maintained under division (G)(1) of this    1,702        

section that pertain to the support order and any other            1,703        

information in any file maintained by the child support            1,704        

enforcement agency, except to the extent prohibited by state or    1,705        

federal law.                                                       1,706        

      (H)(1)  If a A court or administrative agency THAT issues    1,708        

or modifies a support order on or after October 5, 1987,           1,710        

regardless of when the modified support order was issued, the      1,711        

child support enforcement agency of the county shall collect       1,712        

IMPOSE A PROCESSING CHARGE THAT IS the greater of two per cent of  1,714        

the support payment to be collected under a support order or one   1,715        

                                                          42     

                                                                 
dollar per month from ON the obligor under the support order.      1,717        

The child support enforcement agency and the court shall enter     1,718        

into an agreement that provides for the application by December    1,719        

31, 1988, of that amount to all support orders issued prior to     1,720        

October 5, 1987, unless the date for the application of that       1,721        

amount to those orders is extended by mutual agreement between     1,722        

the child support enforcement agency and the court.  The obligor   1,723        

shall pay the amount with every current support payment, and with  1,724        

every payment on arrearages.  If an obligor fails to pay the       1,725        

required amount with each support payment due in increments                     

specified under the support order, the child support enforcement   1,726        

agency shall maintain a separate arrearage account of that amount  1,727        

for that obligor.  The agency shall not deduct the unpaid amount   1,728        

from any support payment due to the obligee in increments          1,729        

specified under the support order.  If an obligor pays the         1,730        

required amount, the child support enforcement agency is not       1,731        

required to apply that payment toward any arrearages under the     1,732        

support payment.  No moneys received by a child support            1,733        

enforcement agency pursuant to this division shall be used for     1,734        

any purpose other than the provision of funds for the              1,735        

administration of its program of support enforcement NO COURT OR   1,736        

AGENCY MAY CALL THE CHARGE A POUNDAGE FEE.                         1,737        

      (2)  The board of county commissioners of each county shall  1,739        

budget and appropriate to the child support enforcement agency     1,740        

serving the county all of the following:                           1,741        

      (a)  Money collected pursuant to division (H)(1) of this     1,743        

section;                                                           1,744        

      (b)  All federal money payable to the county CHILD SUPPORT   1,746        

ENFORCEMENT AGENCY on the basis of its success in collecting       1,748        

overdue support obligations, establishing paternity, and           1,749        

implementing other activities related to child support             1,750        

enforcement under Title IV-D of the Social Security Act;           1,751        

      (c)(b)  Any funds that may be received from other federal    1,753        

or state sources for the child support enforcement agency;         1,754        

                                                          43     

                                                                 
      (d)  Notwithstanding any provision of the Revised Code that  1,756        

provides otherwise, all interest earned on moneys in the child     1,757        

support enforcement agency's depository accounts.                  1,758        

      (3)  All moneys received from the federal or state           1,760        

government for reimbursement for support enforcement activities    1,761        

shall be used solely for support enforcement activities.           1,762        

      (4)  A board of county commissioners may request that the    1,764        

department of human services grant a waiver of the requirement     1,765        

that the money specified in division (H)(2)(b)(a) of this section  1,767        

be budgeted and appropriated to the child support enforcement      1,768        

agency if the board can demonstrate, by meeting criteria           1,769        

established by the department, that the child support enforcement  1,770        

agency is effectively using procedures for establishing            1,771        

paternity, meeting the mandated service needs of clients, and      1,772        

complying with all applicable state and federal support rules and  1,773        

regulations.                                                                    

      (I)(5)  A child support enforcement agency may invest any    1,775        

of the moneys collected pursuant to the performance of its duties  1,776        

under sections 2301.34 to 2301.42 2301.46 of the Revised Code in   1,778        

a repurchase agreement in which a bank agrees to sell short-term   1,779        

federally guaranteed securities with an obligation of the bank to  1,780        

repurchase the securities.  All interest derived pursuant to       1,781        

investments made under this division shall be retained by the      1,782        

child support enforcement agency and used solely for support       1,783        

enforcement activities.                                            1,784        

      (I)(1)  NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED     1,788        

CODE AND EXCEPT AS PROVIDED IN DIVISION (I)(4) OF THIS SECTION, A  1,789        

CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT AND DISBURSE ALL                 

SUPPORT AMOUNTS UNDER A SUPPORT ORDER IT IS ADMINISTERING          1,791        

PURSUANT TO LAW AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS  1,793        

AMENDMENT AND SHALL COLLECT THE ADDITIONAL AMOUNT IMPOSED UNDER    1,794        

DIVISION (H)(1) OF THIS SECTION AS IT EXISTED PRIOR TO THE         1,796        

EFFECTIVE DATE OF THIS AMENDMENT UNTIL THE SUPPORT ORDER IS        1,797        

CONVERTED TO THE AUTOMATED DATA PROCESSING SYSTEM UNDER SECTION    1,798        

                                                          44     

                                                                 
5101.322 OF THE REVISED CODE AND THE DIVISION OF CHILD SUPPORT IN  1,800        

THE DEPARTMENT OF HUMAN SERVICES AUTHORIZES CENTRALIZED            1,801        

COLLECTION AND DISBURSEMENT OF SUPPORT AMOUNTS UNDER THE SUPPORT   1,802        

ORDER PURSUANT TO THE RULES ADOPTED UNDER DIVISION (F)(1) OF       1,803        

SECTION 5101.325 OF THE REVISED CODE.  ONCE THE SUPPORT ORDER IS   1,806        

CONVERTED AND THE DIVISION GIVES THE AUTHORIZATION, THE SUPPORT    1,807        

AMOUNTS AND THE ADDITIONAL AMOUNT SHALL BE COLLECTED, AND THE      1,808        

SUPPORT AMOUNT SHALL BE DISBURSED, UNDER THE SUPPORT ORDER         1,809        

ACCORDING TO THE PROVISIONS OF HOUSE BILL NO. 352 OF THE 122nd     1,810        

GENERAL ASSEMBLY.                                                               

      (2)  NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE   1,813        

AND EXCEPT AS PROVIDED IN DIVISION (I)(4) OF THIS SECTION, THE     1,814        

AGENCY ADMINISTERING THE SUPPORT ORDER SHALL COLLECT THE AMOUNTS   1,815        

PERMITTED TO BE COLLECTED, AND PERFORM OTHER DUTIES REQUIRED,      1,816        

WITH RESPECT TO THE SUPPORT ORDER PURSUANT TO DIVISION (D)(1) OF   1,817        

SECTION 2301.373, DIVISION (B)(3)(a) OF SECTION 2301.374,          1,819        

DIVISIONS (E)(4)(b), (F), AND (I) OF SECTION 3111.23, DIVISION     1,821        

(E) OF SECTION 3111.99, DIVISIONS (G)(4)(b), (H)(3), AND (K) OF    1,823        

SECTION 3113.21, DIVISION (B) OF SECTION 3113.212, DIVISION (E)    1,825        

OF SECTION 3113.99, AND DIVISION (A)(3) OF SECTION 5101.323 OF     1,827        

THE REVISED CODE AS THOSE SECTIONS EXISTED PRIOR TO THE EFFECTIVE  1,829        

DATE OF THIS AMENDMENT, AND THE AGENCY SHALL COLLECT THE AMOUNTS   1,830        

PERMITTED TO BE COLLECTED BY THE DIVISION, AND PERFORM OTHER       1,831        

DUTIES REQUIRED OF THE DIVISION, WITH RESPECT TO THE SUPPORT       1,832        

ORDER PURSUANT TO DIVISION (D)(1)(a) OF SECTION 2301.375 AND       1,833        

DIVISION (D)(2) OF SECTION 2301.43 OF THE REVISED CODE AS THOSE    1,836        

SECTIONS ARE ENACTED BY HOUSE BILL NO. 352 OF THE 122nd GENERAL    1,838        

ASSEMBLY, UNTIL THE SUPPORT ORDER IS CONVERTED AND AUTHORIZATION   1,839        

FOR CENTRALIZED COLLECTION AND DISBURSEMENT IS GIVEN.  ONCE THE    1,840        

SUPPORT ORDER IS CONVERTED AND THE AUTHORIZATION IS GIVEN, THE     1,841        

AMOUNTS SHALL BE COLLECTED, AND THE DUTIES SHALL BE PERFORMED, BY  1,843        

THE DIVISION ACCORDING TO THE PROVISIONS OF HOUSE BILL NO. 352 OF  1,844        

THE 122nd GENERAL ASSEMBLY.                                        1,845        

      (3)  ALL SUPPORT ORDERS SHALL BE CONVERTED AND ALL           1,847        

                                                          45     

                                                                 
AUTHORIZATIONS SHALL BE GIVEN BY THE DIVISION PRIOR TO JULY 1,     1,848        

1999.                                                                           

      (4)(a)  AFTER CONVERSION OCCURS AND AUTHORIZATION FOR        1,851        

CENTRALIZED COLLECTION AND DISBURSEMENT IS GRANTED PURSUANT TO     1,852        

THIS SECTION, A CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTINUE TO   1,853        

COLLECT THE FOLLOWING AMOUNTS FROM OBLIGORS WHO PAY THE AMOUNTS    1,854        

IN PERSON AT THE OFFICE OF THE AGENCY:                                          

      (i)  CURRENT SUPPORT AMOUNTS AND ARREARAGES DUE UNDER A      1,857        

SUPPORT ORDER BEING ADMINISTERED BY THE AGENCY AND THE ADDITIONAL  1,858        

AMOUNT IMPOSED PURSUANT TO DIVISION (H)(1) OF THIS SECTION WITH    1,859        

RESPECT TO THE ORDER;                                              1,860        

      (ii)  AMOUNTS COLLECTED PURSUANT TO DIVISION (D)(1) OF       1,863        

SECTION 2301.373, DIVISIONS (B)(3)(a) AND (C)(3)(a) OF SECTION     1,865        

2301.374, SECTION 2301.375, DIVISION (D)(2) OF SECTION 2301.43,    1,867        

DIVISION (E) OF SECTION 3111.99, DIVISION (E) OF SECTION 3113.99,  1,870        

AND DIVISION (A)(3) OF SECTION 5101.323 OF THE REVISED CODE.       1,872        

      (b)  ALL AMOUNTS COLLECTED PURSUANT TO DIVISION (I)(4)(a)    1,875        

OF THIS SECTION SHALL BE FORWARDED TO THE DIVISION NO LATER THAN   1,876        

ONE DAY AFTER RECEIPT OF THE AMOUNTS.                              1,877        

      (5)  AMOUNTS COLLECTED BY A COLLECTION AGENT THAT HAS A      1,879        

CONTRACT WITH A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO       1,880        

DIVISION (C) OF THIS SECTION SHALL BE PAID TO THE DIVISION.  THE   1,882        

AGENCY SHALL FORWARD ANY AMOUNTS COLLECTED PURSUANT TO SECTIONS    1,883        

2301.38 AND 2301.45 OF THE REVISED CODE TO THE DIVISION NO LATER   1,884        

THAN ONE DAY AFTER RECEIPT OF THOSE AMOUNTS.                                    

      (J)(1)  Subject to division (J)(2) of this section, all      1,886        

support orders that are administered by a child support            1,887        

enforcement agency designated under this section and are eligible  1,888        

for Title IV-D services shall be Title IV-D cases under Title      1,889        

IV-D of the "Social Security Act."  Subject to division (J)(2) of  1,890        

this section, all obligees of support orders administered by the   1,891        

child support enforcement agency shall be considered to have       1,892        

filed a signed application for Title IV-D services.                1,893        

      (2)  A court that, on or after July 1, 1990, issues or       1,895        

                                                          46     

                                                                 
modifies a support order shall require the obligee under the       1,896        

order to sign, at the time of the issuance or modification of the  1,897        

order, an application for Title IV-D services and to file, as      1,898        

soon as possible, the signed application with the child support    1,899        

enforcement agency that will administer the order.  The            1,900        

application shall be on a form prescribed by the department of     1,901        

human services.  A support order that is issued or modified on or  1,902        

after July 1, 1990, that is administered by a child support        1,903        

enforcement agency, and that is eligible for Title IV-D services   1,904        

shall be a Title IV-D case under Title IV-D of the "Social         1,905        

Security Act" only upon the filing of the signed application for   1,906        

Title IV-D services.                                               1,907        

      (3)  A child support enforcement agency shall make           1,909        

available an application for Title IV-D services to all persons    1,910        

requesting a child support enforcement agency's assistance in an   1,911        

action under sections 3111.01 to 3111.19 of the Revised Code or    1,912        

in an administrative proceeding brought under sections 3111.20 to  1,913        

3111.29 of the Revised Code.                                       1,914        

      (K)(1)  As used in this section, "current support payment"   1,916        

means the amount of support due an obligee that an obligor is      1,917        

required to pay in a particular payment for the current month as   1,918        

specified in a support order.  "Current support payment" does not  1,919        

include payments on arrearages under the support order.            1,920        

      (2)  As used in the Revised Code, "child support             1,922        

enforcement agency" means the child support enforcement agency     1,923        

designated under this section.                                     1,924        

      Sec. 2301.353.  (A)(1)(a)  Any consumer reporting agency     1,933        

may contact any child support enforcement agency and request the   1,934        

child support enforcement agency to provide to the consumer        1,935        

reporting agency, in accordance with this section, information as  1,936        

to all persons who have been found by a court to be in default     1,937        

under a support order being administered or otherwise handled by   1,938        

the child support enforcement agency.  If a request of that        1,939        

nature is received by a child support enforcement agency, if the   1,940        

                                                          47     

                                                                 
consumer reporting agency pays the requisite fee for the           1,941        

requested information as prescribed pursuant to division (F) of    1,942        

this section, and if, after complying with divisions (A)(2) and    1,943        

(B) to (D) of this section, the child support enforcement agency   1,944        

is required to provide the requested information with respect to   1,945        

any obligor in default under a support order being administered    1,946        

or otherwise handled by the child support enforcement agency, the  1,947        

child support enforcement agency shall comply with the request of  1,948        

the consumer reporting agency.                                     1,949        

      (b)  After complying with divisions (A)(2) and (B) to (D)    1,951        

of this section, any IF A COURT OR CHILD SUPPORT ENFORCEMENT       1,952        

AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO     1,953        

DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE THAT AN        1,954        

OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE child support     1,955        

enforcement agency may ADMINISTERING THE SUPPORT ORDER SHALL       1,956        

contact any AT LEAST ONE consumer reporting agency in the county   1,957        

in which the child support enforcement agency is located, in any   1,960        

other county of this state, or in another state and may provide    1,961        

to the consumer reporting agency information as to persons who     1,962        

have been found by a court to be in default under a support order  1,963        

being administered or otherwise handled by the child support       1,964        

enforcement agency. The administrative head of THE OBLIGOR'S       1,965        

NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFICATION  1,966        

NUMBER AND ANY OTHER IDENTIFYING INFORMATION CONCERNING THE        1,967        

OBLIGOR the child support enforcement agency shall determine, in   1,968        

his discretion and pursuant to division (A)(1)(b) of this          1,969        

section, when any consumer reporting agency will be contacted      1,970        

HAS.  A child support enforcement agency shall not charge a        1,972        

consumer reporting agency a fee for information provided by the    1,973        

child support enforcement agency pursuant to division (A)(1)(b)    1,974        

of this section.                                                                

      (2)  For purposes of this section, each child support        1,976        

enforcement agency periodically shall review its records           1,977        

maintained under section 2301.35 of the Revised Code to determine  1,978        

                                                          48     

                                                                 
whether an obligor under any support order being administered or   1,979        

otherwise handled by the agency has been found by a court to be    1,980        

in default under the support order.                                1,981        

      (B)  If a child support enforcement agency, upon conducting  1,983        

a review of its records under division (A)(2) of this section,     1,984        

determines that an obligor has been found by a court to be in      1,985        

default under a support order being administered or otherwise      1,986        

handled by it, the agency shall send written notice of its         1,987        

determination and the possible consequences to the obligor, by     1,988        

ordinary first class mail, at the most recent address it has for   1,989        

the obligor.  The notice may be incorporated in a notice of        1,990        

default sent to the obligor pursuant to section 3113.21 of the     1,991        

Revised Code or in a notice sent to the obligor pursuant to        1,992        

section 5101.32 or 5101.321 of the Revised Code.  The mailing of   1,993        

the notice shall be evidenced by a certificate of mailing filed    1,994        

with the clerk of the court.  The notice shall indicate all of     1,995        

the following:                                                     1,996        

      (1)  That the records of the child support enforcement       1,998        

agency show that the obligor has been found by a court to be in    1,999        

default under a support order;                                     2,000        

      (2)  The amount of the arrearage allegedly resulting from    2,002        

the default, as shown in the records;                              2,003        

      (3)  That, if he does not wish to contest the records, he    2,006        

must pay the arrearage within fourteen days after his receipt of   2,007        

the notice or either or both of the following may occur:           2,008        

      (a)  The child support enforcement agency, in the            2,010        

discretion of its administrative head, may contact one or more     2,011        

consumer reporting agencies in the county in which the child       2,012        

support enforcement agency is located, in another county of this   2,013        

state, or in another state and inform those agencies that the      2,014        

obligor has been found by a court to be in default under a         2,015        

support order being administered or otherwise handled by the       2,016        

child support enforcement agency.                                  2,017        

      (b)  The child support enforcement agency will inform each   2,019        

                                                          49     

                                                                 
consumer reporting agency that requests the information that the   2,020        

obligor has been found by a court to be in default under a         2,021        

support order being administered or otherwise handled by the       2,022        

child support enforcement agency.                                  2,023        

      (4)  That, if he believes the records are erroneous, he may  2,027        

file, within ten days after his receipt of the notice, a written   2,028        

request with the child support enforcement agency for a hearing    2,029        

to contest the records;                                                         

      (5)  That, if he requests a hearing within the specified     2,032        

time period, a hearing will be conducted, and, if he proves to     2,033        

the child support enforcement agency at the hearing that the       2,034        

amount of arrearage indicated is incorrect or that he actually is  2,036        

not in default under the support order, the agency will modify     2,037        

its records accordingly;                                           2,038        

      (6)  That, if he does not timely request a hearing or        2,041        

timely pay the amount of the arrearage or if he timely requests a  2,043        

hearing but the child support enforcement agency determines at     2,044        

the hearing that the obligor has been found by a court to be in    2,045        

default under a support order and that he is in default under the  2,047        

order, either or both of the following may occur:                  2,048        

      (a)  The child support enforcement agency, in the            2,050        

discretion of its administrative head, may contact one or more     2,051        

consumer reporting agencies in the county in which the child       2,052        

support enforcement agency is located, in another county of this   2,053        

state, or in another state, inform those agencies that the         2,054        

obligor has been found by a court to be in default under a         2,055        

support order being administered or otherwise handled by the       2,056        

child support enforcement agency, and indicate the amount of the   2,057        

arrearage as of that time resulting from the default.              2,058        

      (b)  The child support enforcement agency will inform each   2,060        

consumer reporting agency that requests the information that he    2,061        

has been found by a court to be in default under a support order   2,062        

being administered or otherwise handled by the child support       2,063        

enforcement agency and indicate to that consumer reporting agency  2,064        

                                                          50     

                                                                 
the amount of the arrearage as of that time resulting from the     2,065        

default.                                                           2,066        

      (C)(1)  Upon receipt of a notice pursuant to division (B)    2,068        

of this section, the obligor who is sent the notice, within ten    2,069        

days after his receipt of the notice, may file a request for a     2,070        

hearing to contest the accuracy of the records that are the        2,071        

subject of the notice.  The request shall be filed with the child  2,072        

support enforcement agency that sent the notice to him and shall   2,073        

be made on a form provided by that agency.                         2,074        

      (2)  If an obligor who is sent a written notice under        2,076        

division (B) of this section requests a hearing pursuant to        2,077        

division (C)(1) of this section within ten days after his receipt  2,078        

of the notice, the child support enforcement agency shall          2,079        

schedule a hearing within ten days after the request is made,      2,080        

shall give notice of the date, time, and place of the hearing to   2,081        

the obligor who made the request and to the obligee under the      2,082        

order, and shall conduct the hearing accordingly.  At the          2,083        

hearing, the sole issues to be decided are whether a court         2,084        

determined that the obligor is in default under the related        2,085        

support order, whether the obligor who requested the hearing       2,086        

actually is in default under the related support order and, if he  2,087        

is in default, the amount of the arrearage resulting from the      2,088        

default.  Any interested party may present testimony and other     2,089        

evidence that is relevant to the issues to be decided at the       2,090        

hearing.                                                           2,091        

      If the child support enforcement agency determines by a      2,093        

preponderance of the evidence from the testimony and evidence      2,094        

presented at the hearing that no court has determined that the     2,095        

obligor is in default under the related support order or that the  2,096        

obligor is not in default under the related support order, the     2,097        

agency shall modify its records accordingly and shall not notify   2,098        

pursuant to division (A)(1)(a) or (b) of this section any          2,099        

consumer reporting agency of any default relative to that support  2,100        

order.  If the child support enforcement agency determines at the  2,101        

                                                          51     

                                                                 
hearing that a court has determined that the obligor is in         2,102        

default under the related support order and that the obligor       2,103        

actually is in default under the related support order, it shall   2,104        

issue a written statement that the obligor has been found by a     2,105        

court to be in default under a support order and of the amount of  2,106        

the arrearage as of that time.  The child support enforcement      2,107        

agency shall give each consumer reporting agency that requested    2,108        

information pursuant to division (A)(1)(a) of this section or      2,109        

each consumer reporting agency selected by the administrative      2,110        

head of the child support enforcement agency pursuant to division  2,111        

(A)(1)(b) of this section a copy of the written statement or       2,112        

provide the consumer reporting agency with the information         2,113        

contained in the written statement.  The child support             2,114        

enforcement agency shall notify the obligor of the name, address,  2,115        

and telephone number of each consumer reporting agency to which    2,116        

it gives a copy of the written statement and of each consumer      2,117        

reporting agency to which it provides the information contained    2,118        

in the written statement.                                          2,119        

      (3)  If an obligor who is sent a written notice under        2,121        

division (B) of this section does not request a hearing within     2,122        

ten days after his receipt of the notice but the obligor pays the  2,123        

arrearage under the support order within fourteen days after his   2,124        

receipt of the notice, the child support enforcement agency shall  2,125        

modify its records accordingly and shall not notify pursuant to    2,126        

division (A)(1)(a) or (b) of this section any consumer reporting   2,127        

agency of any default relative to that order.                      2,128        

      (4)(B)  If a child support enforcement agency gives          2,130        

CONTACTS a consumer reporting agency a copy of a written           2,132        

statement that an obligor has been found by a court to be in       2,133        

default under a support order or gives the consumer reporting      2,134        

agency the information contained in the written statement          2,135        

PURSUANT TO DIVISION (A) OF THIS SECTION and if that THE obligor   2,136        

pays the entire arrearage under the support order that is the      2,137        

subject of the statement BASIS FOR THE DETERMINATION OF DEFAULT,   2,138        

                                                          52     

                                                                 
both of the following apply:                                       2,139        

      (a)(1)  The obligor may give each consumer reporting agency  2,141        

that received a copy of the written statement or the information   2,142        

contained in the written statement CONTACTED a written notice      2,143        

that the arrearage specified in the statement has been paid in     2,145        

full and may request the child support enforcement agency to give  2,146        

each consumer reporting agency that received the written           2,147        

statement or information WAS CONTACTED A written confirmation      2,148        

that the arrearage specified in the statement has been paid in     2,150        

full.  The consumer reporting agency shall not record the full     2,151        

payment of the obligor's arrearage until the child support         2,152        

enforcement agency confirms the payment.                           2,153        

      (b)(2)  If the obligor requests the child support            2,155        

enforcement agency to confirm that the arrearage has been paid in  2,156        

full, the child support enforcement agency shall give each         2,157        

consumer reporting agency to which the child support enforcement   2,158        

agency gave the written statement or the information CONTACTED     2,159        

written confirmation that the arrearage that was the subject of    2,160        

the statement has been paid in full.                               2,161        

      (D)  If an obligor who is sent a written notice under        2,163        

division (B) of this section does not request a hearing within     2,164        

ten days after his receipt of the notice and does not timely pay   2,165        

the arrearage, the child support enforcement agency shall not      2,166        

conduct a hearing on the matter, and either or both of the         2,167        

following apply:                                                   2,168        

      (1)  The child support enforcement agency, in the            2,170        

discretion of its administrative head, may contact one or more     2,171        

consumer reporting agencies in the county in which the child       2,172        

support enforcement agency is located, in another county of this   2,173        

state, or in another state and give those agencies one of the      2,174        

following:                                                         2,175        

      (a)  A written statement that its records indicate that the  2,177        

obligor has been found by a court to be in default under a         2,178        

support order being administered or otherwise handled by the       2,179        

                                                          53     

                                                                 
child support enforcement agency and of the amount of the          2,180        

arrearage resulting from the default as indicated in the records;  2,181        

      (b)  The information that would be included in a written     2,183        

statement described in division (D)(1)(a) of this section.         2,184        

      (2)  The child support enforcement agency shall give each    2,186        

consumer reporting agency that requests the information a written  2,187        

statement as described in division (D)(1)(a) of this section or    2,188        

information as described in division (D)(1)(b) of this section.    2,189        

      (E)  A notification to a consumer reporting agency under     2,191        

division (C) or (D) of this section shall include the obligor's    2,192        

name, address, and social security number or other identification  2,193        

number and any other identifying information concerning the        2,194        

obligor that is known by the child support enforcement agency.     2,195        

      (F)  The administrative head of each child support           2,197        

enforcement agency, by rule, may prescribe a reasonable fee that   2,198        

a consumer reporting agency, except as otherwise provided in this  2,199        

division, shall pay upon the making of a request for information   2,200        

pursuant to division (A)(1)(a) of this section.  The fee           2,201        

prescribed under this division shall not exceed the average        2,202        

actual cost experienced by the child support enforcement agency    2,203        

in performing the duties imposed upon it by this section in        2,204        

connection with consumer reporting agencies that make requests     2,205        

for information pursuant to division (A)(1)(a) of this section.    2,206        

A child support enforcement agency may charge the fee only when a  2,207        

consumer reporting agency has made a request for information       2,208        

pursuant to division (A)(1)(a) of this section, the child support  2,209        

enforcement agency is required to provide a notice to the obligor  2,210        

pursuant to division (B) of this section, and the notice is not    2,211        

incorporated in a notice sent to the obligor pursuant to section   2,212        

3113.21, 5101.32, or 5101.321 of the Revised Code.                 2,213        

      (G)(C)  As used in this section, "consumer reporting         2,215        

agency" has the same meaning as in section 5101.311 of the         2,216        

Revised Code.                                                                   

      Sec. 2301.355.  A CHILD SUPPORT ENFORCEMENT AGENCY MAY       2,227        

                                                          54     

                                                                 
ESTABLISH A PROGRAM TO INCREASE CHILD SUPPORT COLLECTIONS BY       2,228        

PUBLISHING AND DISTRIBUTING A SERIES OF POSTERS DISPLAYING CHILD   2,229        

SUPPORT OBLIGORS WHO ARE DELINQUENT IN THEIR SUPPORT PAYMENTS.     2,230        

EACH POSTER SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION ABOUT,   2,231        

TEN OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND WHOSE       2,232        

WHEREABOUTS ARE UNKNOWN TO THE AGENCY.  EACH POSTER SHALL LIST A   2,233        

TOLL-FREE TELEPHONE NUMBER THAT MAY BE CALLED TO REPORT            2,234        

INFORMATION REGARDING THE WHEREABOUTS OF ANY OF THE OBLIGORS       2,235        

DISPLAYED ON THE POSTER.  THE AGENCY MAY INCLUDE ANY OTHER         2,236        

INFORMATION ON THE POSTER THAT IT CONSIDERS APPROPRIATE.           2,237        

      THE AGENCY SHALL SELECT OBLIGORS FOR INCLUSION ON A POSTER   2,239        

FROM OBLIGORS THAT MEET THE CRITERIA IN DIVISION (B) OF SECTION    2,240        

5101.323 OF THE REVISED CODE.  THE AGENCY SHALL SEND NOTICE TO     2,242        

EACH OBLIGOR WHOSE NAME IS BEING CONSIDERED FOR DISPLAY ON A       2,243        

POSTER.  THE NOTICE SHALL BE SENT BY REGULAR MAIL TO THE           2,244        

OBLIGOR'S LAST KNOWN ADDRESS AND SHALL INCLUDE THE INFORMATION     2,245        

SPECIFIED IN DIVISION (A)(3) OF SECTION 5101.323 OF THE REVISED    2,248        

CODE.                                                                           

      Sec. 2301.356.  If a child support enforcement agency is     2,257        

made a party to an action brought to establish a parent and child  2,258        

relationship under sections 3111.01 to 3111.19 of the Revised      2,259        

Code and if the court orders the parties to the action to submit   2,260        

to genetic testing or if the natural mother and alleged natural    2,261        

father voluntarily agree to be bound by THE AGENCY ORDERS THE      2,262        

PARTIES TO SUBMIT TO genetic testing under sections 3111.21        2,263        

3111.22 to 3111.29 of the Revised Code, the agency shall provide   2,265        

for collection of samples and performance of genetic testing in    2,266        

accordance with generally accepted medical techniques.  If a       2,267        

court ordered the genetic testing, the agency shall inform the     2,268        

court of the procedures for collecting the samples and performing  2,269        

the genetic tests, in accordance with the rules governing on-site  2,270        

genetic testing adopted by the department of human services        2,271        

pursuant to section 2301.35 of the Revised Code.                   2,272        

      Sec. 2301.357.  (A)  Each child support enforcement agency   2,281        

                                                          55     

                                                                 
shall adopt a paternity compliance plan, establish a paternity     2,282        

compliance unit, and submit the adopted plan to the division of    2,283        

support of the department of human services in accordance with     2,284        

the rules adopted pursuant to section 5101.324 of the Revised      2,285        

Code, except that, if a child support enforcement agency           2,286        

submitted a plan to the department pursuant to division (E)(2) of  2,287        

section 2301.35 of the Revised Code and if that plan is currently  2,288        

in effect, the agency is not required to comply with this          2,289        

division.                                                          2,290        

      (B)  The department of human services shall enter into a     2,292        

contract with the department of health that requires the           2,293        

department of health to enter into a contract with local           2,294        

hospitals for the provision of staff by the hospitals to meet      2,295        

with unmarried women who give birth in or en route to the          2,296        

particular hospital.  The contract between the department of       2,297        

human services and the department of health shall provide for      2,298        

reimbursement to the hospitals for the administrative cost of      2,299        

providing staff to meet the responsibilities set forth in section  2,300        

3727.17 of the Revised Code.  The contract between the department  2,301        

of health and a local hospital shall require all of the            2,302        

following:                                                         2,303        

      (1)  That a THE hospital PROVIDE A staff person TO meet      2,306        

with each unmarried mother who gave birth in or en route to the    2,307        

hospital within twenty-four hours of the birth or before the       2,308        

mother is released from the hospital;                              2,309        

      (2)  That the staff person attempt to meet with the father   2,311        

of the unmarried mother's child if possible;                       2,312        

      (3)  That the staff person explain to the unmarried mother   2,314        

and the father, if he is present, the benefit to the child of      2,315        

establishing a parent and child relationship between the father    2,316        

and the child and the various proper procedures for establishing   2,317        

a parent and child relationship;                                   2,318        

      (4)  That the staff person present to the unmarried mother   2,320        

and, if possible, the father a THE pamphlet or statement           2,321        

                                                          56     

                                                                 
regarding the rights and responsibilities of a natural parent      2,323        

that is prepared and provided by the department of human services  2,324        

PURSUANT TO SECTION 5101.324 OF THE REVISED CODE;                  2,325        

      (5)  That the staff person provide the mother and, if        2,327        

possible, the father, all forms, AND statements, and agreements    2,329        

necessary to voluntarily establish a parent and child              2,330        

relationship, including, but not limited to, the acknowledgment    2,331        

of paternity AFFIDAVIT PREPARED BY THE DEPARTMENT OF HUMAN         2,332        

SERVICES PURSUANT TO SECTION 5101.324 OF THE REVISED CODE AND      2,333        

required by section 2105.18 5101.314 of the Revised Code and the   2,335        

voluntary agreement to be bound by the results of genetic testing  2,336        

described in section 3111.21 of the Revised Code;                               

      (6)  That the staff person, at the request of both the       2,338        

mother and father, help the mother and father complete any form,   2,339        

OR statement, or agreement necessary to establish a parent and     2,341        

child relationship;                                                2,342        

      (7)  THAT THE HOSPITAL PROVIDE A NOTARY PUBLIC TO NOTARIZE   2,344        

AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT SIGNED BY THE MOTHER AND  2,345        

FATHER;                                                            2,346        

      (8)  That the staff person present to an unmarried mother    2,348        

who is not a recipient of medicaid or aid to dependent children    2,349        

an application for Title IV-D services;                            2,350        

      (8)(9)  That the staff person forward any completed          2,352        

acknowledgment of paternity, NO LATER THAN TEN DAYS AFTER IT IS    2,353        

COMPLETED, to the probate court in the county in which the child   2,355        

or the guardian or legal custodian of the child resides DIVISION   2,356        

OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES;                           

      (10)  THAT THE DEPARTMENT OF HUMAN SERVICES PAY THE          2,358        

HOSPITAL TWENTY DOLLARS FOR EVERY CORRECTLY SIGNED AND NOTARIZED   2,359        

ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT FROM THE HOSPITAL.           2,360        

      ON OR BEFORE APRIL 1, 1998, EACH HOSPITAL SHALL ENTER INTO   2,363        

A CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO THIS  2,364        

SECTION REGARDING THE DUTIES IMPOSED BY THIS SECTION AND SECTION   2,365        

3727.17 OF THE REVISED CODE CONCERNING PATERNITY ESTABLISHMENT.    2,367        

                                                          57     

                                                                 
A HOSPITAL THAT FAILS TO ENTER INTO A CONTRACT SHALL NOT RECEIVE   2,368        

THE FEE FROM THE DEPARTMENT FOR CORRECTLY SIGNED AND NOTARIZED     2,369        

AFFIDAVITS SUBMITTED BY THE HOSPITAL.                              2,370        

      (C)  NOT LATER THAN JULY 1, 1998, AND THE FIRST DAY OF EACH  2,374        

JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES SHALL COMPLETE   2,375        

A REPORT ON THE HOSPITALS THAT HAVE NOT ENTERED INTO CONTRACTS     2,376        

DESCRIBED IN THIS SECTION.  THE DEPARTMENT SHALL SUBMIT THE        2,377        

REPORT TO THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE       2,378        

COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE WITH         2,379        

PRIMARY RESPONSIBILITY FOR ISSUES CONCERNING PATERNITY             2,380        

ESTABLISHMENT.                                                                  

      (D)  IF THE HOSPITAL KNOWS OR DETERMINES THAT A MAN IS       2,382        

PRESUMED UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE       2,384        

FATHER OF THE CHILD DESCRIBED IN THIS SECTION, THE HOSPITAL SHALL  2,385        

TAKE NO FURTHER ACTION WITH REGARD TO AN ACKNOWLEDGMENT AND SHALL  2,386        

NOT SEND AN ACKNOWLEDGMENT TO THE DIVISION.                        2,387        

      Sec. 2301.358.  (A)  A child support enforcement agency, in  2,396        

accordance with the rules adopted by the department of human       2,397        

services pursuant to division (B) of this section, shall employ    2,398        

an administrative officer, contract with another entity to         2,399        

provide an administrative officer, or contract with an individual  2,400        

to serve as an administrative officer to issue, in accordance      2,401        

with sections 3111.21 3111.22 to 3111.29 and 3113.215 of the       2,402        

Revised Code, administrative orders determining the existence or   2,404        

nonexistence of a parent and child relationship and requiring the  2,405        

payment of child support, or in accordance with sections 3111.20,  2,406        

3111.23 to 3111.29, and 3113.215 of the Revised Code,              2,407        

administrative orders requiring the payment of child support.      2,409        

      (B)  The department of human services shall adopt rules in   2,411        

accordance with Chapter 119. of the Revised Code regulating        2,412        

administrative officers who issue administrative orders described  2,414        

in division (A) of this section, including, but not limited to:    2,416        

      (1)  The qualifications of the administrative officer;       2,418        

      (2)  Any other procedures, requirements, or standards        2,420        

                                                          58     

                                                                 
necessary for the employment of the administrative officer.        2,421        

      Sec. 2301.36.  (A)  Upon issuing or modifying a support      2,430        

order, issuing any withholding or deduction notice described in    2,431        

division (D) of section 3113.21 of the Revised Code, or issuing a  2,432        

court order described in division (D)(6)(3) or (7)(4) of that      2,434        

section, the court shall require that support payments be made to  2,435        

the DIVISION OF child support enforcement agency of the county IN  2,436        

THE DEPARTMENT OF HUMAN SERVICES as trustee for remittance to the  2,438        

person entitled to receive payments, except as otherwise provided  2,439        

in DIVISION (I) OF SECTION 2301.35 OR sections 2151.49 and         2,440        

3113.07 of the Revised Code.  Any payment of money by the person   2,441        

responsible for the support payments under a support order to the  2,442        

person entitled to receive the support payments that is not made   2,443        

to the child support enforcement agency DIVISION in accordance     2,444        

with the applicable support order shall not be considered as a     2,446        

payment of support and, unless the payment is made to discharge    2,447        

an obligation other than support, shall be deemed to be a gift.    2,448        

Section 329.043 and division DIVISION (C) of section 3113.211 AND  2,449        

SECTION 5101.325 of the Revised Code apply to support payments     2,451        

made to the child support enforcement agency DIVISION.             2,452        

      (B)  Upon issuing or modifying WHEN a support order IS       2,454        

ISSUED OR MODIFIED, issuing any A withholding or deduction notice  2,456        

described in division (D) of section 3113.21 OR DIVISION (B) OF    2,457        

SECTION 3111.23 of the Revised Code IS ISSUED, or issuing a court  2,458        

AN order described in division (D)(6)(3) or (7)(4) of that         2,461        

section 3113.21 OR SECTION 3111.231 OF THE REVISED CODE IS         2,462        

ISSUED, or at any time after the issuance or modification of the   2,463        

SUPPORT order IS ISSUED OR MODIFIED, the court may order the       2,466        

child support enforcement agency DIVISION to, OR THE AGENCY MAY    2,467        

ISSUE AN ORDER REQUIRING THE DIVISION TO, transmit the payments    2,469        

or make them payable to any third person that is either agreed     2,470        

upon by the parties and approved by the court or appointed by the  2,471        

court, WITH RESPECT TO A COURT-ISSUED SUPPORT ORDER, OR IS EITHER  2,472        

AGREED UPON BY THE PARTIES AND APPROVED BY THE AGENCY OR                        

                                                          59     

                                                                 
APPOINTED BY THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE         2,473        

SUPPORT ORDER.  Third persons include, but are not limited to, a   2,474        

trustee, a custodian, the guardian of the estate of the child,     2,475        

the county department of human services, county children's         2,476        

services board, or any appropriate social agency.                  2,477        

      (C)  Any person named pursuant to division (B) of this       2,479        

section is entitled to receive the support payments.  The court    2,480        

may allow the person to receive a reasonable fee for services      2,481        

rendered pursuant to this section.  The person shall make          2,482        

financial reports in connection with these services at the time    2,483        

and in the manner prescribed by the court or as required by law.   2,484        

      (D)  The parties affected by the support order shall inform  2,486        

the child support enforcement agency of any change of name or      2,487        

address or other change of conditions that may affect the          2,488        

administration of the order.                                       2,489        

      (E)  Any person entitled to receive support payments either  2,491        

personally or on behalf of another person, by reason of any        2,492        

support order that does not direct that payments be made to the    2,493        

child support enforcement agency DIVISION, may apply to the        2,494        

appropriate agency for the administration of the order.  Upon      2,496        

receipt of the application, the agency has the same powers to      2,497        

administer the order as it would have had if the order had been    2,498        

entered under division (A) of this section.  The agency shall      2,499        

notify the obligor by any method of service authorized under the   2,500        

Civil Rules to make all support payments due after service of the  2,501        

notice upon him THE OBLIGOR to the agency DIVISION.  An obligor    2,503        

so notified by a child support enforcement shall make all          2,504        

subsequent payments to the agency DIVISION unless the involved     2,505        

court, upon the obligor's application filed within thirty days     2,507        

after service of the notice upon him THE OBLIGOR, orders the       2,509        

CHILD SUPPORT ENFORCEMENT agency not to administer the support     2,510        

order.                                                                          

      Sec. 2301.37.  (A)  If the records maintained by a child     2,519        

support enforcement agency under section 2301.35 of the Revised    2,520        

                                                          60     

                                                                 
Code indicate that an obligor is in default, the agency shall      2,521        

comply with section 3113.21 of the Revised Code.                   2,522        

      (B)  If the court is required to issue a withholding or      2,524        

deduction notice under division (D) of section 3113.21 of the      2,525        

Revised Code or to issue a court order described in division       2,527        

(D)(6)(3) or (7)(4) of that section and fails to do so, if the     2,528        

court issued an order under division (B)(1) of section 3113.21 of  2,529        

the Revised Code, as it existed immediately preceding December 1,  2,530        

1986, or issues a withholding or deduction notice under division   2,531        

(D) of section 3113.21 of the Revised Code or issues a court       2,532        

order described in division (D)(6)(3) or (7)(4) of that section    2,534        

and the court determines that the order, withholding or deduction  2,535        

notice will not ensure payment of the support due under the child  2,536        

support order, or if the obligor fails after the issuance of a     2,537        

notice or court order under section 3113.21 of the Revised Code    2,538        

to comply with the notice or court order, the court shall notify   2,539        

the child support enforcement agency, and the agency shall notify  2,540        

the obligee of the default, of the obligee's rights and remedies,  2,541        

and that the child support enforcement agency is the agency        2,542        

designated in the county to provide for the enforcement of         2,543        

support orders under section 2301.35 of the Revised Code, Title    2,544        

IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.  2,545        

301, as amended, and section 5101.31 of the Revised Code.  The     2,546        

notice shall contain a printed explanation of the provisions of    2,547        

sections 2301.37 to 2301.40 and 3113.21 of the Revised Code.       2,548        

      (C)  No child support enforcement agency, solely because     2,550        

the support due under a support order has not been paid or has     2,551        

not been paid periodically or recently, shall consider, list, or   2,552        

otherwise administer the support order or the case pertaining to   2,553        

it as if either were closed or close the files or the case         2,554        

pertaining to the support order.  The department of human          2,555        

services shall adopt, revise, or amend rules under Chapter 119.    2,556        

of the Revised Code to assist in the implementation of this        2,557        

division.                                                          2,558        

                                                          61     

                                                                 
      Sec. 2301.371.  (A)  If a child support enforcement agency   2,567        

discovers pursuant to an investigation conducted under section     2,568        

2301.37 of the Revised Code that an obligor under a child support  2,569        

order that it is administering may be receiving unemployment       2,570        

compensation benefits or if a child support enforcement agency     2,571        

receives notice or otherwise discovers that an obligor under a     2,572        

child support order may be receiving unemployment compensation     2,573        

benefits, the agency promptly shall conduct an investigation to    2,574        

determine whether the obligor is receiving unemployment            2,575        

compensation benefits and to determine the amount of the           2,576        

benefits.  The investigation shall be completed within ten days    2,577        

of the agency's discovery or receipt of the notice.                2,578        

      (B)  Upon completion of an investigation conducted under     2,580        

division (A) of this section, the agency immediately shall file    2,581        

its findings with the appropriate court, and, if its findings      2,582        

indicate THE AGENCY FINDS that the obligor is receiving            2,583        

unemployment compensation benefits, it shall prepare a proposed    2,585        

order to, IN ACCORDANCE WITH SECTIONS 3111.20 TO 3111.28 AND       2,586        

3113.21 TO 3113.219 OF THE REVISED CODE, DIVISION (D)(4) OF        2,588        

SECTION 4141.28 OF THE REVISED CODE, AND FEDERAL LAW GOVERNING                  

THE BUREAU OF EMPLOYMENT SERVICES, NOTIFY THE BUREAU OF            2,589        

EMPLOYMENT SERVICES TO WITHHOLD OR deduct an amount from the       2,591        

unemployment compensation benefits for purposes of TO PAY child    2,592        

support OBLIGATIONS.  The agency shall file a copy of the          2,593        

proposed deduction order with the appropriate court, immediately   2,594        

shall send a copy of its findings and a copy of the proposed       2,595        

order to the obligee under the child support order, and            2,596        

immediately shall send all of the following to the obligor under   2,597        

the child support order:                                                        

      (1)  A copy of its findings;                                 2,599        

      (2)  A copy of the proposed order to deduct an amount from   2,601        

the unemployment compensation benefits of the obligor for          2,602        

purposes of child support, together with a copy of the guideline   2,603        

worksheets used in preparing the proposed order;                   2,604        

                                                          62     

                                                                 
      (3)  A notice that contains the date on which the notice is  2,606        

sent and contains a statement that the amount to be deducted       2,607        

under the proposed order does not exceed the amount permitted to   2,608        

be deducted under section 303(b) of the "Consumer Credit           2,609        

Protection Act," 15 U.S.C. 1673(b);                                2,610        

      (4)  A conspicuous notice that the obligor may contest the   2,612        

entering of an order to deduct an amount from the obligor's        2,613        

unemployment compensation benefits for purposes of child support   2,614        

by filing with the agency, within ten days after the date on       2,615        

which the notice was sent to the obligor under division (B)(3) of  2,616        

this section as indicated in that notice, a written request that   2,617        

the agency hold an administrative hearing to determine whether,    2,618        

because of a mistake in fact, the entering of the order to deduct  2,619        

an amount from the unemployment compensation benefits of the       2,620        

obligor for purposes of child support would not be proper;         2,621        

      (5)  A notice that, if the obligor does not timely request   2,623        

a hearing in accordance with the provisions of division (B)(4) of  2,624        

this section and if the court concurs with the findings of fact    2,625        

of the agency, an order for the deduction of an amount from the    2,626        

obligor's unemployment compensation benefits for purposes of       2,627        

child support that is the same as the proposed order to deduct an  2,628        

amount from the unemployment compensation benefits for that        2,629        

purpose will be issued and that the amount stated in the order     2,630        

will be deducted from the unemployment compensation benefits of    2,631        

the obligor for purposes of child support.                         2,632        

      (C)(1)  Upon receipt of a notice under division (B) of this  2,634        

section, an obligor, within ten days after the date on which the   2,635        

notice was sent to him, may file with the child support            2,636        

enforcement agency that sent the notice a written request that     2,637        

the agency hold an administrative hearing to determine whether,    2,638        

because of a mistake in fact, the entering of an order to deduct   2,639        

an amount from the unemployment compensation benefits of the       2,640        

obligor for purposes of child support would not be proper.         2,641        

      (2)  If an obligor who is sent a notice under division (B)   2,643        

                                                          63     

                                                                 
of this section does not timely file a written request for a       2,644        

hearing in accordance with division (C)(1) of this section, the    2,645        

child support enforcement agency immediately shall notify the      2,646        

court to which it sent its findings of fact and the proposed       2,647        

deduction order that no request for a hearing was timely filed.    2,648        

Upon receipt of the notice, if the court concurs in the findings   2,649        

of fact of the agency, it immediately shall issue an order for     2,650        

the deduction of an amount from the obligor's unemployment         2,651        

compensation benefits for purposes of child support that           2,652        

corresponds to the proposed deduction order sent to it by the      2,653        

agency.                                                            2,654        

      (3)  If an obligor who is sent a notice under division (B)   2,656        

of this section timely files a written request for a hearing in    2,657        

accordance with division (C)(1) of this section, the child         2,658        

support enforcement agency shall conduct an administrative         2,659        

hearing in accordance with this division.  Upon the timely filing  2,660        

of the request, the agency immediately shall notify the court to   2,661        

which it sent its findings of fact and the copy of the proposed    2,662        

deduction order that the request was filed and shall conduct an    2,663        

administrative hearing on the request as soon as possible, but no  2,664        

later than ten days, after the request is filed.  The hearing      2,665        

shall be limited to a determination of whether, because of a       2,666        

mistake in fact, the entering of an order to deduct an amount      2,667        

from the unemployment compensation benefits of the obligor for     2,668        

purposes of child support would not be proper.  The obligor and    2,669        

the obligee shall be sent written notice of the date, time,        2,670        

place, and purpose of the hearing, no later than five days before  2,671        

the date on which it is to be conducted, and the notice to the     2,672        

obligor shall indicate that the obligor may present testimony and  2,673        

evidence as to whether, because of a mistake in fact, the          2,674        

entering of an order to deduct an amount from the unemployment     2,675        

compensation benefits of the obligor for purposes of child         2,676        

support would not be proper.                                       2,677        

      Upon completion of a hearing conducted under this division,  2,679        

                                                          64     

                                                                 
the agency shall notify the court and the obligor of its           2,680        

determination.  If the determination indicates that, because of a  2,681        

mistake in fact, the entering of an order to deduct an amount      2,682        

from the unemployment compensation benefits of the obligor would   2,683        

not be proper, the court shall not issue an order requiring a      2,684        

deduction of an amount from the unemployment compensation          2,685        

benefits of the obligor.  If the determination does not so         2,686        

indicate, the determination also shall notify the obligor that,    2,687        

within ten days after the date on which the determination is       2,688        

issued, he may file a written request for a court hearing on the   2,689        

determination.                                                     2,690        

      (D)(1)  Upon receipt of a determination under division       2,692        

(C)(3) of this section that includes a notice informing him of     2,693        

his right to receive a court hearing, an obligor, within ten days  2,694        

after the date on which the determination was issued, may file     2,695        

with the court a written request for a court hearing on the        2,696        

determination.                                                     2,697        

      (2)  If an obligor who receives a determination under        2,699        

division (C)(3) of this section that includes a notice informing   2,700        

him of his right to receive a court hearing does not timely file   2,701        

a written request for a court hearing on the determination, in     2,702        

accordance with division (D)(1) of this section, the court, if it  2,703        

concurs in the findings of fact and determination of the agency,   2,704        

immediately shall issue an order for the deduction of an amount    2,705        

from the obligor's unemployment compensation benefits for          2,706        

purposes of child support that corresponds to the proposed         2,707        

deduction order sent to it by the agency.                          2,708        

      (3)  If an obligor who receives a determination under        2,710        

division (C)(3) of this section that includes a notice informing   2,711        

him of his right to receive a court hearing timely files a         2,712        

written request for a court hearing on the determination, in       2,713        

accordance with division (D)(1) of this section, the court shall   2,714        

hold a hearing on the request as soon as possible, but no later    2,715        

than five days, after the request is filed.  The hearing shall be  2,716        

                                                          65     

                                                                 
limited to a determination of whether, because of a mistake in     2,717        

fact, the entering of an order to deduct an amount from the        2,718        

unemployment compensation benefits of the obligor for purposes of  2,719        

child support would not be proper and the amount to be deducted    2,720        

from the benefits.                                                 2,721        

      If, at the hearing, the court concurs with the findings of   2,723        

fact and the determination sent to it by the child support         2,724        

enforcement agency under division (B) of this section, the court   2,725        

shall issue an order for the deduction of an amount from the       2,726        

unemployment compensation benefits of the obligor for purposes of  2,727        

child support that corresponds to the proposed deduction order     2,728        

sent to it by the agency.                                          2,729        

      If, at the hearing, the court detects a mistake in fact in   2,731        

the findings or determination sent to it by the agency, discovers  2,732        

other irregularities in the findings or determination of the       2,733        

agency, or determines that the findings or determination of the    2,734        

agency are not sufficiently complete to enable the court to issue  2,735        

an order, the court shall return the findings and determination    2,736        

to the agency, notify the agency of the mistake in fact,           2,737        

irregularities, or incompleteness, and order the agency to         2,738        

correct the findings and determination and, as soon as possible,   2,739        

return them as corrected, together with a new proposed order of    2,740        

the type described in division (B) of this section, to the court.  2,741        

Immediately upon the filing of the corrected findings and          2,742        

determination and the new proposed order, the court shall issue    2,743        

an order requiring the deduction of an amount from the             2,744        

unemployment compensation benefits of the obligor for purposes of  2,745        

child support, if it determines that the order is appropriate, or  2,746        

shall decline to issue an order requiring the deduction of an      2,747        

amount from the obligor's unemployment compensation benefits, if   2,748        

it determines that its issuance would not be appropriate  THE      2,750        

AGENCY MAY NOT IMPOSE THE PROCESSING CHARGE PURSUANT TO DIVISION                

(H)(1) OF SECTION 2301.35 OF THE REVISED CODE WITH RESPECT TO      2,751        

AMOUNTS WITHHELD OR DEDUCTED FROM UNEMPLOYMENT COMPENSATION        2,752        

                                                          66     

                                                                 
PURSUANT TO THIS SECTION.                                                       

      (C)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN   2,754        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT      2,755        

THIS SECTION, WHICH RULES SHALL BE CONSISTENT WITH DIVISION        2,756        

(D)(4) OF SECTION 4141.28 OF THE REVISED CODE AND FEDERAL LAW      2,757        

GOVERNING THE BUREAU OF EMPLOYMENT SERVICES.                                    

      Sec. 2301.373.  (A)(1)  As used in this section and in       2,766        

section SECTIONS 2301.374 AND 2301.375 of the Revised Code,        2,769        

"child support order" means any order issued for the support of a  2,770        

child pursuant to Chapter 3115. or section 2151.23, 2151.231,      2,771        

2151.232, 2151.36, 2151.49, 3105.21, 3109.05, 3111.13, 3111.20,    2,772        

3111.21 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, or 3113.31  2,773        

of the Revised Code.                                                            

      (2)  As used in this section:                                2,775        

      (a)  "Board" means any entity that has the authority         2,777        

pursuant to Title XLVII of the Revised Code to issue a license,    2,778        

and any other agency of this state, other than the supreme court,  2,779        

that has the authority to issue a license that authorizes an       2,780        

individual to engage in an occupation or profession.  "Board"      2,781        

includes an administrative officer that has authority to issue a   2,782        

license that authorizes an individual to engage in an occupation   2,783        

or profession.                                                                  

      (b)  "License" includes a license, certificate, permit,      2,785        

registration, or other authorization to engage in an occupation    2,786        

or profession.                                                     2,787        

      (c)  "OBLIGOR" MEANS AN INDIVIDUAL REQUIRED TO PAY SUPPORT   2,789        

UNDER A CHILD SUPPORT ORDER.                                       2,790        

      (B)(1)  If a court or child support enforcement agency       2,792        

makes a final and enforceable determination pursuant to division   2,793        

(B) of section 3113.21 of the Revised Code that an individual is   2,794        

in default under a child support order, the agency administering   2,796        

or handling the child support order may determine whether the      2,797        

individual holds a license issued by a board to engage in an       2,798        

occupation or profession or, if possible, whether the individual   2,800        

                                                          67     

                                                                 
has applied for, or is likely to apply for, such a license.  If    2,802        

the agency determines that the individual is a license holder,                  

has applied for, or is likely to apply for a license, it shall     2,803        

send to the individual the notice specified in division (C) of     2,805        

this section.  The agency also may send a notice to the board      2,806        

that gives the name and social security number or other            2,807        

identifying number of the individual and states that a court or    2,808        

agency has determined the individual to be in default under a      2,809        

child support order.                                               2,810        

      (2)  IF AN OBLIGOR FAILS, AFTER RECEIVING APPROPRIATE        2,813        

NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT   2,814        

OR A CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A            2,815        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, THE AGENCY            2,816        

ADMINISTERING OR HANDLING THE CHILD SUPPORT ORDER MAY DETERMINE    2,817        

WHETHER THE OBLIGOR HOLDS A LICENSE OR, IF POSSIBLE, WHETHER THE   2,819        

OBLIGOR HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR, A LICENSE.     2,820        

IF THE AGENCY DETERMINES THAT THE OBLIGOR IS A LICENSE HOLDER,     2,821        

HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR A LICENSE, IT SHALL     2,822        

SEND THE OBLIGOR THE NOTICE SPECIFIED IN DIVISION (C) OF THIS      2,823        

SECTION.  THE AGENCY MAY ALSO SEND A NOTICE TO THE BOARD THAT      2,824        

GIVES THE NAME AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING     2,825        

NUMBER OF THE OBLIGOR AND STATES THAT THE OBLIGOR HAS FAILED TO    2,826        

COMPLY WITH A WARRANT OR SUBPOENA ISSUED BY A COURT OR CHILD       2,827        

SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO         2,828        

ENFORCE A CHILD SUPPORT ORDER.                                     2,829        

      (C)  Notice shall be sent to the individual described in     2,832        

division (B) of this section by first class mail IN COMPLIANCE                  

WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE.  The  2,833        

notice shall specify that a court or agency has determined the     2,834        

individual to be in default under a child support order OR THAT    2,835        

THE INDIVIDUAL IS AN OBLIGOR WHO HAS FAILED TO COMPLY WITH A       2,836        

SUBPOENA OR WARRANT ISSUED BY A COURT OR AGENCY WITH RESPECT TO A  2,837        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, that a notice         2,838        

containing the individual's name and social security number or     2,840        

                                                          68     

                                                                 
other identification number may be sent under division (B) of      2,841        

this section to every board that has authority to issue or has     2,842        

issued the individual a license, and that, if the board receives   2,843        

that notice and determines that the individual is the individual   2,845        

named in that notice and the board has not received notice under   2,846        

division (D) of this section, all of the following will occur:     2,847        

      (1)  The board will not issue any license to the individual  2,849        

or renew any license of the individual;                            2,850        

      (2)  The board will suspend any license of the individual    2,852        

if it determines that the individual is the individual named in    2,853        

the notice sent to the board under division (B) of this section;   2,855        

      (3)  If the individual is the individual named in the        2,857        

notice, the board will not issue any license to the individual,    2,859        

and will not reinstate a suspended license, until the board        2,860        

receives a notice under division (D) of this section.              2,861        

      (D)(1)  An agency that sent a notice to a board under        2,864        

division (B)(1) of this section shall send to each board to which  2,865        

it sent the notice a further notice that the individual is not in  2,866        

default under a child support order if it determines that the      2,867        

individual is not in default or any of the following occurs:       2,868        

      (1)(a)  The individual makes full payment to the agency      2,870        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR,  2,872        

PURSUANT TO DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED      2,873        

CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY of the arrearage that   2,876        

was the basis for the court or agency determination that the                    

individual was in default;                                         2,877        

      (2)(b)  An appropriate withholding or deduction notice or    2,879        

other appropriate order has been issued pursuant to section        2,881        

3113.21 of the Revised Code to collect current support and any     2,882        

arrearage due under the child support order that was in default    2,883        

and the individual is complying with the notice or order;          2,884        

      (3)(c)  A new child support order has been issued or the     2,886        

child support order that was in default has been modified as       2,888        

provided under sections 3113.21 to 3113.219 of the Revised Code    2,889        

                                                          69     

                                                                 
to collect current support and any arrearage due under the child   2,890        

support order that was in default and the individual is complying  2,891        

with the new or modified child support order.                      2,892        

      The agency shall send the notice under this division not     2,894        

later than seven days after the agency determines the individual   2,895        

is not in default or that any of the circumstances specified in    2,896        

division (D)(1), (2), or (3)(a), (b), OR (c) of this section has   2,898        

occurred.                                                                       

      (2)  AN AGENCY THAT SENT A NOTICE TO A BOARD UNDER DIVISION  2,901        

(B)(2) OF THIS SECTION SHALL SEND TO EACH BOARD TO WHICH IT SENT   2,902        

THE NOTICE A FURTHER NOTICE THAT THE OBLIGOR IS NO LONGER OUT OF   2,903        

COMPLIANCE IF THE COURT OR AGENCY THAT ISSUED THE WARRANT OR       2,904        

SUBPOENA REMOVES THE WARRANT OR DETERMINES THAT THE OBLIGOR HAS    2,905        

COMPLIED WITH THE SUBPOENA.                                        2,906        

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT     2,908        

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   2,909        

THE CIRCUMSTANCES SPECIFIED IN DIVISION (D)(2) HAS OCCURRED.       2,911        

      (E)(1)  A BOARD SHALL REQUIRE EACH APPLICATION FOR A         2,913        

LICENSE, OR RENEWAL OF A LICENSE, ISSUED BY THE BOARD TO INCLUDE   2,914        

THE APPLICANT'S SOCIAL SECURITY NUMBER.                            2,915        

      (2)  On receipt of a notice pursuant to division (B) of      2,918        

this section, a board shall determine whether the individual       2,919        

named in the notice holds or has applied for a license from the    2,920        

board.  If the board determines that the individual holds or has   2,922        

applied for a license and the individual is the individual named   2,923        

in the notice and does not receive a notice pursuant to division   2,924        

(D) of this section, the board may not issue a license to the      2,925        

individual, may not renew a license issued to the individual, and  2,926        

shall suspend any license issued to the individual.                             

      (2)(3)  The board shall maintain a file containing each      2,928        

notice it receives pursuant to division (B) of this section that   2,930        

names an individual who does not hold a license issued by the      2,931        

board.  On receipt of an application for a license from such an    2,932        

individual, the board shall proceed in accordance with division    2,933        

                                                          70     

                                                                 
(E)(1)(2) of this section.                                                      

      (3)(4)  Not later than seven days after receipt of a notice  2,935        

pursuant to division (D) of this section, the board shall, if the  2,938        

individual is otherwise eligible for the license and wants the     2,939        

license, issue a license to or renew a license of the individual,  2,940        

or if the individual's license was suspended pursuant to division  2,941        

(E)(1)(2) of this section, end the suspension.  The board may      2,943        

charge a fee of not more than fifty dollars to issue or renew or   2,944        

end the suspension of a license pursuant to this division.                      

      (4)(5)  Notwithstanding section 119.06 of the Revised Code,  2,947        

the board shall not hold any hearing in connection with an order   2,948        

refusing to issue or renew a license for, or suspending a license  2,949        

of, an individual pursuant to this section.                        2,950        

      (F)  The department of human services may adopt rules in     2,952        

accordance with Chapter 119. of the Revised Code to implement      2,953        

this section.                                                                   

      Sec. 2301.374.  (A)  The director of human services shall    2,962        

specify a date for the purposes of this section, which shall be    2,964        

the later of the date the support enforcement tracking system is   2,965        

expected to be operational in all the counties of the state, or    2,966        

the date that is six months after the effective date of this       2,967        

section NOVEMBER 15, 1997.                                                      

      (B)(1)(a)  If a court or child support enforcement agency    2,970        

makes a final and enforceable determination pursuant to division                

(B) of section 3113.21 of the Revised Code prior to the date       2,971        

specified under division (A) of this section that an individual    2,972        

is in default under a child support order, the agency              2,973        

administering or handling the child support order may determine    2,975        

whether the individual holds a commercial driver's license or      2,976        

commercial driver's temporary instruction permit issued by the     2,977        

registrar of motor vehicles or a deputy registrar or, if           2,978        

possible, whether the individual has applied, or is likely to      2,979        

apply, for such a license or permit.  If the agency determines     2,980        

that the individual holds, has applied for, or is likely to apply  2,981        

                                                          71     

                                                                 
for, such a license or permit, it shall send the individual the    2,982        

notice specified in division (B)(2) of this section.  The agency   2,983        

also may send a notice to the registrar of motor vehicles that     2,984        

gives the name and social security number or other identifying     2,985        

number of the individual and states that a court or agency has     2,986        

determined the individual to be in default under a child support   2,987        

order.                                                                          

      (b)  IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD  2,990        

SUPPORT ORDER PRIOR TO THE DATE SPECIFIED IN DIVISION (A) OF THIS  2,991        

SECTION FAILS, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY WITH  2,992        

A SUBPOENA OR WARRANT ISSUED BY THE COURT OR A CHILD SUPPORT       2,993        

ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A       2,994        

CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE CHILD SUPPORT    2,995        

ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A COMMERCIAL      2,996        

DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION      2,997        

PERMIT ISSUED BY THE REGISTRAR OF MOTOR VEHICLES OR A DEPUTY       2,998        

REGISTRAR OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED, OR  2,999        

IS LIKELY TO APPLY, FOR SUCH A LICENSE OR PERMIT.  IF THE AGENCY   3,000        

DETERMINES THAT THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS       3,001        

LIKELY TO APPLY FOR, SUCH A LICENSE OR PERMIT, IT SHALL SEND THE   3,002        

INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (B)(2) OF THIS         3,004        

SECTION.  THE AGENCY MAY ALSO SEND A NOTICE TO THE REGISTRAR OF    3,005        

MOTOR VEHICLES THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR   3,006        

OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE     3,007        

INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED  3,008        

BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A   3,009        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER.                       3,010        

      (2)  Notice shall be sent to the individual described in     3,013        

division (B)(1) of this section by first class mail IN COMPLIANCE  3,014        

WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE.  The  3,015        

notice shall specify that a court or agency has determined the     3,017        

individual to be in default under a child support order OR THAT    3,018        

THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS   3,019        

FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR   3,020        

                                                          72     

                                                                 
AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT     3,021        

ORDER, that a notice containing the individual's name and social   3,022        

security number or other identification number may be sent under   3,023        

division (B)(1) of this section to the registrar, and that, if     3,025        

the registrar receives that notice and determines that the                      

individual is the individual named in that notice and the          3,026        

registrar has not received notice under division (B)(3) of this    3,028        

section, all of the following will occur:                                       

      (a)  The registrar and all deputy registrars will be         3,031        

prohibited from issuing to, or renewing for, the individual a      3,032        

commercial driver's license or commercial driver's temporary                    

instruction permit;                                                3,033        

      (b)  If the individual holds a commercial driver's license   3,035        

or commercial driver's temporary instruction permit, the           3,036        

registrar will impose a disqualification as defined in section     3,037        

4506.01 of the Revised Code with respect to the license or permit  3,039        

if the registrar determines that the individual is the individual  3,040        

named in the notice sent pursuant to division (B)(1) of this       3,041        

section;                                                                        

      (c)  If the individual is the individual named in the        3,043        

notice, the individual will not be issued, and the                 3,044        

disqualification will not be removed with respect to, any license  3,045        

or permit listed in division (B)(2) of this section until the      3,046        

registrar receives a notice under division (B)(3) of this          3,047        

section.                                                           3,048        

      (3)(a)  An agency that sent a notice under division          3,051        

(B)(1)(a) of this section shall send to the registrar a notice     3,053        

that the individual is not in default under a child support order  3,054        

if it determines that the individual is not in default or any of   3,055        

the following occurs:                                                           

      (a)(i)  The individual makes full payment to the agency      3,057        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR,  3,059        

PURSUANT TO DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED      3,060        

CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY of the arrearage that   3,062        

                                                          73     

                                                                 
was the basis for the court or agency determination that the                    

individual was in default;                                         3,063        

      (b)(ii)  An appropriate withholding or deduction notice or   3,065        

other appropriate order has been issued pursuant to section        3,068        

3113.21 of the Revised Code to collect current support and any     3,069        

arrearage due under the child support order that was in default    3,070        

and the individual is complying with the notice or order;          3,071        

      (c)(iii)  A new child support order has been issued or the   3,073        

child support order that was in default has been modified as       3,075        

provided under sections 3113.21 to 3113.219 of the Revised Code    3,076        

to collect current support and any arrearage due under the child   3,077        

support order that was in default and the individual is complying  3,078        

with the new or modified child support order.                      3,079        

      The agency shall send the notice under this division not     3,081        

later than seven days after it determines the individual is not    3,083        

in default or that any of the circumstances specified in division  3,084        

(B)(3)(a) of this section has occurred.                            3,087        

      (b)  AN AGENCY THAT SENT A NOTICE UNDER DIVISION (B)(1)(b)   3,090        

OF THIS SECTION SHALL SEND TO THE REGISTRAR A NOTICE THAT THE      3,092        

INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY   3,093        

THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR         3,094        

DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA.     3,095        

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT     3,097        

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   3,099        

THE CIRCUMSTANCES SPECIFIED IN DIVISION (B)(3)(b) HAS OCCURRED.    3,101        

      (4)(a)  On receipt of a notice pursuant to division (B)(1)   3,104        

of this section, the registrar shall determine whether the         3,105        

individual named in the notice holds or has applied for a          3,106        

commercial driver's license or commercial driver's temporary       3,107        

instruction permit.  If the registrar determines that the          3,108        

individual holds or has applied for a license or permit and the    3,109        

individual is the individual named in the notice and does not      3,110        

receive a notice pursuant to division (B)(3) of this section, the  3,111        

registrar immediately shall provide notice of the determination    3,113        

                                                          74     

                                                                 
to each deputy registrar.  The registrar or a deputy registrar     3,114        

may not issue to the individual and may not renew for the                       

individual a commercial driver's license or commercial driver's    3,115        

temporary instruction permit and the registrar shall impose a      3,116        

disqualification on the individual with respect to the license or  3,118        

permit held by the individual.                                                  

      (b)  The registrar shall maintain a list of names of         3,120        

individuals identified in notices sent to the registrar pursuant   3,122        

to division (B)(1) of this section that do not hold a commercial   3,123        

driver's license or commercial driver's temporary instruction      3,124        

permit.  The registrar shall update the list quarterly and         3,125        

provide each deputy registrar with a copy.  On receipt of an                    

application for such a license or permit from an individual who    3,126        

appears on the list, a deputy registrar shall notify the           3,127        

registrar.  On receipt of an application for such a license or     3,128        

permit from such an individual or on receipt of a notice from a    3,129        

deputy registrar pursuant to division (B)(4)(b) of this section,   3,130        

the registrar shall proceed in accordance with division (B)(4)(a)  3,132        

of this section.                                                   3,133        

      (c)  Not later than seven days after receipt of a notice     3,135        

pursuant to division (B)(3) of this section, the registrar shall   3,138        

notify each deputy registrar of the notice.  The registrar and     3,140        

each deputy registrar shall then, if the individual otherwise is                

eligible for the license or permit and wants the license or        3,141        

permit, issue a license or permit to, or renew a license or        3,143        

permit of, the individual, or, if a disqualification was imposed   3,144        

on the individual with respect to the individual's license or      3,145        

permit pursuant to division (B)(4)(a) of this section, remove the  3,147        

disqualification.  The registrar or a deputy registrar may charge  3,148        

a fee of not more than twenty-five dollars for issuing or          3,149        

renewing a license or permit for an individual or removing the     3,150        

disqualification imposed on the individual's license or permit     3,151        

pursuant to this division.                                                      

      (d)  Notwithstanding section 119.06 of the Revised Code,     3,154        

                                                          75     

                                                                 
the registrar shall not hold any hearing in connection with an     3,155        

order refusing to issue or renew a license or permit for, or       3,156        

imposing a disqualification with respect to a license or permit    3,157        

of, an individual pursuant to this section.                                     

      (C)(1)(a)  If a court or child support enforcement agency    3,160        

makes a final and enforceable determination pursuant to division                

(B) of section 3113.21 of the Revised Code on or after the date    3,161        

specified under division (A) of this section that an individual    3,163        

is in default under a child support order, the agency              3,164        

administering or handling the child support order may determine    3,166        

whether the individual holds a driver's or commercial driver's     3,167        

license, motorcycle operator's license or endorsement, temporary   3,168        

instruction permit, or commercial driver's temporary instruction   3,169        

permit issued by the registrar of motor vehicles or a deputy       3,170        

registrar or, if possible, whether the individual has applied, or  3,171        

is likely to apply, for such a license, endorsement, or permit.    3,172        

If the agency determines that the individual holds, has applied    3,173        

for, or is likely to apply for, such a license, endorsement, or    3,174        

permit, it shall send to the individual the notice specified in    3,175        

division (C)(2) of this section.  The agency also may send a       3,176        

notice to the registrar of motor vehicles that gives the name and  3,177        

social security number or other identifying number of the                       

individual and states that a court or agency has determined the    3,178        

individual to be in default under a child support order.           3,180        

      (b)  IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD  3,183        

SUPPORT ORDER ON OR AFTER THE DATE SPECIFIED IN DIVISION (A) OF    3,184        

THIS SECTION FAILS, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY  3,185        

WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT OR A CHILD SUPPORT  3,186        

ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A       3,187        

CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE CHILD SUPPORT                 

ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A DRIVER'S OR     3,189        

COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR      3,190        

ENDORSEMENT, TEMPORARY INSTRUCTION PERMIT, OR COMMERCIAL DRIVER'S  3,191        

TEMPORARY INSTRUCTION PERMIT ISSUED BY THE REGISTRAR OF MOTOR      3,192        

                                                          76     

                                                                 
VEHICLES OR A DEPUTY REGISTRAR OR, IF POSSIBLE, WHETHER THE        3,193        

INDIVIDUAL HAS APPLIED, OR IS LIKELY TO APPLY, FOR SUCH A          3,194        

LICENSE, ENDORSEMENT, OR PERMIT.  IF THE AGENCY DETERMINES THAT    3,195        

THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR,  3,196        

SUCH A LICENSE, ENDORSEMENT, OR PERMIT, IT SHALL SEND THE          3,197        

INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (C)(2) OF THIS         3,199        

SECTION.  THE AGENCY MAY ALSO SEND A NOTICE TO THE REGISTRAR OF    3,200        

MOTOR VEHICLES THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR   3,201        

OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE     3,202        

INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED  3,203        

BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A   3,204        

PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER.                       3,205        

      (2)  Notice shall be sent to the individual described in     3,208        

division (C)(1) of this section by first class mail IN COMPLIANCE  3,209        

WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE.  The  3,210        

notice shall specify that a court or agency has determined the     3,211        

individual to be in default under a child support order OR THAT    3,212        

THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS   3,214        

FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR   3,215        

AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT     3,216        

ORDER, that a notice containing the individual's name and social   3,217        

security number or other identification number may be sent under   3,218        

division (C)(1) of this section to the registrar, and that, if     3,220        

the registrar receives that notice and determines that the                      

individual is the individual named in that notice and the          3,221        

registrar has not received notice under division (C)(3) of this    3,223        

section, all of the following will occur:                          3,224        

      (a)  The registrar and all deputy registrars will be         3,226        

prohibited from issuing to the individual a driver's or            3,228        

commercial driver's license, motorcycle operator's license or      3,230        

endorsement, or temporary instruction permit or commercial         3,231        

driver's temporary instruction permit;                                          

      (b)  The registrar and all deputy registrars will be         3,233        

prohibited from renewing for the individual a driver's or          3,235        

                                                          77     

                                                                 
commercial driver's license, motorcycle operator's license or      3,236        

endorsement, or commercial driver's temporary instruction permit;  3,237        

      (c)  If the individual holds a driver's or commercial        3,239        

driver's license, motorcycle operator's license or endorsement,    3,240        

or temporary instruction permit or commercial driver's temporary   3,241        

instruction permit, it will be suspended if the registrar          3,242        

determines that the individual is the individual named in the      3,243        

notice sent pursuant to division (C)(1) of this section;           3,244        

      (d)  If the individual is the individual named in the        3,246        

notice the individual will not be issued or have renewed any       3,247        

license, endorsement, or permit, and no suspension will be lifted  3,248        

with respect to any license, endorsement, or permit listed in      3,249        

division (C)(2) of this section until the registrar receives a     3,251        

notice under division (C)(3) of this section.                                   

      (3)(a)  An agency that sent a notice under division          3,254        

(C)(1)(a) of this section shall send to the registrar a notice     3,256        

that the individual is not in default under a child support order  3,257        

if it determines that the individual is not in default or any of   3,258        

the following occurs:                                                           

      (a)(i)  The individual makes full payment to the agency      3,260        

DIVISION OF CHILD SUPPORT OR, PURSUANT TO DIVISION (I)(4) OF       3,261        

SECTION 2301.35 OF THE REVISED CODE, THE CHILD SUPPORT             3,262        

ENFORCEMENT AGENCY of the arrearage that was the basis for the     3,263        

court or agency determination that the individual was in default;  3,265        

      (b)(ii)  An appropriate withholding or deduction notice or   3,267        

other appropriate order has been issued pursuant to section        3,270        

3113.21 of the revised code to collect current support and any     3,271        

arrearage due under the child support order that was in default    3,272        

and the individual is complying with the notice or order;          3,273        

      (c)(iii)  A new child support order has been issued or the   3,275        

child support order that was in default has been modified as       3,278        

provided under sections 3113.21 to 3113.219 of the Revised Code    3,279        

to collect current support and any arrearage due under the child   3,280        

support order that was in default and the individual is complying  3,281        

                                                          78     

                                                                 
with the new or modified child support order.                      3,282        

      The agency shall send the notice under this division not     3,284        

later than seven days after it determines the individual is not    3,286        

in default or that any of the circumstances specified in division  3,287        

(C)(3)(a) of this section has occurred.                                         

      (b)  AN AGENCY THAT SENT A NOTICE UNDER DIVISION (C)(1)(b)   3,290        

OF THIS SECTION SHALL SEND TO THE REGISTRAR A NOTICE THAT THE      3,292        

INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY   3,293        

THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR         3,294        

DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA.     3,295        

      THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT     3,297        

LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF   3,299        

THE CIRCUMSTANCES SPECIFIED IN DIVISION (C)(3)(b) HAS OCCURRED.    3,301        

      (4)(a)  On receipt of a notice pursuant to division (C)(1)   3,304        

of this section, the registrar shall determine whether the         3,305        

individual named in the notice holds or has applied for a          3,306        

driver's license or commercial driver's license, motorcycle        3,307        

operator's license or endorsement, or temporary instruction        3,308        

permit or commercial driver's temporary instruction permit.  If    3,309        

the registrar determines that the individual holds or has applied               

for a license, permit, or endorsement and the individual is the    3,311        

individual named in the notice and does not receive a notice       3,312        

pursuant to division (C)(3) of this section, the registrar         3,313        

immediately shall provide notice of the determination to each      3,315        

deputy registrar.  The registrar or a deputy registrar may not     3,316        

issue to the individual a driver's or commercial driver's                       

license, motorcycle operator's license or endorsement, or          3,317        

temporary instruction permit or commercial driver's temporary      3,318        

instruction permit and may not renew for the individual a          3,320        

driver's or commercial driver's license, motorcycle operator's                  

license or endorsement, or commercial driver's temporary           3,321        

instruction permit.  The registrar or a deputy registrar also      3,322        

shall suspend a license, permit, or endorsement held by the        3,323        

individual.                                                                     

                                                          79     

                                                                 
      (b)  The registrar shall maintain a list of names of         3,325        

individuals identified in notices sent to the registrar pursuant   3,327        

to division (C)(1) of this section that do not hold a driver's or  3,328        

commercial driver's license, motorcycle operator's license or      3,329        

endorsement, or temporary instruction permit or commercial         3,330        

driver's temporary instruction permit.  The registrar shall        3,331        

update the list quarterly and provide each deputy registrar with   3,332        

a copy.  On receipt of an application for such a license, permit,  3,333        

or endorsement from an individual who appears on the list, a       3,334        

deputy registrar shall notify the registrar.  On receipt of an     3,335        

application for such a license, permit, or endorsement from such   3,336        

an individual or on receipt of a notice from a deputy registrar    3,338        

pursuant to division (C)(4)(b) of this section, the registrar      3,340        

shall proceed in accordance with division (C)(4)(a) of this        3,342        

section.                                                                        

      (c)  Not later than seven days after receipt of a notice     3,344        

pursuant to division (C)(3) of this section, the registrar shall   3,347        

notify each deputy registrar of the notice.  The registrar and     3,348        

each deputy registrar shall then, if the individual otherwise is                

eligible for the license, permit, or endorsement and wants the     3,349        

license, permit, or endorsement, issue a license, permit, or       3,350        

endorsement to, or renew a license, permit, or endorsement of,     3,352        

the individual, or, if the individual's license, permit, or        3,354        

endorsement was suspended pursuant to division (C)(4)(a) of this   3,355        

section, remove the suspension.  The registrar or a deputy         3,357        

registrar may charge a fee of not more than twenty-five dollars    3,358        

for issuing or renewing or removing the suspension of a license    3,359        

pursuant to this division.                                                      

      (d)  Notwithstanding section 119.06 of the Revised Code,     3,361        

the registrar shall not hold any hearing in connection with an     3,363        

order refusing to issue or renew a license, permit, or             3,364        

endorsement for, or suspending a license, permit, or endorsement   3,365        

of, an individual pursuant to this section.                                     

      (D)  The department of human services may adopt rules in     3,368        

                                                          80     

                                                                 
accordance with Chapter 119. of the Revised Code to implement      3,369        

this section.                                                                   

      Sec. 2301.375.  (A)  AS USED IN THIS SECTION, "RECREATIONAL  3,372        

LICENSE" MEANS ANY LICENSE, PERMIT, OR STAMP ISSUED PURSUANT TO                 

SECTION 1533.10, 1533.11, 1533.111, 1533.112, OR 1533.32 OF THE    3,374        

REVISED CODE.                                                                   

      (B)  IF A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAKES A  3,377        

FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO DIVISION (B) OF    3,379        

SECTION 3113.21 OF THE REVISED CODE THAT AN INDIVIDUAL IS IN       3,382        

DEFAULT UNDER A CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE  3,383        

CHILD SUPPORT ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A   3,385        

RECREATIONAL LICENSE OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS   3,386        

APPLIED FOR, OR IS LIKELY TO APPLY FOR, SUCH A LICENSE.  IF THE    3,387        

AGENCY DETERMINES THAT THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR   3,388        

IS LIKELY TO APPLY FOR, SUCH A LICENSE, IT SHALL FOLLOW            3,389        

PROCEDURES THAT ARE SUBSTANTIVELY THE SAME AS THOSE SET FORTH IN   3,390        

DIVISIONS (B) TO (D) OF SECTION 2301.373 OF THE REVISED CODE AND   3,392        

THE DIVISION OF WILDLIFE SHALL FOLLOW PROCEDURES THAT ARE          3,393        

SUBSTANTIVELY THE SAME AS THOSE SET FORTH IN DIVISION (E) OF       3,394        

SECTION 2301.373 OF THE REVISED CODE WITH RESPECT TO THE LICENSE   3,396        

IF BOTH OF THE FOLLOWING APPLY:                                                 

      (1)  THE DIVISION OF WILDLIFE HAS IMPLEMENTED A COMPUTER     3,398        

SYSTEM THAT MAINTAINS LICENSE NUMBERS FOR LICENSES ISSUED BY THE   3,400        

DIVISION, THE NAMES OF PERSONS TO WHOM LICENSES ARE ISSUED, AND    3,401        

THE SOCIAL SECURITY NUMBERS OF PERSONS TO WHOM LICENSES ARE        3,402        

ISSUED;                                                                         

      (2)  THE DIVISION HAS ESTABLISHED SAFEGUARDS THAT ELIMINATE  3,405        

THE RISK THAT SOCIAL SECURITY NUMBERS PROVIDED TO THE DIVISION     3,406        

FOR THE PURPOSE OF CHILD SUPPORT ENFORCEMENT MAY BE USED FOR       3,407        

PURPOSES OTHER THAN THOSE PERMITTED BY FEDERAL LAW.                3,408        

      (C)  THE DEPARTMENT OF HUMAN SERVICES MAY ADOPT RULES IN     3,411        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT      3,414        

THIS SECTION.                                                      3,415        

      Sec. 2301.43.  (A)  IF A COURT OR A CHILD SUPPORT            3,418        

                                                          81     

                                                                 
ENFORCEMENT AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION     3,419        

PURSUANT TO DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE    3,422        

THAT AN OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE AGENCY    3,423        

ADMINISTERING THE SUPPORT ORDER MAY ASSERT A LIEN ON REAL AND      3,425        

PERSONAL PROPERTY OF THE OBLIGOR LOCATED IN THE STATE.             3,426        

      (B)(1)  THE AMOUNT OF THE ARREARAGE DUE UNDER THE SUPPORT    3,429        

ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO DIVISION (B) OF      3,431        

SECTION 3113.21 OF THE REVISED CODE AND ANY AMOUNTS DUE FOR        3,433        

CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER THE DATE THE        3,434        

DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN AGAINST ALL        3,435        

PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE       3,436        

OBLIGOR THAT IS SITUATED IN THIS STATE.  THE LIEN MAY BE FILED     3,437        

WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH THE  3,439        

PERSONAL PROPERTY IS LOCATED.  THE AMOUNT OF THE ARREARAGE DUE                  

UNDER THE SUPPORT ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO    3,441        

DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE AND ANY        3,442        

AMOUNTS DUE FOR CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER     3,443        

THE DATE THE DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN       3,444        

AGAINST REAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE   3,445        

OBLIGOR AFTER THE LIEN IS FILED WITH A COUNTY RECORDER OF THIS     3,446        

STATE IN WHICH THE REAL PROPERTY IS LOCATED.  A LIEN MAY BE FILED  3,447        

WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH      3,448        

REAL PROPERTY OF THE OBLIGOR IS LOCATED.  IN RECORDING THE LIEN,   3,450        

IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL TAKE     3,451        

ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE REVISED      3,452        

CODE.  THE COUNTY RECORDER MAY BE COMPENSATED FOR LIENS FILED      3,453        

UNDER THIS SECTION PURSUANT TO THE DEVELOPMENT OF UNIT COSTS THAT  3,454        

ARE REIMBURSED UNDER THE PROVIDER CONTRACT ENTERED INTO PURSUANT   3,455        

TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975),  3,457        

42 U.S.C. 651, AS AMENDED.                                                      

      (2)  ON RECEIVING A COPY OF A LIEN FILED IN ANOTHER STATE    3,459        

THAT IS SIMILAR TO A LIEN DESCRIBED IN DIVISION (B)(1) OF THIS     3,461        

SECTION, A COPY OF THE ORDER FOR CHILD SUPPORT THAT IS THE BASIS   3,462        

OF THE LIEN, AND A COPY OF THE COURT OR ADMINISTRATIVE             3,463        

                                                          82     

                                                                 
DETERMINATION FINDING THE OBLIGOR TO BE IN DEFAULT UNDER THE       3,464        

CHILD SUPPORT ORDER, THE DIVISION OF CHILD SUPPORT IN THE          3,465        

DEPARTMENT OF HUMAN SERVICES SHALL EXAMINE THE LIEN AND THE OTHER  3,466        

DOCUMENTS AND DETERMINE WHETHER THE LIEN IS IN COMPLIANCE WITH     3,467        

FEDERAL CHILD SUPPORT LAW AND REGULATIONS.  IF THE DIVISION        3,468        

DETERMINES THAT THE LIEN IS IN COMPLIANCE, THE DIVISION SHALL      3,469        

DETERMINE THE COUNTIES OF THIS STATE IN WHICH IS LOCATED REAL OR   3,470        

PERSONAL PROPERTY OF THE OBLIGOR THAT MAY BE SUBJECTED TO THE      3,471        

LIEN.  ON MAKING THE DETERMINATION, THE DIVISION SHALL SEND A      3,472        

COPY OF THE LIEN TO THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE    3,473        

COUNTY IN WHICH THE OBLIGOR'S REAL OR PERSONAL PROPERTY IS         3,474        

LOCATED.  THE AGENCY SHALL FILE THE LIEN WITH THE COUNTY RECORDER  3,475        

OF THE COUNTY IN WHICH THE AGENCY IS LOCATED.  IN RECORDING THE    3,476        

LIEN, IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL    3,477        

TAKE ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE         3,480        

REVISED CODE.  ONCE FILED, THE LIEN SHALL BE AGAINST ALL REAL AND  3,482        

PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE       3,483        

OBLIGOR THAT IS SITUATED IN THAT COUNTY.  EVERY COURT, THE         3,484        

DIVISION, AND EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL GIVE     3,485        

FULL FAITH AND CREDIT TO A LIEN ESTABLISHED BY AN AUTHORIZED       3,486        

AGENCY OF ANOTHER STATE THAT IS OF THE TYPE DESCRIBED IN DIVISION  3,487        

(B)(1) OF THIS SECTION.                                            3,488        

      (C)  THE LIEN FILED WITH THE COUNTY RECORDER SHALL BE        3,491        

EFFECTIVE UNTIL THE COUNTY RECORDER DISCHARGES THE LIEN.  THE      3,492        

COUNTY RECORDER SHALL DISCHARGE THE LIEN WITHIN FIVE DAYS AFTER    3,493        

THE AGENCY FILES A NOTICE PURSUANT TO DIVISION (D) OF THIS         3,494        

SECTION REQUESTING THAT THE LIEN BE DISCHARGED.                    3,495        

      (D)  THE AGENCY SHALL FILE A NOTICE REQUESTING THAT THE      3,498        

COUNTY RECORDER DISCHARGE THE LIEN IF ONE OF THE FOLLOWING         3,499        

APPLIES:                                                                        

      (1)  THE LIEN IS SATISFIED THROUGH AN ACTION PURSUANT TO     3,502        

SECTION 2301.45 OF THE REVISED CODE;                                            

      (2)  THE OBLIGOR MAKES FULL PAYMENT OF THE ARREARAGE TO THE  3,504        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR,  3,506        

                                                          83     

                                                                 
PURSUANT TO DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED      3,507        

CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS THE BASIS OF    3,509        

THE LIEN;                                                                       

      (3)  AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR       3,511        

OTHER APPROPRIATE ORDER HAS BEEN ISSUED PURSUANT TO SECTION        3,512        

3113.21 OF THE REVISED CODE TO COLLECT CURRENT SUPPORT AND ANY     3,515        

ARREARAGE DUE UNDER THE SUPPORT ORDER THAT WAS IN DEFAULT AND THE  3,516        

OBLIGOR IS COMPLYING WITH THE NOTICE OR ORDER;                     3,517        

      (4)  A NEW SUPPORT ORDER HAS BEEN ISSUED OR THE SUPPORT      3,520        

ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED AS PROVIDED UNDER      3,521        

SECTIONS 3113.21 TO 3113.219 OF THE REVISED CODE TO COLLECT        3,522        

CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE SUPPORT ORDER      3,523        

THAT WAS IN DEFAULT AND THE OBLIGOR IS COMPLYING WITH THE NEW OR   3,524        

MODIFIED SUPPORT ORDER;                                            3,525        

      (5)  THE AGENCY RELEASES THE LIEN PURSUANT TO SECTION        3,527        

2301.46 OF THE REVISED CODE.                                       3,528        

      (E)  A LIEN IMPOSED PURSUANT TO THIS SECTION SHALL HAVE      3,531        

PRIORITY OVER LIENS, MORTGAGES, SECURITY INTERESTS, OR OTHER       3,532        

TYPES OF ENCUMBRANCES THAT ARE ASSOCIATED WITH THE REAL AND        3,533        

PERSONAL PROPERTY SUBJECT TO THE LIEN IMPOSED BY THIS SECTION AND  3,534        

THAT ARISE AFTER THE DATE THE LIEN IS FILED PURSUANT TO THIS       3,535        

SECTION.  A LIEN IMPOSED PURSUANT TO THIS SECTION SHALL NOT HAVE   3,536        

PRIORITY OVER LIENS, MORTGAGES, SECURITY INTERESTS, OR OTHER       3,537        

TYPES OF ENCUMBRANCES ASSOCIATED WITH THE REAL AND PERSONAL        3,538        

PROPERTY SUBJECT TO THE LIEN IMPOSED BY THIS SECTION THAT AROSE                 

ON OR BEFORE THE DATE THE LIEN WAS FILED PURSUANT TO THIS          3,539        

SECTION.                                                                        

      Sec. 2301.44.  (A)  A CHILD SUPPORT ENFORCEMENT AGENCY       3,542        

SHALL, NO LATER THAN TEN DAYS AFTER FILING A LIEN PURSUANT TO      3,543        

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     3,544        

SUBJECT TO THE LIEN AND THE PERSON OR STATE AGENCY IN POSSESSION   3,545        

OR CONTROL OF ANY REAL OR PERSONAL PROPERTY OF THE OBLIGOR.        3,546        

      (B)  ANY PERSON OR STATE AGENCY, AFTER SERVICE DESCRIBED IN  3,549        

                                                          84     

                                                                 
DIVISION (A) OF THIS SECTION, THAT RELEASES, SELLS, TRANSFERS, OR  3,551        

CONVEYS REAL OR PERSONAL PROPERTY SUBJECT TO THE LIEN TO OR FOR    3,552        

THE BENEFIT OF THE OBLIGOR OR ANY OTHER PERSON OR FAILS OR         3,553        

REFUSES TO SURRENDER PROPERTY FOR THE EXECUTION SALE PURSUANT TO   3,554        

SECTION 2301.45 OF THE REVISED CODE SHALL BE LIABLE FOR THE                     

SUPPORT ARREARAGES THAT ARE THE BASIS OF THE LIEN PLUS COSTS,      3,556        

INTEREST, AND REASONABLE ATTORNEY'S FEES OF THE OPPOSING PARTY.                 

      Sec. 2301.45.  (A)  A CHILD SUPPORT ENFORCEMENT AGENCY IS    3,559        

ENTITLED TO HAVE, AND MAY CAUSE, REAL AND PERSONAL PROPERTY        3,560        

SUBJECT TO A LIEN ESTABLISHED PURSUANT TO SECTION 2301.43 OF THE   3,561        

REVISED CODE TO BE SOLD PURSUANT TO THIS SECTION.                  3,562        

      (B)(1)(a)  TO OBTAIN A SALE OF PROPERTY SUBJECT TO THE       3,565        

LIEN, THE AGENCY SHALL FILE, WITH THE APPROPRIATE COURT OF THE     3,566        

COUNTY IN WHICH THE PROPERTY IS LOCATED, AS DESCRIBED IN DIVISION  3,567        

(B)(2) OF THIS SECTION, A COMPLAINT STATING THAT THE AGENCY HAS    3,568        

OBTAINED A LIEN ON REAL AND PERSONAL PROPERTY OF THE OBLIGOR THAT  3,569        

IS LOCATED IN THE COUNTY AND THAT, PURSUANT TO DIVISION (A) OF     3,571        

THIS SECTION, THE AGENCY IS ENTITLED TO HAVE THE PROPERTY SOLD TO  3,572        

OBTAIN CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY OVERDUE   3,573        

AND ASKS THE COURT TO ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY  3,574        

AN EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED  3,576        

CODE.  THE AGENCY SHALL ESTABLISH, TO THE SATISFACTION OF THE      3,578        

COURT, AT A HEARING DESCRIBED IN DIVISION (B)(1)(b) OF THIS        3,580        

SECTION THAT THE AGENCY HAS OBTAINED THE LIEN AND IS ENTITLED TO   3,581        

THE REQUESTED ORDER.                                                            

      (b)  ON RECEIPT OF A COMPLAINT DESCRIBED IN DIVISION         3,584        

(B)(1)(a) OF THIS SECTION, THE COURT SHALL CONDUCT A HEARING       3,585        

EXPEDITIOUSLY.  IF, AT THE HEARING, THE COURT DETERMINES THAT IT   3,586        

HAS JURISDICTION IN THE MATTER IN ACCORDANCE WITH DIVISION (B)(2)  3,588        

OF THIS SECTION AND THAT THE AGENCY HAS OBTAINED A LIEN PURSUANT   3,589        

TO SECTION 2301.43 OF THE REVISED CODE AND IS ENTITLED, PURSUANT   3,591        

TO DIVISION (A) OF THIS SECTION, TO HAVE THE REAL AND PERSONAL     3,592        

PROPERTY OF THE OBLIGOR IN THE COUNTY SOLD BY EXECUTION SALE TO    3,593        

OBTAIN THE CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY       3,594        

                                                          85     

                                                                 
OVERDUE, THE COURT SHALL ISSUE AN ORDER THAT THE PROPERTY BE SOLD  3,596        

BY EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED  3,597        

CODE.                                                                           

      (2)  THE COMPLAINT DESCRIBED IN DIVISION (B)(1)(a) OF THIS   3,600        

SECTION SHALL BE FILED IN THE COURT AS FOLLOWS:                    3,601        

      (a)  IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT  3,604        

IN THE COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, IN     3,605        

THAT COURT;                                                                     

      (b)  IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT  3,608        

OF ANOTHER STATE OR BY A COURT LOCATED IN A COUNTY OTHER THAN THE  3,609        

COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, THE COURT OF  3,610        

COMMON PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED.       3,611        

      (C)  A SALE OF REAL OR PERSONAL PROPERTY PURSUANT TO THIS    3,614        

SECTION EXTINGUISHES THE LIEN ASSOCIATED WITH THE PROPERTY.        3,615        

      Sec. 2301.46.  (A)  A CHILD SUPPORT ENFORCEMENT AGENCY MAY   3,617        

AT ANY TIME RELEASE A LIEN IMPOSED PURSUANT TO SECTION 2301.43 OF  3,618        

THE REVISED CODE, ON ALL OR PART OF THE PROPERTY OF THE OBLIGOR,   3,620        

OR RETURN SEIZED PROPERTY WITHOUT LIABILITY, IF ASSURANCE OF       3,621        

PAYMENT IS DEEMED ADEQUATE BY THE AGENCY, OR THE RELEASE WILL      3,622        

FACILITATE THE COLLECTION OF THE ARREARAGE FOR WHICH THE LIEN WAS  3,623        

IMPOSED.  THE RELEASE OR RETURN SHALL NOT OPERATE TO PREVENT       3,624        

FUTURE ACTION TO COLLECT THE ARREARAGE.                            3,625        

      (B)  OBTAINING A LIEN UNDER SECTION 2301.43 OF THE REVISED   3,628        

CODE DOES NOT AFFECT ANY OTHER LEGAL REMEDIES AVAILABLE AGAINST    3,629        

OBLIGORS OR THEIR PROPERTY BY PERSONS ENTITLED TO RECEIVE CHILD    3,630        

SUPPORT THAT IS IN ARREARS OR OTHERWISE DUE, INCLUDING THE USE OF  3,631        

A JUDGMENT LIEN UNDER CHAPTER 2329. OF THE REVISED CODE.           3,632        

      Sec. 2705.02.  A person guilty of any of the following acts  3,641        

may be punished as for a contempt:                                 3,642        

      (A)  Disobedience of, or resistance to, a lawful writ,       3,644        

process, order, rule, judgment, or command of a court or officer;  3,645        

      (B)  Misbehavior of an officer of the court in the           3,647        

performance of official duties, or in official transactions;       3,649        

      (C)  A failure to obey a subpoena duly served, or a refusal  3,651        

                                                          86     

                                                                 
to be sworn or to answer as a witness, when lawfully required;     3,652        

      (D)  The rescue, or attempted rescue, of a person or of      3,654        

property in the custody of an officer by virtue of an order or     3,655        

process of court held by the officer;                              3,656        

      (E)  A failure upon the part of a person recognized to       3,658        

appear as a witness in a court to appear in compliance with the    3,659        

terms of the person's recognizance;                                3,660        

      (F)  A failure to comply with an order issued pursuant to    3,662        

section 3111.20, 3111.21 3111.211, OR 3111.22, or 3111.241 of the  3,664        

Revised Code or a withholding or deduction notice issued under     3,665        

section 3111.23 of the Revised Code.;                                           

      (G)  A FAILURE TO OBEY A SUBPOENA ISSUED BY THE DEPARTMENT   3,667        

OF HUMAN SERVICES OR A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT   3,668        

TO SECTION 5101.37 OF THE REVISED CODE;                            3,669        

      (H)  A WILLFUL FAILURE TO SUBMIT TO GENETIC TESTING, OR A    3,672        

WILLFUL FAILURE TO SUBMIT A CHILD TO GENETIC TESTING, AS REQUIRED  3,673        

BY AN ORDER FOR GENETIC TESTING ISSUED UNDER SECTION 3111.22 OF    3,674        

THE REVISED CODE.                                                  3,675        

      Sec. 2919.21.  (A)  No person shall abandon, or fail to      3,684        

provide adequate support to:                                       3,685        

      (1)  The person's spouse, as required by law;                3,687        

      (2)  The person's child who is under age eighteen, or        3,690        

mentally or physically handicapped child who is under age          3,691        

twenty-one;                                                                     

      (3)  The person's aged or infirm parent or adoptive parent,  3,693        

who from lack of ability and means is unable to provide            3,694        

adequately for the parent's own support;.                          3,695        

      (B)  No person shall abandon, or fail to provide support as  3,697        

established by a court order to, another person whom, by court     3,698        

order or decree, the person is legally obligated to support.       3,699        

      (C)  No person shall aid, abet, induce, cause, encourage,    3,701        

or contribute to a child or a ward of the juvenile court becoming  3,702        

a dependent child, as defined in section 2151.04 of the Revised    3,703        

Code, or a neglected child, as defined in section 2151.03 of the   3,704        

                                                          87     

                                                                 
Revised Code.                                                      3,705        

      (D)  It is an affirmative defense to a charge of failure to  3,707        

provide adequate support under division (A) of this section or a   3,708        

charge of failure to provide support established by a court order  3,709        

under division (B) of this section that the accused was unable to  3,710        

provide adequate support or the established support but did        3,711        

provide the support that was within the accused's ability and                   

means.                                                                          

      (E)  It is an affirmative defense to a charge under          3,713        

division (A)(3) of this section that the parent abandoned the      3,714        

accused or failed to support the accused as required by law,       3,715        

while the accused was under age eighteen, or was mentally or       3,716        

physically handicapped and under age twenty-one.                   3,717        

      (F)  It is not a defense to a charge under division (B) of   3,719        

this section that the person whom a court has ordered the accused  3,720        

to support is being adequately supported by someone other than     3,721        

the accused.                                                                    

      (G)(1) Except as otherwise provided in this division,        3,723        

whoever violates division (A) or (B) of this section is guilty of  3,724        

nonsupport of dependents, a misdemeanor of the first degree.  If   3,725        

the offender previously has been convicted of or pleaded guilty    3,727        

to a violation of division (A)(2) or (B) of this section or if     3,728        

the offender has failed to provide support under division (A)(2)   3,729        

or (B) of this section for a total accumulated period of           3,730        

twenty-six weeks out of one hundred four consecutive weeks,        3,731        

whether or not the twenty-six weeks were consecutive, then a       3,732        

violation of division (A)(2) or (B) of this section is a felony    3,733        

of the fifth degree.  If the offender previously has been                       

convicted of or pleaded guilty to a felony violation of this       3,734        

section, a violation of division (A)(2) or (B) of this section is  3,735        

a felony of the fourth degree.  If the offender is guilty of       3,736        

nonsupport of dependents by reason of failing to provide support   3,737        

to the offender's child as required by a child support order       3,738        

issued on or after April 15, 1985, pursuant to section 2151.23,                 

                                                          88     

                                                                 
2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04,   3,740        

3113.31, or 3115.22 3115.31 of the Revised Code, the court, in     3,742        

addition to any other sentence imposed, shall assess all court     3,743        

costs arising out of the charge against the person and require     3,744        

the person to pay any reasonable attorney's fees of any adverse    3,745        

party other than the state, as determined by the court, that       3,746        

arose in relation to the charge.                                                

      (2)  Whoever violates division (C) of this section is        3,748        

guilty of contributing to the nonsupport of dependents, a          3,749        

misdemeanor of the first degree.  Each day of violation of         3,750        

division (C) of this section is a separate offense.                3,751        

      Sec. 2919.231.  (A)  No person, by using physical            3,760        

harassment or threats of violence against another person, shall    3,761        

interfere with the other person's initiation or continuance of,    3,763        

or attempt to prevent the other person from initiating or                       

continuing, an action to issue or modify a support order under     3,764        

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        3,765        

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     3,767        

3111.13, 3113.04, 3113.07, or 3113.31 of the Revised Code.         3,768        

      (B)  Whoever violates this section is guilty of interfering  3,770        

with an action to issue or modify a support order, a misdemeanor   3,771        

of the first degree.  If the offender previously has been          3,772        

convicted of or pleaded guilty to a violation of this section or   3,773        

of section 3111.29 of the Revised Code, interfering with an        3,774        

action to issue or modify a support order is a felony of the       3,775        

fifth degree.                                                      3,776        

      Sec. 3103.03.  (A)  Each married person must support         3,785        

himself or herself THE PERSON'S SELF and his or her spouse out of  3,787        

his or her THE PERSON'S property or by his or her THE PERSON'S     3,788        

labor.  If a married person is unable to do so, the spouse of the  3,790        

married person must assist in the support so far as the spouse is  3,791        

able.  The biological or adoptive parent of a minor child must     3,792        

support his or her THE PARENT'S minor children out of his or her   3,794        

THE PARENT'S property or by his or her THE PARENT'S labor.         3,795        

                                                          89     

                                                                 
      (B)  Notwithstanding section 3109.01 of the Revised Code,    3,797        

the parental duty of support to children, including the duty of a  3,798        

parent to pay support pursuant to a child support order, shall     3,799        

continue beyond the age of majority as long as the child           3,800        

continuously attends on a full-time basis any recognized and       3,801        

accredited high school, THE CHILD HAS A DEVELOPMENTAL DISABILITY   3,803        

AS DEFINED IN SECTION 5123.01 OF THE REVISED CODE, OR A            3,805        

COURT-ISSUED CHILD SUPPORT ORDER PROVIDES THAT THE DUTY OF         3,806        

SUPPORT CONTINUES BEYOND THE AGE OF MAJORITY.  EXCEPT IN CASES IN  3,807        

WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY OR A CHILD SUPPORT  3,808        

ORDER REQUIRES THE DUTY OF SUPPORT TO CONTINUE FOR ANY PERIOD      3,809        

AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN   3,810        

IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  That duty of      3,811        

support shall continue during seasonal vacation periods.           3,812        

      (C)  If a married person neglects to support his or her THE  3,814        

PERSON'S spouse in accordance with this section, any other         3,816        

person, in good faith, may supply the spouse with necessaries for  3,817        

the support of the spouse and recover the reasonable value of the  3,818        

necessaries supplied from the married person who neglected to      3,819        

support the spouse unless the spouse abandons that person without  3,820        

cause.                                                                          

      (D)  If a parent neglects to support his or her THE          3,822        

PARENT'S minor child in accordance with this section and if the    3,824        

minor child in question is unemancipated, any other person, in     3,825        

good faith, may supply the minor child with necessaries for the    3,826        

support of the minor child and recover the reasonable value of     3,827        

the necessaries supplied from the parent who neglected to support  3,828        

the minor child.                                                   3,829        

      (E)  If a decedent during his THE DECEDENT'S lifetime has    3,831        

purchased an irrevocable preneed funeral contract pursuant to      3,834        

section 1109.75 of the Revised Code, then the duty of support      3,835        

owed to a spouse pursuant to this section does not include an      3,837        

obligation to pay for the funeral expenses of the deceased         3,838        

spouse.  This division does not preclude a surviving spouse from   3,839        

                                                          90     

                                                                 
assuming by contract the obligation to pay for the funeral         3,840        

expenses of the deceased spouse.                                   3,841        

      Sec. 3103.031.  A biological parent of a child, a man        3,850        

determined to be the natural father of a child under sections      3,851        

3111.01 to 3111.19 or 3111.20 to 3111.29 of the Revised Code, a    3,852        

parent who adopts a minor child pursuant to Chapter 3107. of the   3,853        

Revised Code, a parent who acknowledges parentage on the child's   3,854        

birth certificate as provided in section 3705.09 of the Revised    3,855        

Code, or a parent whose signed acknowledgment of paternity is      3,856        

entered upon the probate court's journal under HAS BECOME FINAL    3,857        

PURSUANT TO section 2105.18 2151.232, 3111.211, OR 5101.314 of     3,859        

the Revised Code assumes the parental duty of support for that     3,860        

child.  Notwithstanding section 3109.01 of the Revised Code, the                

parental duty of support to the child shall continue beyond the    3,861        

age of majority as long as the child continuously attends on a     3,862        

full-time basis any recognized and accredited high school, THE     3,864        

CHILD HAS A DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION         3,865        

5123.01 OF THE REVISED CODE, OR A COURT-ISSUED CHILD SUPPORT       3,867        

ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES BEYOND THE AGE   3,868        

OF MAJORITY.  EXCEPT IN CASES IN WHICH THE CHILD HAS A                          

DEVELOPMENTAL DISABILITY OR A CHILD SUPPORT ORDER REQUIRES THE     3,869        

DUTY OF SUPPORT TO CONTINUE FOR ANY PERIOD AFTER THE CHILD         3,870        

REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN IN EFFECT AFTER   3,871        

THE CHILD REACHES AGE NINETEEN.  That duty of support shall        3,873        

continue during seasonal vacation periods.                                      

      Sec. 3105.18.  (A)  As used in this section, "spousal        3,882        

support" means any payment or payments to be made to a spouse or   3,883        

former spouse, or to a third party for the benefit of a spouse or  3,884        

a former spouse, that is both for sustenance and for support of    3,885        

the spouse or former spouse.  "Spousal support" does not include   3,886        

any payment made to a spouse or former spouse, or to a third       3,887        

party for the benefit of a spouse or former spouse, that is made   3,888        

as part of a division or distribution of property or a             3,889        

distributive award under section 3105.171 of the Revised Code.     3,890        

                                                          91     

                                                                 
      (B)  In divorce and legal separation proceedings, upon the   3,892        

request of either party and after the court determines the         3,893        

division or disbursement of property under section 3105.171 of     3,894        

the Revised Code, the court of common pleas may award reasonable   3,895        

spousal support to either party.  During the pendency of any       3,896        

divorce, or legal separation proceeding, the court may award       3,897        

reasonable temporary spousal support to either party.              3,898        

      An award of spousal support may be allowed in real or        3,900        

personal property, or both, or by decreeing a sum of money,        3,901        

payable either in gross or by installments, from future income or  3,902        

otherwise, as the court considers equitable.                       3,903        

      Any award of spousal support made under this section shall   3,905        

terminate upon the death of either party, unless the order         3,906        

containing the award expressly provides otherwise.                 3,907        

      (C)(1)  In determining whether spousal support is            3,909        

appropriate and reasonable, and in determining the nature,         3,910        

amount, and terms of payment, and duration of spousal support,     3,911        

which is payable either in gross or in installments, the court     3,912        

shall consider all of the following factors:                       3,913        

      (a)  The income of the parties, from all sources,            3,915        

including, but not limited to, income derived from property        3,916        

divided, disbursed, or distributed under section 3105.171 of the   3,917        

Revised Code;                                                      3,918        

      (b)  The relative earning abilities of the parties;          3,920        

      (c)  The ages and the physical, mental, and emotional        3,922        

conditions of the parties;                                         3,923        

      (d)  The retirement benefits of the parties;                 3,925        

      (e)  The duration of the marriage;                           3,927        

      (f)  The extent to which it would be inappropriate for a     3,929        

party, because he THAT PARTY will be custodian of a minor child    3,930        

of the marriage, to seek employment outside the home;              3,932        

      (g)  The standard of living of the parties established       3,934        

during the marriage;                                               3,935        

      (h)  The relative extent of education of the parties;        3,937        

                                                          92     

                                                                 
      (i)  The relative assets and liabilities of the parties,     3,939        

including but not limited to any court-ordered payments by the     3,940        

parties;                                                           3,941        

      (j) The contribution of each party to the education,         3,943        

training, or earning ability of the other party, including, but    3,944        

not limited to, any party's contribution to the acquisition of a   3,945        

professional degree of the other party;                            3,946        

      (k)  The time and expense necessary for the spouse who is    3,948        

seeking spousal support to acquire education, training, or job     3,949        

experience so that the spouse will be qualified to obtain          3,950        

appropriate employment, provided the education, training, or job   3,951        

experience, and employment is, in fact, sought;                    3,952        

      (l)  The tax consequences, for each party, of an award of    3,954        

spousal support;                                                   3,955        

      (m)  The lost income production capacity of either party     3,957        

that resulted from that party's marital responsibilities;          3,958        

      (n)  Any other factor that the court expressly finds to be   3,960        

relevant and equitable.                                            3,961        

      (2)  In determining whether spousal support is reasonable    3,963        

and in determining the amount and terms of payment of spousal      3,964        

support, each party shall be considered to have contributed        3,965        

equally to the production of marital income.                       3,966        

      (D)  In an action brought solely for an order for legal      3,968        

separation under section 3105.17 of the Revised Code, any          3,969        

continuing order for periodic payments of money entered pursuant   3,970        

to this section is subject to further order of the court upon      3,971        

changed circumstances of either party.                             3,972        

      (E)  If a continuing order for periodic payments of money    3,974        

as alimony is entered in a divorce or dissolution of marriage      3,975        

action that is determined on or after May 2, 1986, and before      3,976        

January 1, 1991, or if a continuing order for periodic payments    3,977        

of money as spousal support is entered in a divorce or             3,978        

dissolution of marriage action that is determined on or after      3,979        

January 1, 1991, the court that enters the decree of divorce or    3,980        

                                                          93     

                                                                 
dissolution of marriage does not have jurisdiction to modify the   3,981        

amount or terms of the alimony or spousal support unless the       3,982        

court determines that the circumstances of either party have       3,983        

changed and unless one of the following applies:                   3,984        

      (1)  In the case of a divorce, the decree or a separation    3,986        

agreement of the parties to the divorce that is incorporated into  3,987        

the decree contains a provision specifically authorizing the       3,988        

court to modify the amount or terms of alimony or spousal          3,989        

support.                                                           3,990        

      (2)  In the case of a dissolution of marriage, the           3,992        

separation agreement that is approved by the court and             3,993        

incorporated into the decree contains a provision specifically     3,994        

authorizing the court to modify the amount or terms of alimony or  3,995        

spousal support.                                                   3,996        

      (F)  For purposes of divisions (D) and (E) of this section,  3,998        

a change in the circumstances of a party includes, but is not      3,999        

limited to, any increase or involuntary decrease in the party's    4,000        

wages, salary, bonuses, living expenses, or medical expenses.      4,001        

      (G)  Each order for alimony made or modified by a court on   4,003        

or after December 31, 1993, shall include as part of the order a   4,004        

general provision, as described in division (A)(1) of section      4,005        

3113.21 of the Revised Code, requiring the withholding or          4,006        

deduction of wages INCOME or assets of the obligor under the       4,007        

order as described in division (D) of section 3113.21 of the       4,009        

Revised Code or another type of appropriate requirement as         4,010        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         4,011        

section, to ensure that withholding or deduction from the wages    4,013        

INCOME or assets of the obligor is available from the              4,015        

commencement of the support order for collection of the support    4,016        

and of any arrearages that occur; a statement requiring all        4,017        

parties to the order to notify the child support enforcement       4,018        

agency in writing of their current mailing address, their current  4,019        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     4,020        

DRIVER'S LICENSE NUMBER, and of any changes in either address TO   4,022        

                                                          94     

                                                                 
THAT INFORMATION; and a notice that the requirement to notify the  4,023        

agency of all changes in either address TO THAT INFORMATION        4,024        

continues until further notice from the court.                     4,026        

      If any person required to pay alimony under an order made    4,028        

or modified by a court on or after December 1, 1986, and before    4,029        

January 1, 1991, or any person required to pay spousal support     4,030        

under an order made or modified by a court on or after January 1,  4,031        

1991, is found in contempt of court for failure to make alimony    4,032        

or spousal support payments under the order, the court that makes  4,033        

the finding, in addition to any other penalty or remedy imposed,   4,034        

shall assess all court costs arising out of the contempt           4,035        

proceeding against the person and shall require the person to pay  4,036        

any reasonable attorney's fees of any adverse party, as            4,037        

determined by the court, that arose in relation to the act of      4,038        

contempt.                                                          4,039        

      (H)  In divorce or legal separation proceedings, the court   4,041        

may award reasonable attorney's fees to either party at any stage  4,042        

of the proceedings, including, but not limited to, any appeal,     4,043        

any proceeding arising from a motion to modify a prior order or    4,044        

decree, and any proceeding to enforce a prior order or decree, if  4,045        

it determines that the other party has the ability to pay the      4,046        

attorney's fees that the court awards.  When the court determines  4,047        

whether to award reasonable attorney's fees to any party pursuant  4,048        

to this division, it shall determine whether either party will be  4,049        

prevented from fully litigating his THAT PARTY'S rights and        4,050        

adequately protecting his THAT PARTY'S interests if it does not    4,051        

award reasonable attorney's fees.                                  4,052        

      Sec. 3105.21.  (A)  Upon satisfactory proof of the causes    4,061        

in the complaint for divorce, annulment, or legal separation, the  4,062        

court of common pleas shall make an order for the disposition,     4,063        

care, and maintenance of the children of the marriage, as is in    4,064        

their best interests, and in accordance with section 3109.04 of    4,065        

the Revised Code.                                                  4,066        

      (B)  Upon the failure of proof of the causes in the          4,068        

                                                          95     

                                                                 
complaint, the court may make the order for the disposition,       4,069        

care, and maintenance of any dependent child of the marriage as    4,070        

is in the child's best interest, and in accordance with section    4,071        

3109.04 of the Revised Code.                                       4,072        

      (C)  Each order for child support made or modified under     4,074        

this section on or after December 31, 1993, shall include as part  4,075        

of the order a general provision, as described in division (A)(1)  4,076        

of section 3113.21 of the Revised Code, requiring the withholding  4,077        

or deduction of wages INCOME or assets of the obligor under the    4,078        

order as described in division (D) of section 3113.21 of the       4,080        

Revised Code, or another type of appropriate requirement as        4,081        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         4,082        

section, to ensure that withholding or deduction from the wages    4,084        

INCOME or assets of the obligor is available from the              4,086        

commencement of the support order for collection of the support    4,087        

and of any arrearages that occur; a statement requiring all        4,088        

parties to the order to notify the child support enforcement       4,089        

agency in writing of their current mailing address, their current  4,090        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     4,091        

DRIVER'S LICENSE NUMBER, and any changes in either address TO      4,093        

THAT INFORMATION; and a notice that the requirement to notify the  4,094        

agency of all changes in either address TO THAT INFORMATION        4,095        

continues until further notice from the court.  Any court of       4,097        

common pleas that makes or modifies an order for child support     4,098        

under this section on or after April 12, 1990, shall comply with   4,099        

sections 3113.21 to 3113.219 of the Revised Code.  If any person   4,100        

required to pay child support under an order made under this       4,101        

section on or after April 15, 1985, or modified on or after        4,102        

December 1, 1986, is found in contempt of court for failure to     4,103        

make support payments under the order, the court that makes the    4,104        

finding, in addition to any other penalty or remedy imposed,       4,105        

shall assess all court costs arising out of the contempt           4,106        

proceeding against the person and require the person to pay any    4,107        

reasonable attorney's fees of any adverse party, as determined by  4,108        

                                                          96     

                                                                 
the court, that arose in relation to the act of contempt.          4,109        

      (D)  Notwithstanding section 3109.01 of the Revised Code,    4,111        

if a court issues a child support order under this section, the    4,112        

order shall remain in effect beyond the child's eighteenth         4,113        

birthday as long as the child continuously attends on a full-time  4,114        

basis any recognized and accredited high school THE CHILD HAS A    4,116        

DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 5123.01 OF THE      4,117        

REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF    4,119        

THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.        4,120        

EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY  4,121        

OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY   4,122        

PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT   4,123        

REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any        4,124        

parent ordered to pay support under a child support order issued   4,125        

under this section shall continue to pay support under the order,  4,126        

including during seasonal vacation periods, until the order        4,127        

terminates.                                                        4,128        

      Sec. 3105.72.  THE RECORD OF ANY ACTION INSTITUTED UNDER     4,130        

THIS CHAPTER SHALL INCLUDE THE SOCIAL SECURITY NUMBERS OF BOTH     4,131        

PARTIES TO THE ACTION.                                                          

      Sec. 3107.01.  As used in sections 3107.01 to 3107.19 of     4,140        

the Revised Code:                                                               

      (A)  "Agency" means any public or private organization       4,142        

certified, licensed, or otherwise specially empowered by law or    4,143        

rule to place minors for adoption.                                 4,144        

      (B)  "Attorney" means a person who has been admitted to the  4,146        

bar by order of the Ohio supreme court.                            4,147        

      (C)  "Child" means a son or daughter, whether by birth or    4,149        

by adoption.                                                       4,150        

      (D)  "Court" means the probate courts of this state, and     4,152        

when the context requires, means the court of any other state      4,154        

empowered to grant petitions for adoption.                         4,155        

      (E)  "Identifying information" means any of the following    4,158        

with regard to a person:  first name, last name, maiden name,      4,159        

                                                          97     

                                                                 
alias, social security number, address, telephone number, place    4,160        

of employment, number used to identify the person for the purpose  4,161        

of the statewide education management information system                        

established pursuant to section 3301.0714 of the Revised Code,     4,162        

and any other number federal or state law requires or permits to   4,163        

be used to identify the person.                                                 

      (F)  "Minor" means a person under the age of eighteen        4,165        

years.                                                             4,166        

      (G)  "Private child placing agency," "private noncustodial   4,169        

agency," and "public children services agency" have the same                    

meanings as in section 2151.011 of the Revised Code.               4,170        

      (H)  "Putative father" means a man, including one under age  4,173        

eighteen, who may be a child's father and to whom all of the       4,174        

following apply:                                                                

      (1)  He is not married to the child's mother at the time of  4,176        

the child's conception or birth;                                   4,177        

      (2)  He has not adopted the child;                           4,179        

      (3)  He has not been determined, prior to the date a         4,181        

petition to adopt the child is filed, to have a parent and child   4,182        

relationship with the child by a court proceeding pursuant to      4,183        

sections 3111.01 to 3111.19 of the Revised Code, a court           4,184        

proceeding in another state, an administrative agency proceeding   4,185        

pursuant to sections 3111.20 to 3111.29 of the Revised Code, or    4,187        

an administrative agency proceeding in another state;                           

      (4)  He has not acknowledged paternity of the child          4,189        

pursuant to section 2105.18 5101.314 of the Revised Code.          4,190        

      Sec. 3107.06.  Unless consent is not required under section  4,199        

3107.07 of the Revised Code, a petition to adopt a minor may be    4,200        

granted only if written consent to the adoption has been executed  4,201        

by all of the following:                                           4,202        

      (A)  The mother of the minor;                                4,204        

      (B)  The father of the minor, if any of the following        4,206        

apply:                                                                          

      (1)  The minor was conceived or born while the father was    4,208        

                                                          98     

                                                                 
married to the mother;                                             4,209        

      (2)  The minor is his child by adoption;                     4,211        

      (3)  Prior to the date the petition was filed, it was        4,213        

determined by a court proceeding pursuant to sections 3111.01 to   4,214        

3111.19 of the Revised Code, a court proceeding in another state,  4,216        

an administrative proceeding pursuant to sections 3111.20 to       4,217        

3111.29 of the Revised Code, or an administrative proceeding in                 

another state that he has a parent and child relationship with     4,218        

the minor;                                                         4,219        

      (4)  He acknowledged paternity of the child AND THAT         4,221        

ACKNOWLEDGMENT HAS BECOME FINAL pursuant to section 2105.18        4,222        

2151.232, 3111.211, OR 5101.314 of the Revised Code.               4,223        

      (C)  The putative father of the minor;                       4,225        

      (D)  Any person or agency having permanent custody of the    4,227        

minor or authorized by court order to consent;                     4,228        

      (E)  The juvenile court that has jurisdiction to determine   4,230        

custody of the minor, if the legal guardian or custodian of the    4,231        

minor is not authorized by law or court order to consent to the    4,232        

adoption;                                                          4,233        

      (F)  The minor, if more than twelve years of age, unless     4,235        

the court, finding that it is in the best interest of the minor,   4,236        

determines that the minor's consent is not required.               4,237        

      Sec. 3107.064.  (A)  Except as provided in division (B) of   4,247        

this section, a court shall not issue a final decree of adoption                

or finalize an interlocutory order of adoption unless the mother   4,248        

placing the minor for adoption or the agency or attorney           4,249        

arranging the adoption files with the court a certified document   4,250        

provided by the department of human services under section         4,251        

3107.063 of the Revised Code.  The court shall not accept the                   

document unless the date the department places on the document     4,252        

pursuant to that section is thirty-one or more days after the      4,253        

date of the minor's birth.                                         4,254        

      (B)  The document described in division (A) of this section  4,257        

is not required if any of the following apply:                                  

                                                          99     

                                                                 
      (1)  The mother was married at the time the minor was        4,259        

conceived or born;                                                              

      (2)  The parent placing the minor for adoption previously    4,261        

adopted the minor;                                                 4,262        

      (3)  Prior to the date a petition to adopt the minor is      4,264        

filed, a man has been determined to have a parent and child        4,265        

relationship with the minor by a court proceeding pursuant to      4,266        

sections 3111.01 to 3111.19 of the Revised Code, a court           4,267        

proceeding in another state, an administrative agency proceeding   4,268        

pursuant to sections 3111.20 to 3111.29 of the Revised Code, or                 

an administrative agency proceeding in another state;              4,269        

      (4)  The minor's father acknowledged paternity of the minor  4,271        

AND THAT ACKNOWLEDGMENT HAS BECOME FINAL pursuant to section       4,273        

2105.18 2151.232, 3111.211, OR 5101.314 of the Revised Code;       4,274        

      (5)  A public children services agency has permanent         4,277        

custody of the minor pursuant to Chapter 2151. or division (B) of  4,278        

section 5103.15 of the Revised Code after both parents lost or     4,279        

surrendered parental rights, privileges, and responsibilities      4,280        

over the minor.                                                                 

      Sec. 3109.042.  AN UNMARRIED FEMALE WHO GIVES BIRTH TO A     4,282        

CHILD IS THE SOLE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE    4,283        

CHILD UNTIL A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER      4,284        

DESIGNATING ANOTHER PERSON AS THE RESIDENTIAL PARENT AND LEGAL     4,285        

CUSTODIAN.  A COURT DESIGNATING THE RESIDENTIAL PARENT AND LEGAL   4,286        

CUSTODIAN OF A CHILD DESCRIBED IN THIS SECTION SHALL TREAT THE     4,287        

MOTHER AND FATHER AS STANDING UPON AN EQUALITY WHEN MAKING THE     4,288        

DESIGNATION.                                                       4,289        

      Sec. 3109.05.  (A)(1)  In a divorce, dissolution of          4,298        

marriage, legal separation, or child support proceeding, the       4,299        

court may order either or both parents to support or help support  4,300        

their children, without regard to marital misconduct.  In          4,301        

determining the amount reasonable or necessary for child support,  4,302        

including the medical needs of the child, the court shall comply   4,303        

with sections 3113.21 to 3113.219 of the Revised Code.             4,304        

                                                          100    

                                                                 
      (2)  The court, in accordance with sections 3113.21 and      4,306        

3113.217 of the Revised Code, shall include in each support order  4,307        

made under this section the requirement that one or both of the    4,308        

parents provide for the health care needs of the child to the      4,309        

satisfaction of the court, and the court shall include in the      4,310        

support order a requirement that all support payments be made      4,311        

through the DIVISION OF child support enforcement agency IN THE    4,313        

DEPARTMENT OF HUMAN SERVICES.                                                   

      (3)  Each order for child support made or modified under     4,315        

this section on or after December 31, 1993, shall include as part  4,316        

of the order a general provision, as described in division (A)(1)  4,317        

of section 3113.21 of the Revised Code, requiring the withholding  4,318        

or deduction of wages INCOME or assets of the obligor under the    4,319        

order as described in division (D) or (H) of section 3113.21 of    4,321        

the Revised Code, or another type of appropriate requirement as    4,322        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         4,324        

section, to ensure that withholding or deduction from the wages    4,325        

INCOME or assets of the obligor is available from the              4,327        

commencement of the support order for collection of the support    4,328        

and of any arrearages that occur; a statement requiring both       4,329        

parents to notify the child support enforcement agency in writing  4,330        

of their current mailing address; their current residence          4,331        

address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S      4,332        

LICENSE NUMBER, and any changes in either address TO THAT          4,334        

INFORMATION, and a notice that the requirement to notify the       4,335        

agency of all changes in either address TO THAT INFORMATION        4,336        

continues until further notice from the court.  The court shall    4,338        

comply with sections 3113.21 to 3113.219 of the Revised Code when  4,339        

it makes or modifies an order for child support under this         4,340        

section.                                                                        

      (B)  The juvenile court has exclusive jurisdiction to enter  4,342        

the orders in any case certified to it from another court.         4,343        

      (C)  If any person required to pay child support under an    4,345        

order made under division (A) of this section on or after April    4,346        

                                                          101    

                                                                 
15, 1985, or modified on or after December 1, 1986, is found in    4,347        

contempt of court for failure to make support payments under the   4,348        

order, the court that makes the finding, in addition to any other  4,349        

penalty or remedy imposed, shall assess all court costs arising    4,350        

out of the contempt proceeding against the person and require the  4,351        

person to pay any reasonable attorney's fees of any adverse        4,352        

party, as determined by the court, that arose in relation to the   4,353        

act of contempt and, on or after July 1, 1992, shall assess        4,354        

interest on any unpaid amount of child support pursuant to         4,355        

section 3113.219 of the Revised Code.                              4,356        

      (D)  The court shall not authorize or permit the escrowing,  4,358        

impoundment, or withholding of any child support payment ordered   4,359        

under this section or any other section of the Revised Code        4,360        

because of a denial of or interference with a right of             4,361        

companionship or visitation granted in an order issued under this  4,362        

section, section 3109.051, 3109.11, 3109.12, or any other section  4,363        

of the Revised Code, or as a method of enforcing the specific      4,364        

provisions of any such order dealing with visitation.              4,365        

      (E)  Notwithstanding section 3109.01 of the Revised Code,    4,367        

if a court issues a child support order under this section, the    4,368        

order shall remain in effect beyond the child's eighteenth         4,369        

birthday as long as the child continuously attends on a full-time  4,370        

basis any recognized and accredited high school, THE CHILD HAS A   4,372        

DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 5123.01 OF THE      4,373        

REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF    4,375        

THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.        4,376        

EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY  4,377        

OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY   4,378        

PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT   4,379        

REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any        4,381        

parent ordered to pay support under a child support order issued                

under this section shall continue to pay support under the order,  4,382        

including during seasonal vacation periods, until the order        4,383        

terminates.                                                        4,384        

                                                          102    

                                                                 
      Sec. 3109.12.  (A)  If a child is born to an unmarried       4,393        

woman, the parents of the woman and any relative of the woman may  4,394        

file a complaint requesting the court of common pleas of the       4,395        

county in which the child resides to grant them reasonable         4,396        

companionship or visitation rights with the child.  If a child is  4,397        

born to an unmarried woman and if the father of the child has      4,398        

acknowledged the child AND THAT ACKNOWLEDGMENT HAS BECOME FINAL    4,399        

pursuant to section 2105.18 2151.232, 3111.211, OR 5101.314 of     4,401        

the Revised Code or has been determined in an action under         4,402        

Chapter 3111. of the Revised Code to be the father of the child,   4,403        

the father, the parents of the father, and any relative of the     4,404        

father may file a complaint requesting the court of common pleas   4,405        

of the county in which the child resides to grant them reasonable  4,406        

companionship or visitation rights with respect to the child.      4,407        

      (B)  The court may grant the companionship or visitation     4,409        

rights requested under division (A) of this section, if it         4,410        

determines that the granting of the companionship or visitation    4,411        

rights is in the best interest of the child.  In determining       4,412        

whether to grant any person reasonable companionship or            4,413        

visitation rights with respect to any child, the court shall       4,414        

consider all relevant factors, including, but not limited to, the  4,415        

factors set forth in division (D) of section 3109.051 of the       4,416        

Revised Code.  Divisions (C), (K), and (L) of section 3109.051 of  4,417        

the Revised Code apply to the determination of reasonable          4,418        

companionship or visitation rights under this section and to any   4,419        

order granting any such rights that is issued under this section.  4,420        

      The marriage or remarriage of the mother or father of a      4,422        

child does not affect the authority of the court under this        4,423        

section to grant the natural father, the parents or relatives of   4,424        

the natural father, or the parents or relatives of the mother of   4,425        

the child reasonable companionship or visitation rights with       4,426        

respect to the child.                                              4,427        

      If the court denies a request for reasonable companionship   4,429        

or visitation rights made pursuant to division (A) of this         4,430        

                                                          103    

                                                                 
section and the complainant files a written request for findings   4,431        

of fact and conclusions of law, the court shall state in writing   4,432        

its findings of fact and conclusions of law in accordance with     4,433        

Civil Rule 52.                                                     4,434        

      Except as provided in division (E)(6) of section 3113.31 of  4,436        

the Revised Code, if the court, pursuant to this section, grants   4,437        

any person companionship or visitation rights with respect to any  4,438        

child, it shall not require the public children services agency    4,439        

to provide supervision of or other services related to that        4,440        

person's exercise of companionship or visitation rights with       4,441        

respect to the child.  This section does not limit the power of a  4,442        

juvenile court pursuant to Chapter 2151. of the Revised Code to    4,443        

issue orders with respect to children who are alleged to be        4,444        

abused, neglected, or dependent children or to make dispositions   4,445        

of children who are adjudicated abused, neglected, or dependent                 

children or of a common pleas court to issue orders pursuant to    4,446        

section 3113.31 of the Revised Code.                               4,447        

      Sec. 3109.19.  (A)  As used in this section, "minor" has     4,457        

the same meaning as in section 3107.01 of the Revised Code.        4,458        

      (B)(1)  If a child is born to parents who are unmarried and  4,460        

unemancipated minors, a parent of one of the minors is providing   4,462        

support for the minors' child, and the minors have not signed an   4,463        

acknowledgment of paternity or a parent and child relationship     4,464        

has not been established between the child and the male minor,     4,465        

the parent who is providing support for the child may request a    4,466        

determination of the existence or nonexistence of a parent and     4,467        

child relationship between the child and the male minor pursuant   4,468        

to Chapter 3111. of the Revised Code.                              4,469        

      (2)  If a child is born to parents who are unmarried and     4,472        

unemancipated minors, a parent of one of the minors is providing   4,473        

support for the child, and the minors have signed an               4,474        

acknowledgment of paternity THAT HAS BECOME FINAL pursuant to                   

section 2105.18 2151.232, 3111.211, OR 5101.314 of the Revised     4,477        

Code or a parent and child relationship has been established       4,478        

                                                          104    

                                                                 
between the child and the male minor pursuant to Chapter 3111. of  4,479        

the Revised Code, the parent who is providing support for the      4,480        

child may file a complaint requesting that the court issue an      4,481        

order or may request the child support enforcement agency of the   4,482        

county in which the child resides to issue an administrative       4,483        

order requiring all of the minors' parents to pay support for the  4,484        

child.                                                                          

      (C)(1)  On receipt of a complaint filed under division       4,486        

(B)(2) of this section, the court shall schedule a hearing to      4,487        

determine, in accordance with sections 3113.21 to 3113.219 of the  4,489        

Revised Code, the amount of child support the minors' parents are  4,491        

required to pay and, the method of paying the support, AND THE     4,492        

METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE NEEDS.  On         4,493        

receipt of a request under division (B)(2) of this section, the    4,495        

agency shall schedule a hearing to determine, in accordance with   4,496        

sections 3111.23 to 3111.28 and 3113.215 of the Revised Code, the  4,498        

amount of child support the minors' parents are required to pay    4,499        

for and, the method of paying the support, AND THE METHOD OF       4,500        

PROVIDING FOR THE CHILD'S HEALTH CARE NEEDS.  At the conclusion    4,501        

of the hearing, the court or agency shall issue an order           4,503        

requiring the payment of support of the child AND PROVISION FOR                 

THE CHILD'S HEALTH CARE NEEDS.  The court or agency shall          4,505        

calculate the child support amount using the income of the         4,506        

minors' parents instead of the income of the minors.  If any of    4,507        

the minors' parents are divorced, the court or agency shall        4,508        

calculate the child support as if they were married, and issue a   4,509        

child support order requiring the parents to pay a portion of any  4,510        

support imposed as a separate obligation.  If a child support      4,511        

order issued pursuant to section 2151.23, 2151.231, 2151.232,      4,512        

3111.13, 3111.20, 3111.21 3111.211, or 3111.22 of the Revised      4,514        

Code requires one of the minors to pay support for the child, the  4,515        

amount the minor is required to pay shall be deducted from any     4,516        

amount that minor's parents are required to pay pursuant to an     4,517        

order issued under this section.  The hearing shall be held not    4,518        

                                                          105    

                                                                 
later than sixty days after the day the complaint is filed or the  4,519        

request is made nor earlier than thirty days after the court or    4,520        

agency gives the minors' parents notice of the action.                          

      (2)  An order issued by an agency for the payment of child   4,522        

support shall include a notice stating all of the following:       4,523        

that the parents of the minors may object to the order by filing   4,525        

a complaint pursuant to division (B)(2) of this section with the   4,526        

court requesting that the court issue an order requiring the       4,527        

minors' parents to pay support for the child AND PROVIDE FOR THE   4,528        

CHILD'S HEALTH CARE NEEDS; that the complaint may be filed no      4,529        

later than thirty days after the date of the issuance of the       4,530        

agency's order; and that, if none of the parents of the minors     4,531        

file a complaint pursuant to division (B)(2) of this section, the  4,533        

agency's order is final and enforceable by a court and may be      4,534        

modified and enforced only in accordance with sections 3111.23 to  4,535        

3111.28 and sections 3113.21 to 3113.219 of the Revised Code.      4,536        

      (D)  An order issued by a court or agency under this         4,539        

section shall remain in effect, except as modified pursuant to     4,540        

sections 3113.21 to 3113.219 of the Revised Code with respect to   4,542        

a court-issued child support order or pursuant to sections         4,543        

3111.23 to 3111.28 and 3113.215 of the Revised Code with respect   4,544        

to an administrative child support order, until the occurrence of  4,545        

any of the following:                                                           

      (1)  The minor who resides with the parents required to pay  4,547        

support under this section reaches the age of eighteen years,      4,548        

dies, marries, enlists in the armed services, is deported, gains   4,549        

legal or physical custody of the child, or is otherwise            4,550        

emancipated.                                                       4,551        

      (2)  The child who is the subject of the order dies, is      4,553        

adopted, is deported, or is transferred to the legal or physical   4,554        

custody of the minor who lives with the parents required to pay    4,555        

support under this section.                                                     

      (3)  The minor's parents to whom support is being paid       4,557        

pursuant to this section is no longer providing any support for    4,558        

                                                          106    

                                                                 
the child.                                                         4,559        

      (E)(1)  The minor's parents to whom support is being paid    4,561        

under a child support order issued by a court pursuant to this     4,562        

section shall notify, and the minor's parents who are paying       4,563        

support may notify the child support enforcement agency of the     4,564        

occurrence of any event described in division (D) of this          4,565        

section.  A willful failure to notify the agency as required by    4,566        

this division is contempt of court.  Upon receiving notification   4,567        

pursuant to this division, the agency shall comply with division   4,568        

(G)(4) of section 3113.21 of the Revised Code.                     4,570        

      (2)  The minor's parents to whom support is being paid       4,572        

under a child support order issued by the agency pursuant to this  4,573        

section shall notify, and the minor's parents who are paying       4,574        

support may notify the child support enforcement agency of the     4,575        

occurrence of any event described in division (D) of this          4,576        

section.  Upon receiving notification pursuant to this division,   4,577        

the agency shall comply with division (E)(4) of section 3111.23    4,579        

of the Revised Code.                                                            

      Sec. 3111.02.  (A)  The parent and child relationship        4,588        

between a child and the child's natural mother may be established  4,589        

by proof of her having given birth to the child or pursuant to     4,590        

sections 3111.01 to 3111.19 or 3111.20 to 3111.29 of the Revised   4,591        

Code.  The parent and child relationship between a child and the   4,592        

natural father of the child may be established by a probate court               

entering an acknowledgment upon its journal OF PATERNITY as        4,594        

provided in section 2105.18 5101.314 of the Revised Code, and      4,596        

pursuant to sections 3111.01 to 3111.19 or 3111.20 to 3111.29 of   4,597        

the Revised Code.  The parent and child relationship between a                  

child and the adoptive parent of the child may be established by   4,598        

proof of adoption or pursuant to Chapter 3107. of the Revised      4,599        

Code.                                                                           

      (B)  A court that is determining a parent and child          4,601        

relationship pursuant to this chapter shall give full faith and    4,602        

credit to a parentage determination made under the laws of this    4,603        

                                                          107    

                                                                 
state or another state, regardless of whether the parentage        4,604        

determination was made pursuant to a voluntary acknowledgement of               

paternity, an administrative procedure, or a court proceeding.     4,605        

      Sec. 3111.03.  (A)  A man is presumed to be the natural      4,614        

father of a child under any of the following circumstances:        4,615        

      (1)  The man and the child's mother are or have been         4,617        

married to each other, and the child is born during the marriage   4,618        

or is born within three hundred days after the marriage is         4,619        

terminated by death, annulment, divorce, or dissolution or after   4,620        

the man and the child's mother separate pursuant to a separation   4,621        

agreement.                                                         4,622        

      (2)  The man and the child's mother attempted, before the    4,624        

child's birth, to marry each other by a marriage that was          4,625        

solemnized in apparent compliance with the law of the state in     4,626        

which the marriage took place, the marriage is or could be         4,627        

declared invalid, and either of the following apply APPLIES:       4,628        

      (a)  The marriage can only be declared invalid by a court    4,630        

and the child is born during the marriage or within three hundred  4,631        

days after the termination of the marriage by death, annulment,    4,632        

divorce, or dissolution;                                           4,633        

      (b)  The attempted marriage is invalid without a court       4,635        

order and the child is born within three hundred days after the    4,636        

termination of cohabitation.                                       4,637        

      (3)  The man and the child's mother, after the child's       4,639        

birth, married or attempted to marry each other by a marriage      4,640        

solemnized in apparent compliance with the law of the state in     4,641        

which the marriage took place, and any EITHER of the following     4,642        

occur OCCURS:                                                      4,643        

      (a)  The man has acknowledged his paternity of the child in  4,645        

a writing sworn to before a notary public;                         4,646        

      (b)  The man, with his consent, is named as the child's      4,648        

father on the child's birth certificate;                           4,649        

      (c)  The man is required to support the child by a written   4,651        

voluntary promise or by a court order.                             4,652        

                                                          108    

                                                                 
      (4)  The man, with his consent, signs the child's birth      4,654        

certificate as an informant as provided in section 3705.09 of the  4,655        

Revised Code.                                                      4,656        

      (5)  A court enters upon its journal an acknowlegment AN     4,658        

ACKNOWLEDGMENT of paternity FILED WITH THE DIVISION OF CHILD       4,659        

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES BECOMES FINAL          4,660        

pursuant to section 2105.18 2151.232, 3111.211, OR 5101.314 of     4,661        

the Revised Code.                                                  4,662        

      (6)(5)  A court or administrative body, pursuant to section  4,664        

3111.09, 3111.22, or 3115.24 3115.52 of the Revised Code or        4,666        

otherwise, has ordered that genetic tests be conducted or the      4,667        

natural mother and alleged natural father voluntarily agreed to    4,668        

genetic testing pursuant to FORMER section 3111.21 or 3111.22 of   4,669        

the Revised Code to determine the father and child relationship    4,671        

and the results of the genetic tests indicate a probability of     4,672        

ninety-five NINETY-NINE per cent or greater that the man is the    4,674        

biological father of the child.                                                 

      (B)(1)  A presumption arises under division (A)(3) of this   4,676        

section regardless of the validity or invalidity of the marriage   4,677        

of the parents.  A presumption that arises under this section can  4,678        

only be rebutted by clear and convincing evidence that includes    4,679        

the results of genetic testing, except that a presumption that     4,680        

arises under division (A)(1) or (2) of this section is conclusive  4,682        

as provided in division (A) of section 3111.37 of the Revised      4,683        

Code and cannot be rebutted.  If two or more conflicting           4,685        

presumptions arise under this section, the court shall determine,  4,686        

based upon logic and policy considerations, which presumption      4,687        

controls.  IF A DETERMINATION DESCRIBED IN DIVISION (B)(3) OF      4,688        

THIS SECTION CONFLICTS WITH A PRESUMPTION THAT ARISES UNDER THIS   4,689        

SECTION THE DETERMINATION IS CONTROLLING.                          4,690        

      (2)  NOTWITHSTANDING DIVISION (B)(1) OF THIS SECTION, A      4,692        

PRESUMPTION THAT ARISES UNDER DIVISION (A)(4) OF THIS SECTION MAY  4,695        

ONLY BE REBUTTED AS PROVIDED IN DIVISION (B)(2) OF SECTION         4,697        

5101.314 OF THE REVISED CODE.                                      4,699        

                                                          109    

                                                                 
      (3)  NOTWITHSTANDING DIVISION (A)(5) OF THIS SECTION, A      4,701        

FINAL AND ENFORCEABLE DETERMINATION FINDING THE EXISTENCE OF A     4,703        

FATHER AND CHILD RELATIONSHIP PURSUANT TO FORMER SECTION 3111.21   4,704        

OR SECTION 3111.22 OF THE REVISED CODE THAT IS BASED ON THE        4,705        

RESULTS OF GENETIC TESTS ORDERED PURSUANT TO EITHER OF THOSE       4,706        

SECTIONS, IS NOT A PRESUMPTION.                                    4,707        

      (C)  A PRESUMPTION OF PATERNITY THAT AROSE PURSUANT TO THIS  4,709        

SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT SHALL        4,710        

REMAIN VALID ON AND AFTER THAT DATE UNLESS REBUTTED PURSUANT TO    4,711        

DIVISION (B) OF THIS SECTION.  THIS DIVISION DOES NOT APPLY TO A   4,712        

DETERMINATION DESCRIBED IN DIVISION (B)(3) OF THIS SECTION.        4,713        

      Sec. 3111.04.  (A)  An action to determine the existence or  4,722        

nonexistence of the father and child relationship may be brought   4,723        

by the child or the child's personal representative, the child's   4,724        

mother or her personal representative, a man alleged or alleging   4,725        

himself to be the child's father, the child support enforcement    4,726        

agency of the county in which the child resides if the child's     4,727        

mother is a recipient of public assistance as defined in section   4,728        

2301.351 of the Revised Code or of services under Title IV-D of    4,729        

the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,  4,730        

as amended, or the alleged father's personal representative.       4,731        

      (B)  An agreement does not bar an action under this          4,733        

section.                                                           4,734        

      (C)  If an action under this section is brought before the   4,736        

birth of the child and if the action is contested, all             4,737        

proceedings, except service of process and the taking of           4,738        

depositions to perpetuate testimony, may be stayed until after     4,739        

the birth.                                                         4,740        

      (D)  A recipient of public assistance as defined in section  4,742        

2301.351 of the Revised Code or of services under Title IV-D of    4,743        

the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,  4,744        

as amended, shall request COOPERATE WITH the child support         4,745        

enforcement agency of the county in which a child resides to make  4,747        

OBTAIN an administrative determination PURSUANT TO SECTION         4,749        

                                                          110    

                                                                 
3111.22 OF THE REVISED CODE, OR, IF NECESSARY, A COURT                          

DETERMINATION PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE       4,750        

REVISED CODE, of the existence or nonexistence of a parent and     4,751        

child relationship between the father and the child pursuant to    4,752        

section 3111.22 of the Revised Code before the recipient           4,753        

commences an action to determine the existence or nonexistence of  4,754        

that parent and child relationship.  IF THE RECIPIENT FAILS TO     4,755        

COOPERATE, THE AGENCY MAY COMMENCE AN ACTION TO DETERMINE THE      4,756        

EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP       4,757        

BETWEEN THE FATHER AND THE CHILD PURSUANT TO SECTIONS 3111.01 TO   4,758        

3111.19 OF THE REVISED CODE.                                                    

      (E)  AS USED IN THIS SECTION, "PUBLIC ASSISTANCE" MEANS      4,760        

MEDICAL ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE,        4,761        

ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED CODE, OR DISABILITY  4,762        

ASSISTANCE UNDER CHAPTER 5115. OF THE REVISED CODE.                4,763        

      Sec. 3111.06.  (A)  The juvenile court has original          4,772        

jurisdiction of any action authorized under sections 3111.01 to    4,773        

3111.19 of the Revised Code.  An action may be brought under       4,774        

those sections in the juvenile court of the county in which the    4,775        

child, the child's mother, or the alleged father resides or is     4,776        

found or, if the alleged father is deceased, of the county in      4,777        

which proceedings for the probate of his THE ALLEGED FATHER'S      4,778        

estate have been or can be commenced, or of the county in which    4,779        

the child is being provided support by the department of human     4,780        

services of that county.  AN ACTION PURSUANT TO SECTIONS 3111.01   4,781        

TO 3111.19 OF THE REVISED CODE TO OBJECT TO AN ADMINISTRATIVE      4,782        

ORDER ISSUED PURSUANT TO FORMER SECTION 3111.21 OR SECTION         4,783        

3111.22 OF THE REVISED CODE DETERMINING THE EXISTENCE OR                        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP THAT HAS NOT       4,784        

BECOME FINAL AND ENFORCEABLE, MAY BE BROUGHT ONLY IN THE JUVENILE  4,785        

COURT OF THE COUNTY IN WHICH THE CHILD SUPPORT ENFORCEMENT AGENCY  4,786        

THAT ISSUED THE ORDER IS LOCATED.  If an action for divorce,       4,787        

dissolution, or legal separation has been filed in a court of      4,788        

common pleas, that court of common pleas has original              4,789        

                                                          111    

                                                                 
jurisdiction to determine if the parent and child relationship     4,790        

exists between one or both of the parties and any child alleged    4,791        

or presumed to be the child of one or both of the parties.         4,792        

      (B)  A person who has sexual intercourse in this state       4,794        

submits to the jurisdiction of the courts of this state as to an   4,795        

action brought under sections 3111.01 to 3111.19 of the Revised    4,796        

Code with respect to a child who may have been conceived by that   4,797        

act of intercourse.  In addition to any other method provided by   4,798        

the Rules of Civil Procedure, personal jurisdiction may be         4,799        

acquired by personal service of summons outside this state or by   4,800        

certified mail with proof of actual receipt.                       4,801        

      Sec. 3111.07.  (A)  The natural mother, each man presumed    4,810        

to be the father under section 3111.03 of the Revised Code, each   4,811        

man alleged to be the natural father, and, if the party who        4,812        

initiates the action is a recipient of public assistance as        4,813        

defined in section 2301.351 3111.04 of the Revised Code or if the  4,815        

responsibility for the collection of support for the child who is  4,816        

the subject of the action has been assumed by the child support    4,817        

enforcement agency under Title IV-D of the "Social Security Act,"  4,818        

88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child       4,819        

support enforcement agency of the county in which the child        4,820        

resides shall be made parties to the action brought pursuant to    4,821        

sections 3111.01 to 3111.19 of the Revised Code or, if not         4,822        

subject to the jurisdiction of the court, shall be given notice    4,823        

of the action pursuant to the Rules of Civil Procedure and shall   4,824        

be given an opportunity to be heard.  The court may align the      4,825        

parties.  The child shall be made a party to the action unless a   4,826        

party shows good cause for not doing so.  Separate counsel shall   4,827        

be appointed for the child if the court finds that the child's     4,828        

interests conflict with those of the mother.                       4,829        

      If the person bringing the action knows that a particular    4,831        

man is not or, based upon the facts and circumstances present,     4,832        

could not be the natural father of the child, the person bringing  4,833        

the action shall not allege in the action that the man is the      4,834        

                                                          112    

                                                                 
natural father of the child and shall not make the man a party to  4,835        

the action.                                                        4,836        

      (B)  If an action is brought pursuant to sections 3111.01    4,838        

to 3111.19 of the Revised Code and the child to whom the action    4,839        

pertains is or was being provided support by the department of     4,840        

human services, a county department of human services, or another  4,841        

public agency, the department, county department, or agency may    4,842        

intervene for purposes of collecting or recovering the support.    4,843        

      Sec. 3111.09.  (A)(1)  In any action instituted under        4,852        

sections 3111.01 to 3111.19 of the Revised Code, the court, upon   4,853        

its own motion, may order and, upon the motion of any party to     4,854        

the action, shall order the child's mother, the child, the         4,855        

alleged father, and any other person who is a defendant in the     4,856        

action to submit to genetic tests.  If genetic tests are ordered   4,857        

upon the motion of a party or the court, the court shall order     4,858        

that the child's mother, the child, the alleged father, and any    4,859        

other defendant submit to genetic testing.  Instead of or in       4,860        

addition to genetic testing ordered pursuant to this section, the  4,861        

court may order the superintendent of the bureau of criminal       4,862        

identification and investigation to disclose information           4,863        

regarding a USE THE FOLLOWING INFORMATION TO DETERMINE THE         4,864        

EXISTENCE OF A PARENT AND CHILD RELATIONSHIP BETWEEN THE CHILD     4,865        

AND THE CHILD'S MOTHER, THE ALLEGED FATHER, OR ANOTHER DEFENDANT:  4,867        

      (a)  A DNA record of the child's mother, the child, the      4,872        

alleged father, or any other defendant that is stored in the DNA   4,873        

database pursuant to section 109.573 of the Revised Code and may   4,874        

use that information to determine the existence of a parent and                 

child relationship between the child and the child's mother, the   4,876        

alleged father, or another defendant.;                             4,877        

      (b)  RESULTS OF GENETIC TESTS CONDUCTED ON THE CHILD, THE    4,880        

CHILD'S MOTHER, THE ALLEGED FATHER, OR ANY OTHER DEFENDANT         4,881        

PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22 OF THE       4,882        

REVISED CODE.                                                                   

      IF THE COURT INTENDS TO USE THE INFORMATION DESCRIBED IN     4,885        

                                                          113    

                                                                 
DIVISION (A)(1)(a) OF THIS SECTION, IT SHALL ORDER THE             4,886        

SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND        4,887        

INVESTIGATION TO DISCLOSE THE INFORMATION TO THE COURT.  IF THE    4,888        

COURT INTENDS TO USE THE GENETIC TEST RESULTS DESCRIBED IN         4,889        

DIVISION (A)(1)(b) OF THIS SECTION, IT SHALL ORDER THE AGENCY      4,890        

THAT ORDERED THE TESTS TO PROVIDE THE REPORT OF THE GENETIC TEST   4,891        

RESULTS TO THE COURT.                                                           

      (2)  If the child support enforcement agency is not made a   4,894        

party to the action, the clerk of the court shall schedule the     4,895        

genetic testing no later than thirty days after the court issues   4,896        

its order.  If the agency is made a party to the action, the       4,897        

agency shall schedule the genetic testing in accordance with the   4,898        

rules adopted by the department of human services pursuant to      4,899        

section 2301.35 of the Revised Code.  If the alleged father of a   4,900        

child brings an action under sections 3111.01 to 3111.19 of the    4,901        

Revised Code and if the mother of the child willfully fails to     4,902        

submit to genetic testing or if the mother is the custodian of     4,903        

the child and willfully fails to submit the child to genetic       4,904        

testing, the court, ON THE MOTION OF THE ALLEGED FATHER, shall     4,905        

issue an order determining the existence of a parent and child     4,906        

relationship between the father and the child without genetic      4,907        

testing.  If the mother or other guardian or custodian of the      4,908        

child brings an action under sections 3111.01 to 3111.19 of the    4,909        

Revised Code and if the alleged father of the child willfully      4,910        

fails to submit himself to genetic testing or, if the alleged      4,911        

father is the custodian of the child and willfully fails to        4,912        

submit the child to genetic testing, the court shall issue an      4,913        

order determining the existence of a parent and child              4,914        

relationship between the father and the child without genetic      4,915        

testing.  If a party shows good cause for failing to submit to     4,916        

genetic testing or for failing to submit the child to genetic      4,917        

testing, the court shall not consider the failure to be willful.   4,918        

Any                                                                             

      (3)  EXCEPT AS PROVIDED IN DIVISION (A)(4) OF THIS SECTION,  4,921        

                                                          114    

                                                                 
ANY fees charged for the tests shall be paid by the party that     4,922        

requests them, unless the custodian of the child is represented    4,923        

by the child support enforcement agency in its role as the agency  4,924        

providing enforcement of child support orders under Title IV-D of  4,925        

the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651,    4,926        

as amended, the custodian is a recipient of aid to dependent       4,927        

children under Chapter 5107. of the Revised Code for the benefit   4,928        

of the child, or the defendant in the action is found to be        4,929        

indigent, in which case the child support enforcement agency       4,930        

shall pay the costs of genetic testing.  The child support         4,931        

enforcement agency, within guidelines contained in that federal    4,932        

law, shall use funds received pursuant to Title IV-D of the        4,933        

"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as     4,934        

amended, to pay the fees charged for the tests.  If                4,935        

      EXCEPT AS PROVIDED IN DIVISION (A)(4) OF THIS SECTION, IF    4,937        

there is a dispute as to who shall pay the fees charged for        4,938        

genetic testing, the child support enforcement agency shall pay    4,939        

the fees, but neither the court nor the agency shall delay         4,940        

genetic testing due to a dispute as to who shall pay the genetic   4,941        

testing fees.  The child support enforcement agency or the person  4,942        

who paid the fees charged for the genetic testing may seek         4,943        

reimbursement for the genetic testing fees from the person         4,944        

against whom the court assesses the costs of the action.  Any      4,945        

funds used in accordance with this division by the child support   4,946        

enforcement agency shall be in addition to any other funds that    4,947        

the agency is entitled to receive as a result of any contractual   4,948        

provision for specific funding allocations for the agency between  4,949        

the county, the state, and the federal government.                 4,950        

      (4)  IF, PURSUANT TO FORMER SECTION 3111.21 OR SECTION       4,952        

3111.22 OF THE REVISED CODE, THE AGENCY HAS PREVIOUSLY CONDUCTED   4,955        

GENETIC TESTS ON THE CHILD, CHILD'S MOTHER, ALLEGED FATHER, OR     4,956        

ANY OTHER DEFENDANT AND THE CURRENT ACTION PURSUANT TO SECTION     4,957        

3111.01 TO 3111.19 OF THE REVISED CODE HAS BEEN BROUGHT TO OBJECT  4,959        

TO THE RESULT OF THOSE PREVIOUS TESTS, THE AGENCY SHALL NOT BE     4,960        

                                                          115    

                                                                 
REQUIRED TO PAY THE FEES FOR CONDUCTING GENETIC TESTS PURSUANT TO  4,962        

THIS SECTION ON THE SAME PERSONS.                                               

      (B)(1)  The genetic tests shall be made by qualified         4,964        

examiners who are authorized by the court or the department of     4,965        

human services.  An examiner conducting a genetic test, upon the   4,966        

completion of the test, shall send a complete report of the test   4,967        

results to the clerk of the court that ordered the test or, if     4,968        

the agency is a party to the action, to the child support          4,969        

enforcement agency of the county in which the court that ordered                

the test is located.                                               4,970        

      (2)  If a court orders the superintendent of the bureau of   4,972        

criminal identification and investigation to disclose information  4,973        

regarding a DNA record stored in the DNA database pursuant to      4,974        

section 109.573 of the Revised Code, the superintendent shall      4,975        

send the information to the clerk of the court that issued the     4,977        

order or, if the agency is a party to the action, to the child     4,978        

support enforcement agency of the county in which the court that                

issued the order is located.                                       4,979        

      (3)  IF A COURT ORDERS THE CHILD SUPPORT ENFORCEMENT AGENCY  4,981        

TO PROVIDE THE REPORT OF THE GENETIC TEST RESULTS OBTAINED         4,982        

PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22 OF THE       4,984        

REVISED CODE, THE AGENCY SHALL SEND THE INFORMATION TO THE PERSON               

OR GOVERNMENT ENTITY DESIGNATED BY THE COURT THAT ISSUED THE       4,985        

ORDER.                                                                          

      (4)  The clerk or, agency, OR PERSON OR GOVERNMENT ENTITY    4,988        

UNDER DIVISION (B)(3) OF THIS SECTION that receives a report or    4,989        

information pursuant to division (B)(1), (2), OR (3) of this       4,991        

section shall mail a copy of the report or information to the      4,993        

attorney of record for each party or, if a party is not            4,995        

represented by an attorney, to the party.  The clerk or, agency,   4,996        

OR PERSON OR GOVERNMENT ENTITY UNDER DIVISION (B)(3) OF THIS       4,997        

SECTION that receives a copy of the report or information shall    4,998        

include with the report or information sent to an attorney of      5,000        

record of a party or a party a notice that the party may object    5,001        

                                                          116    

                                                                 
to the admission into evidence of the report or information by     5,002        

filing a written objection as described in division (D) of         5,003        

section 3111.12 of the Revised Code with the court that ordered    5,004        

the tests or ordered the disclosure of the information no later    5,005        

than fourteen days after the report or information was mailed to   5,006        

the attorney of record or to the party.  The examiners may be      5,008        

called as witnesses to testify as to their findings.  Any party    5,009        

may demand that other qualified examiners perform independent      5,010        

genetic tests under order of the court.  The number and            5,011        

qualifications of the independent examiners shall be determined    5,012        

by the court.                                                                   

      (C)  Nothing in this section prevents any party to the       5,014        

action from producing other expert evidence on the issue covered   5,015        

by this section, but, if other expert witnesses are called by a    5,016        

party to the action, the fees of these expert witnesses shall be   5,017        

paid by the party calling the witnesses and only ordinary witness  5,018        

fees for these expert witnesses shall be taxed as costs in the     5,019        

action.                                                            5,020        

      (D)  If the court finds that the conclusions of all the      5,022        

examiners are that the alleged father is not the father of the     5,023        

child, the court shall enter judgment that the alleged father is   5,024        

not the father of the child.  If the examiners disagree in their   5,025        

findings or conclusions, the court or jury shall determine the     5,026        

father of the child based upon all the evidence.                   5,027        

      (E)  As used in sections 3111.01 to 3111.29 of the Revised   5,029        

Code:                                                                           

      (1)  "Genetic tests" and "genetic testing" mean either of    5,031        

the following:                                                                  

      (a)  Tissue or blood tests, including tests that identify    5,035        

the presence or absence of common blood group antigens, the red    5,036        

blood cell antigens, human lymphocyte antigens, serum enzymes,     5,037        

serum proteins, or genetic markers;                                5,038        

      (b)  Deoxyribonucleic acid typing of blood or buccal cell    5,040        

samples.                                                                        

                                                          117    

                                                                 
      "Genetic test" and "genetic testing" may include the typing  5,042        

and comparison of deoxyribonucleic acid derived from the blood of  5,043        

one individual and buccal cells of another.                        5,044        

      (2)  "DNA record" and "DNA database" have the same meanings  5,047        

as in section 109.573 of the Revised Code.                                      

      Sec. 3111.111.  IF AN ACTION IS BROUGHT PURSUANT TO          5,049        

SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE TO OBJECT TO A     5,051        

DETERMINATION MADE PURSUANT TO FORMER SECTION 3111.21 OR SECTION   5,052        

3111.22 OF THE REVISED CODE THAT THE ALLEGED FATHER IS THE         5,056        

NATURAL FATHER OF A CHILD, THE COURT, ON ITS OWN MOTION OR ON THE  5,057        

MOTION OF EITHER PARTY, SHALL ISSUE A TEMPORARY ORDER FOR THE      5,058        

SUPPORT OF THE CHILD PURSUANT TO SECTION 3113.21 TO 3113.219 OF    5,059        

THE REVISED CODE REQUIRING THE ALLEGED FATHER TO PAY SUPPORT TO    5,061        

THE NATURAL MOTHER OR THE GUARDIAN OR LEGAL CUSTODIAN OF THE                    

CHILD.  THE ORDER SHALL REMAIN IN EFFECT UNTIL THE COURT ISSUES A  5,063        

JUDGMENT IN THE ACTION PURSUANT TO SECTION 3111.13 OF THE REVISED  5,064        

CODE THAT DETERMINES THE EXISTENCE OR NONEXISTENCE OF A FATHER     5,065        

AND CHILD RELATIONSHIP.  IF THE COURT, IN ITS JUDGMENT,            5,066        

DETERMINES THAT THE ALLEGED FATHER IS NOT THE NATURAL FATHER OF    5,067        

THE CHILD, THE COURT SHALL ORDER THE PERSON TO WHOM THE TEMPORARY  5,068        

SUPPORT WAS PAID UNDER THE ORDER TO REPAY THE ALLEGED FATHER ALL   5,069        

AMOUNTS PAID FOR SUPPORT UNDER THE TEMPORARY ORDER.                5,070        

      Sec. 3111.12.  (A)  In an action under sections 3111.01 to   5,079        

3111.19 of the Revised Code, the mother of the child and the       5,080        

alleged father are competent to testify and may be compelled to    5,081        

testify by subpoena.  If a witness refuses to testify upon the     5,082        

ground that the testimony or evidence of the witness might tend    5,083        

to incriminate the witness and the court compels the witness to    5,084        

testify, the court may grant the witness immunity from having the  5,085        

testimony of the witness used against the witness in subsequent    5,086        

criminal proceedings.                                                           

      (B)  Testimony of a physician concerning the medical         5,088        

circumstances of the mother's pregnancy and the condition and      5,089        

characteristics of the child upon birth is not privileged.         5,090        

                                                          118    

                                                                 
      (C)  Testimony relating to sexual access to the mother by a  5,092        

man at a time other than the probable time of conception of the    5,093        

child is inadmissible in evidence, unless offered by the mother.   5,094        

      (D)  If, pursuant to section 3111.09 of the Revised Code, a  5,096        

court orders genetic tests to be conducted or, orders disclosure   5,097        

of information regarding a DNA record stored in the DNA database   5,099        

pursuant to section 109.573 of the Revised Code, OR INTENDS TO     5,100        

USE A REPORT OF GENETIC TEST RESULTS OBTAINED FROM TESTS                        

CONDUCTED PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22    5,101        

OF THE REVISED CODE, a party may object to the admission into      5,103        

evidence of the report ANY of the GENETIC test results or of the   5,104        

DNA record information by filing a written objection with the      5,106        

court that ordered the tests or disclosure OR INTENDS TO USE A     5,107        

REPORT OF GENETIC TEST RESULTS.  The party shall file the written  5,108        

objection with the court no later than fourteen days after the     5,110        

report of the test results or the DNA record information is        5,111        

mailed to the attorney of record of a party or to a party.  The    5,112        

party making the objection shall send a copy of the objection to   5,113        

all parties.                                                                    

      If a party files a written objection, the report of the      5,115        

test results or the DNA record information shall be admissible     5,117        

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  5,118        

record information shall be admissible into evidence without the   5,120        

need for foundation testimony or other proof of authenticity or    5,121        

accuracy.                                                                       

      (E)  Any party to an action brought pursuant to sections     5,123        

3111.01 to 3111.19 of the Revised Code may demand a jury trial by  5,124        

filing the demand within three days after the action is set for    5,125        

trial.  If a jury demand is not filed within the three-day         5,126        

period, the trial shall be by the court.                           5,127        

      If the action is tried to a jury, the verdict of the jury    5,129        

is limited only to the parentage of the child, and all other       5,130        

matters involved in the action shall be determined by the court    5,131        

                                                          119    

                                                                 
following the rendering of the verdict IF A PARTY INTENDS TO       5,134        

INTRODUCE INTO EVIDENCE INVOICES OR OTHER DOCUMENTS SHOWING                     

AMOUNTS EXPENDED TO COVER PREGNANCY AND CONFINEMENT AND GENETIC    5,135        

TESTING, THE PARTY SHALL NOTIFY ALL OTHER PARTIES IN WRITING OF    5,136        

THAT INTENT AND INCLUDE COPIES OF THE INVOICES AND DOCUMENTS.  A   5,137        

PARTY MAY OBJECT TO THE ADMISSION INTO EVIDENCE OF THE INVOICES    5,138        

OR DOCUMENTS BY FILING A WRITTEN OBJECTION WITH THE COURT THAT IS  5,140        

HEARING THE ACTION NO LATER THAN FOURTEEN DAYS AFTER THE NOTICE    5,141        

AND THE COPIES OF THE INVOICES AND DOCUMENTS ARE MAILED TO THE     5,142        

ATTORNEY OF RECORD OF EACH PARTY OR TO EACH PARTY.                              

      IF A PARTY FILES A WRITTEN OBJECTION, THE INVOICES AND       5,144        

OTHER DOCUMENTS SHALL BE ADMISSIBLE INTO EVIDENCE AS PROVIDED BY   5,145        

THE RULES OF EVIDENCE.  IF A WRITTEN OBJECTION IS NOT FILED, THE   5,147        

INVOICES OR OTHER DOCUMENTS ARE ADMISSIBLE INTO EVIDENCE WITHOUT                

THE NEED FOR FOUNDATION TESTIMONY OR OTHER EVIDENCE OF             5,149        

AUTHENTICITY OR ACCURACY.                                          5,150        

      (F)  A juvenile court shall give priority to actions under   5,152        

sections 3111.01 to 3111.19 of the Revised Code and shall issue    5,153        

an order determining the existence or nonexistence of a parent     5,154        

and child relationship no later than one hundred twenty days       5,155        

after the date on which the action was brought in the juvenile     5,156        

court.                                                             5,157        

      Sec. 3111.13.  (A)  The judgment or order of the court       5,166        

determining the existence or nonexistence of the parent and child  5,167        

relationship is determinative for all purposes.                    5,168        

      (B)  If the judgment or order of the court is at variance    5,170        

with the child's birth record, the court may order that a new      5,171        

birth record be issued under section 3111.18 of the Revised Code.  5,172        

      (C)  The judgment or order may contain any other provision   5,174        

directed against the appropriate party to the proceeding,          5,175        

concerning the duty of support, the furnishing of bond or other    5,176        

security for the payment of the judgment, or any other matter in   5,177        

the best interest of the child.  The judgment or order shall       5,178        

direct the father to pay all or any part of the reasonable         5,179        

                                                          120    

                                                                 
expenses of the mother's pregnancy and confinement.  After entry   5,180        

of the judgment or order, the father may petition that he be       5,181        

designated the residential parent and legal custodian of the       5,182        

child or for visitation rights in a proceeding separate from any   5,183        

action to establish paternity.  Additionally, if the mother is     5,184        

unmarried, the father, the parents of the father, any relative of  5,185        

the father, the parents of the mother, and any relative of the     5,186        

mother may file a complaint pursuant to section 3109.12 of the     5,187        

Revised Code requesting the granting under that section of         5,188        

reasonable companionship or visitation rights with respect to the  5,189        

child.                                                             5,190        

      The judgment or order shall contain any provision required   5,192        

by division (B) of section 3111.14 of the Revised Code.            5,193        

      (D)  Support judgments or orders ordinarily shall be for     5,195        

periodic payments that may vary in amount.  In the best interest   5,196        

of the child, a lump-sum payment or the purchase of an annuity     5,197        

may be ordered in lieu of periodic payments of support.            5,198        

      (E)  In determining the amount to be paid by a parent for    5,200        

support of the child and the period during which the duty of       5,201        

support is owed, a court enforcing the obligation of support       5,202        

shall comply with sections 3113.21 to 3113.219 of the Revised      5,203        

Code.                                                              5,204        

      (F)(1)  Each order for child support made or modified under  5,206        

this section on or after December 31, 1993, shall include as part  5,207        

of the order a general provision, as described in division (A)(1)  5,208        

of section 3113.21 of the Revised Code, requiring the withholding  5,209        

or deduction of wages INCOME or assets of the obligor under the    5,210        

order as described in division (D) or (H) of section 3113.21 of    5,212        

the Revised Code, or another type of appropriate requirement as    5,213        

described in division (D)(6)(3), (D)(7)(4), or (H) of that         5,215        

section, to ensure that withholding or deduction from the wages    5,216        

INCOME or assets of the obligor is available from the              5,218        

commencement of the support order for collection of the support    5,219        

and of any arrearages that occur; a statement requiring all        5,220        

                                                          121    

                                                                 
parties to the order to notify the child support enforcement       5,221        

agency in writing of their current mailing address, their current  5,222        

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     5,223        

DRIVER'S LICENSE NUMBER, and any changes in either address TO      5,224        

THAT INFORMATION; and a notice that the requirement to notify the  5,226        

agency of all changes in either address TO THAT INFORMATION                     

continues until further notice from the court.  Any court that     5,228        

makes or modifies an order for child support under this section    5,229        

on or after April 12, 1990, shall comply with sections 3113.21 to  5,230        

3113.219 of the Revised Code.  If any person required to pay       5,231        

child support under an order made under this section on or after   5,232        

April 15, 1985, or modified on or after December 1, 1986, is       5,233        

found in contempt of court for failure to make support payments    5,234        

under the order, the court that makes the finding, in addition to  5,235        

any other penalty or remedy imposed, shall assess all court costs  5,236        

arising out of the contempt proceeding against the person and      5,237        

require the person to pay any reasonable attorney's fees of any    5,238        

adverse party, as determined by the court, that arose in relation  5,239        

to the act of contempt.                                            5,240        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    5,242        

if a court issues a child support order under this section, the    5,243        

order shall remain in effect beyond the child's eighteenth         5,244        

birthday as long as the child continuously attends on a full-time  5,245        

basis any recognized and accredited high school, THE CHILD HAS A   5,247        

DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 5123.01 OF THE      5,248        

REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF    5,250        

THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.        5,251        

EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY  5,252        

OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY   5,253        

PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT   5,254        

REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any        5,255        

parent ordered to pay support under a child support order issued   5,256        

under this section shall continue to pay support under the order,  5,257        

including during seasonal vacation periods, until the order        5,258        

                                                          122    

                                                                 
terminates.                                                        5,259        

      (3)  When a court determines whether to require a parent to  5,261        

pay an amount for that parent's failure to support a child prior   5,262        

to the date the court issues an order requiring that parent to     5,263        

pay an amount for the current support of that child, it shall      5,264        

consider all relevant factors, including, but not limited to, any  5,265        

monetary contribution either parent of the child made to the       5,266        

support of the child prior to the court issuing the order          5,267        

requiring the parent to pay an amount for the current support of   5,268        

the child.                                                         5,269        

      (G)  As used in this section, "birth record" has the same    5,271        

meaning as in section 3705.01 of the Revised Code.                 5,272        

      (H)  ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE   5,274        

EXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE     5,275        

FULL NAMES, ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER   5,276        

AND FATHER OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE       5,277        

CHILD.                                                             5,278        

      Sec. 3111.20.  (A)  As used in sections 3111.20 to 3111.29   5,287        

of the Revised Code:                                               5,288        

      (1)  "Child support enforcement agency" has the same         5,290        

meaning as in section 3111.21 3113.21 of the Revised Code.         5,291        

      (2)  "Obligor" means the person required to pay support      5,293        

under an administrative support order.                             5,294        

      (3)  "Obligee" means the person entitled to receive the      5,296        

support payments under an administrative support order.            5,297        

      (4)  "Administrative support order" means an administrative  5,299        

order for the payment of support that is issued by a child         5,300        

support enforcement agency.                                        5,301        

      (5)  "Support" means child support.                          5,303        

      (6)  "Personal earnings" means compensation paid or payable  5,305        

for personal services, however denominated, and includes, but is   5,306        

not limited to, wages, salary, commissions, bonuses, draws         5,307        

against commissions, profit sharing, and vacation pay.             5,308        

      (7)  "Financial institution" means a bank, savings and loan  5,310        

                                                          123    

                                                                 
association, or credit union, or a regulated investment company    5,311        

or mutual fund in which a person who is required to pay support    5,312        

has funds on deposit that are not exempt under the law of this     5,313        

state or the United States from execution, attachment, or other    5,314        

legal process.                                                     5,315        

      (8)  "Title IV-D case" means any case in which the child     5,317        

support enforcement agency is enforcing the support order          5,318        

pursuant to Title IV-D of the "Social Security Act," 88 Stat.      5,319        

2351 (1975), 42 U.S.C. 651, as amended.                            5,320        

      (9)  "PAYOR" MEANS ANY PERSON OR ENTITY THAT DISTRIBUTES     5,323        

INCOME TO AN OBLIGOR INCLUDING, THE OBLIGOR, IF THE OBLIGOR IS     5,324        

SELF-EMPLOYED; AN EMPLOYER; AN EMPLOYER THAT IS PAYING THE         5,325        

OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC EMPLOYEES     5,326        

RETIREMENT BOARD; THE GOVERNING ENTITY OF ANY MUNICIPAL            5,327        

RETIREMENT SYSTEM; THE BOARD OF TRUSTEES OF THE POLICE AND         5,328        

FIREMEN'S DISABILITY AND PENSION FUND; THE STATE TEACHERS          5,329        

RETIREMENT BOARD; THE SCHOOL EMPLOYEES RETIREMENT BOARD; THE       5,330        

STATE HIGHWAY PATROL RETIREMENT BOARD; A PERSON PAYING OR          5,331        

OTHERWISE DISTRIBUTING AN OBLIGOR'S INCOME; THE BUREAU OF          5,332        

WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY, EXCEPT THE   5,333        

BUREAU OF EMPLOYMENT SERVICES WITH RESPECT TO UNEMPLOYMENT         5,334        

COMPENSATION BENEFITS PAID PURSUANT TO CHAPTER 4141. OF THE        5,336        

REVISED CODE.                                                                   

      (10)  "INCOME" MEANS ANY FORM OF MONETARY PAYMENT            5,338        

INCLUDING, PERSONAL EARNINGS; UNEMPLOYMENT COMPENSATION BENEFITS   5,339        

TO THE EXTENT PERMITTED BY, AND IN ACCORDANCE WITH, SECTION        5,341        

2301.371 OF THE REVISED CODE, DIVISION (D)(4) OF SECTION 4141.28   5,343        

OF THE REVISED CODE, AND FEDERAL LAW GOVERNING THE BUREAU OF       5,344        

EMPLOYMENT SERVICES; WORKERS' COMPENSATION PAYMENTS; PENSIONS;     5,345        

ANNUITIES; ALLOWANCES; RETIREMENT BENEFITS; DISABILITY OR SICK     5,347        

PAY; INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, STATE, OR  5,348        

LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE BENEFITS CAN BE   5,349        

WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE BENEFITS; ANY     5,350        

FORM OF TRUST FUND OR ENDOWMENT; LUMP-SUM PAYMENTS; AND ANY OTHER  5,351        

                                                          124    

                                                                 
MONETARY PAYMENTS.                                                              

      (B)  A man who is presumed to be the natural father of a     5,354        

child pursuant to section 3111.03 of the Revised Code assumes the  5,355        

parental duty of support with respect to the child.                5,356        

      (C)  Notwithstanding section 3109.01 of the Revised Code, a  5,358        

parent's duty of support for a child shall continue beyond the     5,359        

age of majority as long as the child continuously attends on a     5,360        

full-time basis any recognized and accredited high school OR THE   5,362        

CHILD HAS A DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION         5,363        

5123.01 OF THE REVISED CODE.  EXCEPT IN CASES IN WHICH THE CHILD   5,365        

HAS A DEVELOPMENTAL DISABILITY, THE DUTY DOES NOT CONTINUE AFTER   5,366        

THE CHILD REACHES AGE NINETEEN.  The parental duty of support      5,367        

shall continue during seasonal vacations.                          5,368        

      A parent, guardian, or legal custodian of a child, the       5,370        

person with whom the child resides, or the child support           5,371        

enforcement agency of the county in which the child, parent,       5,372        

guardian, or legal custodian of the child resides may file a       5,374        

complaint pursuant to section 2151.231 of the Revised Code in the  5,375        

juvenile court of that county requesting the court to order a      5,376        

parent who neglects or does not assume the parental duty of        5,377        

support to pay an amount for the support of the child and to       5,378        

provide for the health care needs of the child AND TO PROVIDE FOR  5,379        

THE HEALTH CARE NEEDS OF THE CHILD, may contact a child support    5,380        

enforcement agency for assistance in obtaining the order, or may   5,381        

request an administrative officer of a child support enforcement   5,382        

agency to issue an administrative order for the payment of child   5,383        

support AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD       5,384        

pursuant to division (D) of this section.  Upon the filing of the  5,386        

complaint or the making of the request, the court shall issue an   5,387        

order requiring the payment of support for the child AND           5,388        

PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD, pursuant to                   

section 2151.231 of the Revised Code, or the administrative        5,390        

officer, pursuant to division (D) of this section, shall issue an  5,391        

order requiring the payment of support for the child AND                        

                                                          125    

                                                                 
PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD.                  5,392        

      A party to a request made under this division may raise the  5,394        

issue of the existence or nonexistence of a parent-child           5,395        

relationship between the presumed natural father and the child     5,396        

UNLESS THE PRESUMPTION IS BASED ON ACKNOWLEDGMENT OF PATERNITY     5,397        

THAT HAS BECOME FINAL PURSUANT TO SECTION 2151.232, 3111.211, OR   5,398        

5101.314 OF THE REVISED CODE.  If a request is made for an                      

administrative order of PROVIDING FOR support AND HEALTH CARE      5,400        

NEEDS pursuant to division (D) of this section and the issue of    5,401        

the existence or nonexistence of a parent-child relationship is    5,402        

raised, the administrative officer shall treat the request as a    5,403        

request made pursuant to section 3111.22 of the Revised Code and   5,404        

determine the issue pursuant to that section.  The administrative  5,406        

officer may issue an order pursuant to division (D) of this        5,407        

section if the administrative proceeding terminates before a                    

determination of the existence or nonexistence of a parent-child   5,408        

relationship is made and the termination is due to the presumed    5,410        

natural father's failure to sign an acknowledgment of paternity,   5,411        

sign an agreement to be bound by the results of genetic testing,   5,413        

or appear at the administrative hearing without showing good       5,414        

cause for the failure to appear, or the proceedings terminate      5,415        

because of the presumed natural father's failure to submit to      5,417        

genetic testing or submit the child to genetic testing.  An        5,418        

administrative order issued pursuant to division (D) of this       5,420        

section does not preclude a party from requesting a determination  5,421        

of the issue of the existence or nonexistence of a parent-child    5,422        

PARENT AND CHILD relationship pursuant to this chapter if the      5,423        

issue is WAS not determined with respect to the party in the       5,425        

proceedings conducted pursuant to division (D) of this section OR  5,426        

PURSUANT TO AN ACKNOWLEDGMENT OF PATERNITY THAT HAS BECOME FINAL   5,427        

UNDER SECTION 2151.232, 3111.211, OR 5101.314 OF THE REVISED                    

CODE.  An order issued pursuant to division (D) of this section    5,429        

shall remain effective until a final and enforceable               5,430        

determination is made pursuant to this chapter that a                           

                                                          126    

                                                                 
parent-child relationship does not exist between the presumed      5,431        

natural father and the child or until the occurrence of an event   5,432        

described in division (E)(4)(a) of section 3111.23 of the Revised  5,433        

Code that requires the order to be terminated.                     5,434        

      (D)  If a request is made pursuant to division (C) of this   5,436        

section OR DIVISION (A) OF SECTION 3111.211 OF THE REVISED CODE    5,437        

for an administrative order requiring the payment of child         5,439        

support AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD, the               

administrative officer shall schedule an administrative hearing    5,441        

to determine, in accordance with sections 3111.23 to 3111.29 and   5,442        

3113.215 of the Revised Code, the amount of child support either   5,443        

parent is required to pay and, the method of paying that child     5,445        

support, AND THE METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE.  5,446        

The hearing shall be held not later than sixty days after the      5,447        

issuance of the administrative order REQUEST IS MADE PURSUANT TO   5,448        

DIVISION (A) OF THIS SECTION OR DIVISION (A) OF SECTION 3111.211   5,449        

OF THE REVISED CODE nor earlier than thirty days after the         5,450        

officer gives the mother and father of the child notice of the     5,451        

action.  When an administrative officer issues an administrative   5,452        

order for the payment of support AND PROVISION FOR THE CHILD'S     5,453        

HEALTH CARE, all of the following apply:                           5,454        

      (1)  An THE administrative SUPPORT order for the payment of  5,457        

support ordinarily shall be for REQUIRE periodic payments OF       5,458        

SUPPORT that may vary in amount.  In, EXCEPT THAT, IF IT IS IN     5,460        

the best interest of the child, the administrative officer may     5,462        

order a lump sum payment or the purchase of an annuity in lieu of  5,463        

periodic payments of support.                                                   

      (2)  THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE      5,465        

PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN       5,466        

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              5,467        

      The administrative SUPPORT order for the payment of support  5,470        

shall include a notice stating that the mother or the father may   5,471        

object to the administrative order by bringing an action for the                

payment of support AND PROVISION FOR THE CHILD'S HEALTH CARE       5,472        

                                                          127    

                                                                 
under section 2151.321 of the Revised Code in the juvenile court   5,474        

of the county in which the child or the guardian or legal          5,475        

custodian of the child resides, that the action may be brought no  5,476        

later than thirty days after the date of the issuance of the       5,477        

administrative SUPPORT order requiring the payment of child        5,478        

support, and that, if neither the mother nor the father brings an  5,479        

action for the payment of support AND PROVISION FOR THE CHILD'S                 

HEALTH CARE within that thirty-day period, the administrative      5,481        

SUPPORT order requiring the payment of support is final and        5,483        

enforceable by a court and may be modified and enforced only AS    5,484        

PROVIDED in accordance with sections 3111.20 to 3111.28 and        5,485        

3113.21 to 3113.219 of the Revised Code.                           5,486        

      Sec. 3111.21.  IF THE NATURAL MOTHER AND ALLEGED FATHER OF   5,488        

A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT PREPARED     5,489        

PURSUANT TO SECTION 5101.324 OF THE REVISED CODE WITH RESPECT TO   5,492        

THAT CHILD AT A CHILD SUPPORT ENFORCEMENT AGENCY, THE AGENCY       5,493        

SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE ACKNOWLEDGMENT.      5,494        

THE AGENCY, ON THE REQUEST OF THE MOTHER AND FATHER, SHALL SEND A  5,495        

SIGNED AND NOTARIZED ACKNOWLEDGMENT OF PATERNITY TO THE DIVISION   5,496        

OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO   5,497        

SECTION 5101.314 OF THE REVISED CODE.  THE AGENCY SHALL SEND THE   5,500        

ACKNOWLEDGMENT NO LATER THAN TEN DAYS AFTER IT HAS BEEN SIGNED     5,501        

AND NOTARIZED.  IF THE AGENCY KNOWS A MAN IS PRESUMED UNDER        5,502        

SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE        5,503        

CHILD, THE AGENCY SHALL NOT NOTARIZE OR SEND AN ACKNOWLEDGMENT     5,504        

WITH RESPECT TO THE CHILD PURSUANT TO THIS SECTION.                5,505        

      Sec. 3111.211.  (A)  IF AN ACKNOWLEDGMENT HAS BEEN FILED     5,507        

AND ENTERED INTO THE BIRTH REGISTRY PURSUANT TO SECTION 5101.314   5,508        

OF THE REVISED CODE BUT HAS NOT YET BECOME FINAL, EITHER OF THE    5,510        

PERSONS WHO SIGNED THE ACKNOWLEDGMENT MAY REQUEST THAT AN          5,511        

ADMINISTRATIVE OFFICER OF A CHILD SUPPORT ENFORCEMENT AGENCY       5,512        

ISSUE AN ADMINISTRATIVE ORDER PURSUANT TO DIVISION (B) OF THIS     5,513        

SECTION FOR PAYMENT OF CHILD SUPPORT AND PROVIDING FOR THE HEALTH  5,514        

CARE NEEDS OF THE CHILD.                                                        

                                                          128    

                                                                 
      A PARTY TO A REQUEST MADE UNDER THIS SECTION MAY RAISE THE   5,516        

ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD       5,517        

RELATIONSHIP.  IF A REQUEST IS MADE PURSUANT TO THIS SECTION AND   5,518        

THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD   5,519        

RELATIONSHIP IS RAISED, THE ADMINISTRATIVE OFFICER SHALL TREAT     5,520        

THE REQUEST AS A REQUEST MADE PURSUANT TO SECTION 3111.22 OF THE   5,521        

REVISED CODE AND DETERMINE THE ISSUE IN ACCORDANCE WITH THAT       5,523        

SECTION.  THE ADMINISTRATIVE OFFICER SHALL PROMPTLY NOTIFY THE     5,524        

DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES      5,525        

THAT PROCEEDINGS ARE BEING CONDUCTED IN COMPLIANCE WITH SECTION    5,526        

3111.22 OF THE REVISED CODE.  ON RECEIPT OF THE NOTICE BY THE      5,527        

DIVISION, THE ACKNOWLEDGMENT OF PATERNITY SIGNED BY THE PARTIES    5,528        

AND FILED PURSUANT TO SECTION 5101.314 OF THE REVISED CODE SHALL   5,530        

BE CONSIDERED RESCINDED.                                                        

      IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR    5,532        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO THE    5,533        

REQUEST MADE UNDER THIS SECTION AND AN ADMINISTRATIVE ORDER IS     5,535        

ISSUED PURSUANT TO DIVISION (B) OF THIS SECTION PRIOR TO THE DATE  5,536        

THE ACKNOWLEDGMENT FILED AND ENTERED ON THE BIRTH REGISTRY UNDER   5,537        

SECTION 5101.314 OF THE REVISED CODE BECOMES FINAL, THE            5,539        

ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF THE DATE OF THE     5,540        

ISSUANCE OF THE ORDER.  AN ADMINISTRATIVE ORDER ISSUED PURSUANT    5,541        

TO DIVISION (B) OF THIS SECTION SHALL NOT AFFECT AN                5,542        

ACKNOWLEDGMENT THAT BECOMES FINAL PURSUANT TO SECTION 5101.314 OF  5,543        

THE REVISED CODE PRIOR TO THE ISSUANCE OF THE ORDER.               5,545        

      (B)  IF A REQUEST IS MADE PURSUANT TO DIVISION (A) OF THIS   5,548        

SECTION FOR AN ADMINISTRATIVE ORDER REQUIRING THE PAYMENT OF       5,549        

CHILD SUPPORT AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE       5,550        

CHILD, THE ADMINISTRATIVE OFFICER SHALL COMPLY WITH THE            5,551        

REQUIREMENTS OF DIVISION (D) OF SECTION 3111.20 OF THE REVISED     5,553        

CODE AND SHALL ISSUE A SUPPORT ORDER IN ACCORDANCE WITH THAT       5,554        

DIVISION.                                                                       

      Sec. 3111.22.  (A)(1)  Except as otherwise provided in       5,563        

division (A)(2) of this section, no person may bring an action     5,564        

                                                          129    

                                                                 
under sections 3111.01 to 3111.19 of the Revised Code before       5,565        

requesting an administrative determination of the existence or     5,566        

nonexistence of a parent and child relationship from the child     5,567        

support enforcement agency of the county in which the child or     5,568        

the guardian or legal custodian of the child resides.              5,569        

      (2)  If the alleged father of a child is deceased and        5,571        

proceedings for the probate of the estate of the alleged father    5,572        

have been or can be commenced, the court with jurisdiction over    5,573        

the probate proceedings shall retain jurisdiction to determine     5,574        

the existence or nonexistence of a parent and child relationship   5,575        

between the alleged father and any child without an                5,576        

administrative determination being requested from a child support  5,577        

enforcement agency.  If an action for divorce, dissolution of      5,578        

marriage, or legal separation, or an action under section          5,579        

2151.231 of the Revised Code requesting an order requiring the     5,580        

payment of child support AND PROVISION FOR THE HEALTH CARE OF A    5,581        

CHILD, has been filed in a court of common pleas and a question    5,583        

as to the existence or nonexistence of a parent and child          5,584        

relationship arises, the court in which the original action was    5,585        

filed shall retain jurisdiction to determine the existence or      5,586        

nonexistence of the parent and child relationship without an       5,587        

administrative determination being requested from a child support  5,588        

enforcement agency.  If a juvenile court issues a support order    5,589        

under section 2151.231 of the Revised Code relying on a            5,590        

presumption under section 3111.03 of the Revised Code, the         5,591        

juvenile court that issued the support order shall retain          5,593        

jurisdiction if a question as to the existence of a parent and     5,594        

child relationship arises.                                                      

      (B)  Except as provided in division (A)(2) of this section,  5,596        

before a person brings an action pursuant to sections 3111.01 to   5,597        

3111.19 of the Revised Code to determine the existence or          5,598        

nonexistence of a parent and child relationship, the person shall  5,600        

request the child support enforcement agency of the county in      5,601        

which the child or the guardian or legal custodian of the child    5,602        

                                                          130    

                                                                 
resides to determine the existence or nonexistence of a parent     5,603        

and child relationship between the alleged father and the child.   5,604        

If more than one agency receives a request pursuant to this        5,605        

section, the agency that receives the request first shall proceed  5,606        

with the request.  The request shall contain all of the following  5,607        

information:                                                       5,608        

      (1)  The name, birthdate, and current address of the         5,610        

alleged father of the child;                                       5,611        

      (2)  The name, social security number, and current address   5,613        

of the mother of the child;                                        5,614        

      (3)  The name and last known address of the alleged father   5,616        

of the child;                                                      5,617        

      (4)  THE NAME AND BIRTHDATE OF THE CHILD.                    5,619        

      (C)(1)  Upon receiving a request for a determination of the  5,621        

existence or nonexistence of a parent and child relationship in    5,622        

accordance with division (B) of this section, the agency shall     5,623        

schedule a hearing before an administrative officer to determine   5,624        

whether the natural mother and the alleged natural father would    5,625        

voluntarily sign an acknowledgment of paternity or agree to be     5,626        

bound to the results of genetic testing.  The hearing shall be     5,627        

held no later than sixty days after the date on which the request  5,628        

was received and no earlier than thirty days after the date the    5,629        

agency provides notice of the hearing to the mother and the        5,630        

alleged father ASSIGN AN ADMINISTRATIVE OFFICER TO CONSIDER THE    5,631        

REQUEST.  THE ADMINISTRATIVE OFFICER SHALL ISSUE AN ORDER          5,633        

REQUIRING THE CHILD, THE MOTHER, AND THE ALLEGED FATHER TO SUBMIT  5,634        

TO GENETIC TESTING.  IN THE ORDER, THE AGENCY SHALL SCHEDULE THE   5,635        

GENETIC TESTS FOR THE MOTHER, ALLEGED FATHER, AND CHILD ON A DATE  5,636        

THAT IS NO LATER THAN FORTY-FIVE DAYS AFTER THE ORDER IS ISSUED    5,637        

AND SHALL REQUIRE THE TESTS TO BE CONDUCTED IN ACCORDANCE WITH     5,638        

THE RULES ADOPTED BY THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO  5,639        

SECTION 2301.35 OF THE REVISED CODE.                               5,640        

      After scheduling the hearing, the THE agency shall give      5,642        

ATTACH A notice TO THE ORDER AND SEND BOTH in accordance with the  5,644        

                                                          131    

                                                                 
Rules of Civil Procedure to the mother and the alleged father      5,646        

stating.  THE NOTICE SHALL STATE all of the following:             5,647        

      (a)  That the agency has been requested to determine the     5,649        

existence of a parent and child relationship between a child and   5,650        

the alleged named father;                                          5,651        

      (b)  The name and birthdate of the child of which the man    5,653        

is alleged to be the natural father;                               5,654        

      (c)  The name of the mother and the alleged natural father;  5,656        

      (d)  The rights and responsibilities of a parent;            5,658        

      (e)  That the person served with notice must appear at the   5,660        

administrative hearing at the date, time, and location set forth   5,661        

in the notice, that all interested persons will have the           5,662        

opportunity to produce evidence proving or disproving the          5,663        

allegation, and that the child, the mother, and the alleged        5,664        

father may be required to MUST submit to genetic testing at the    5,665        

DATE, time of the hearing, AND PLACE DETERMINED BY THE AGENCY IN   5,667        

THE ORDER ISSUED PURSUANT TO DIVISION (C)(1) OF THIS SECTION;      5,668        

      (f)  That any person served with notice has the right to     5,670        

bring legal counsel to the THE administrative hearing PROCEDURE    5,672        

FOR DETERMINING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP;  5,673        

      (g)  THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY  5,675        

FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER,         5,676        

NATURAL MOTHER, OR THE CUSTODIAN OF THE CHILD WILLFULLY FAILS TO   5,677        

SUBMIT THE CHILD TO GENETIC TESTING, THE AGENCY SHALL ISSUE AN     5,678        

ORDER THAT IT IS INCONCLUSIVE WHETHER THE ALLEGED FATHER IS THE    5,679        

CHILD'S NATURAL FATHER;                                            5,680        

      (h)  THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY  5,683        

FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER,         5,684        

NATURAL MOTHER, OR CUSTODIAN OF THE CHILD WILLFULLY FAILS TO       5,685        

SUBMIT THE CHILD TO GENETIC TESTING, THEY MAY BE FOUND IN          5,686        

CONTEMPT OF COURT.                                                              

      (2)  If both the mother and the alleged father attend the    5,688        

hearing scheduled under division (C)(1) of this section, the       5,689        

administrative officer shall do both of the following:             5,690        

                                                          132    

                                                                 
      (a)  Explain the allegation, the administrative procedure    5,692        

for determining the existence of a parent and child relationship,  5,693        

and the rights and responsibilities of a parent to a child;        5,694        

      (b)  Explain that the mother and the alleged father have     5,696        

the right to not dispute the allegation and sign an                5,697        

acknowledgment of paternity acknowledging that the child is the    5,698        

child of the alleged father and agree that the father will assume  5,699        

the parental duty of support.                                      5,700        

      (3)  If both the mother and the alleged father sign an       5,702        

acknowledgment of paternity, the administrative officer shall      5,703        

issue an administrative order that the alleged father is the       5,704        

father of the child who is the subject of the proceeding.  The     5,705        

order shall include any information that the department requires   5,706        

pursuant to section 2301.35 of the Revised Code and shall include  5,707        

a statement that the mother and father may object to the           5,708        

determination by bringing an action under sections 3111.01 to      5,709        

3111.19 of the Revised Code within thirty days after the date the  5,710        

administrative officer issued the administrative order             5,711        

determining the existence of a parent and child relationship       5,712        

between the alleged natural father and the child.                  5,713        

      (4)  If an administrative officer issues an administrative   5,715        

order determining the existence of a parent and child              5,716        

relationship pursuant to division (C)(3) of this section or if an  5,717        

acknowledgment of paternity is filed pursuant to section 2105.18   5,718        

of the Revised Code and one of the parents named on the            5,719        

acknowledgment of paternity requests an administrative officer to  5,720        

issue an administrative order requiring the payment of child       5,721        

support, the administrative officer shall schedule an              5,722        

administrative hearing to determine, in accordance with sections   5,723        

3111.23 to 3111.29 and 3113.215 of the Revised Code, the amount    5,725        

of child support any parent is required to pay and the method of   5,726        

payment of the child support.  The hearing shall be held no later  5,727        

than sixty days after the date of the issuance of the order and    5,728        

no earlier than thirty days after the date the agency gives the    5,729        

                                                          133    

                                                                 
mother and the father notice of the administrative hearing.  When  5,730        

an administrative officer issues an administrative order for the   5,731        

payment of support, all of the following apply:                    5,732        

      (a)  An administrative order for the payment of support      5,734        

ordinarily shall be for periodic payments that may vary in         5,735        

amount.  In the best interest of the child, the administrative     5,736        

officer may order a lump sum payment or the purchase of an         5,737        

annuity in lieu of periodic payments of support.                   5,738        

      (b)  The administrative order for the payment of support     5,740        

shall include a notice stating that the mother or the father may   5,741        

object to an administrative order by bringing an action for the    5,742        

payment of support under section 2151.231 of the Revised Code in   5,743        

the juvenile court of the county in which the child or the         5,744        

guardian or legal custodian of the child resides, that the action  5,745        

may be brought no later than thirty days after the date of the     5,746        

issuance of the administrative order requiring the payment of      5,747        

child support, and that, if neither the mother nor the father      5,748        

brings an action for the payment of support within that            5,749        

thirty-day period, the administrative order requiring the payment  5,750        

of support is final and enforceable by a court and may be          5,751        

modified and enforced only in accordance with sections 3111.20 to  5,753        

3111.28 and 3113.21 to 3113.219 of the Revised Code.               5,754        

      (5)(a)  If both the mother and the alleged father attend     5,756        

the administrative hearing scheduled under division (C)(1) of      5,757        

this section but do not sign an acknowledgment of paternity, the   5,758        

administrative officer shall explain to the mother and the father  5,759        

that they have the right to agree to be bound by the results of    5,760        

genetic testing, that, if they agree to be bound by genetic        5,761        

testing and the results show a ninety-five per cent or greater     5,762        

probability that the alleged father is the natural father of the   5,763        

child, the administrative officer will issue an administrative     5,764        

order that the alleged father is the father of the child, that,    5,765        

if the results of the genetic testing show a less than             5,766        

ninety-five per cent probability that the alleged father is the    5,767        

                                                          134    

                                                                 
natural father of the child but do not exclude the alleged father  5,768        

as the natural father of the child, the administrative officer     5,769        

will issue an administrative order stating that it is              5,770        

inconclusive whether the alleged father is the natural father of   5,771        

the child, and that if the results show that the alleged father    5,772        

is excluded as the natural father of the child, the                5,773        

administrative officer will issue an administrative order that     5,774        

the alleged father is not the father of the child.                 5,775        

      (b)  If both the mother and the alleged father sign a        5,777        

voluntary agreement to genetic testing stating that they agree to  5,778        

be bound by the results of genetic testing performed by an         5,779        

examiner authorized by the department of human services and that   5,780        

they waive any right to a jury trial, the administrative officer   5,781        

shall schedule a date and time for the mother, the child, and the  5,782        

alleged father to submit to genetic testing in accordance with     5,783        

the rules adopted by the department of human services pursuant to  5,784        

section 2301.35 of the Revised Code.  If the natural mother and    5,785        

the alleged father both sign a voluntary agreement to genetic      5,786        

testing, all THE GENETIC TESTING SHALL BE CONDUCTED BY A           5,789        

QUALIFIED EXAMINER AUTHORIZED BY THE DEPARTMENT OF HUMAN           5,790        

SERVICES.  ON COMPLETION OF THE GENETIC TESTS, THE EXAMINER SHALL  5,791        

SEND A COMPLETE REPORT OF THE TEST RESULTS TO THE AGENCY.  THE     5,792        

ADMINISTRATIVE OFFICER SHALL DO ONE of the following apply:        5,793        

      (i)(a)  If the results of the genetic testing show a         5,795        

ninety-five NINETY-NINE per cent or greater probability that the   5,796        

alleged father is the natural father of the child, the             5,798        

administrative officer of the agency shall issue an                5,799        

administrative order that the alleged father is the father of the  5,800        

child who is the subject of the proceeding.                        5,801        

      (ii)(b)  If the results of genetic testing show less than a  5,803        

ninety-five NINETY-NINE per cent probability that the alleged      5,804        

father is the natural father of the child but do not exclude the   5,806        

alleged father from being the natural father of the child, the     5,807        

administrative officer shall issue an administrative order         5,808        

                                                          135    

                                                                 
stating that it is inconclusive whether the alleged father is the  5,809        

natural father of the child.                                       5,810        

      (iii)(c)  If the results of the genetic testing exclude the  5,812        

alleged father from being the natural father of the child, the     5,813        

administrative officer shall issue an administrative order that    5,814        

the alleged father is not the father of the child who is the       5,815        

subject of the proceeding.                                         5,816        

      (iv)  AN ADMINISTRATIVE OFFICER SHALL INCLUDE WITH ANY       5,818        

ORDER THE OFFICER ISSUES PURSUANT TO DIVISION (C)(2)(a) OR (c) OF  5,821        

THIS SECTION A NOTICE THAT CONTAINS THE INFORMATION DESCRIBED IN                

DIVISION (D) OF THIS SECTION INFORMING THE MOTHER, FATHER, AND     5,822        

THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD OF THE RIGHT TO       5,823        

OBJECT TO THE ORDER.                                               5,824        

      (D)  When an administrative officer issues an                5,826        

administrative order determining the existence or nonexistence of  5,827        

a parent and child relationship pursuant to DIVISION (C)(2)(a) OR  5,829        

(c) OF this section, the officer shall include in the              5,831        

administrative order a notice that both the mother and the,        5,833        

alleged father, AND THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD   5,834        

may object to the determination by bringing, within thirty days    5,835        

after the date the administrative officer issued the order, an     5,836        

action under sections 3111.01 to 3111.19 of the Revised Code in    5,837        

the juvenile court in the county in which the alleged father, the  5,838        

mother, the child, or the guardian or custodian of the child       5,839        

resides and that if neither brings AGENCY THAT EMPLOYS THE         5,840        

ADMINISTRATIVE OFFICER IS LOCATED.  IF THE MOTHER, ALLEGED         5,841        

FATHER, OR GUARDIAN OR LEGAL CUSTODIAN DOES NOT BRING an action    5,842        

within that thirty-day period, the administrative order is final   5,843        

and enforceable by a court AND MAY NOT BE CHALLENGED IN AN ACTION  5,844        

OR PROCEEDING UNDER CHAPTER 3111. OF THE REVISED CODE.                          

      (c)(E)(1)  If an administrative officer issues an            5,846        

administrative order determining the existence of a parent and     5,848        

child relationship between the alleged father and the child        5,849        

PURSUANT TO DIVISION (C)(2)(a) OF THIS SECTION, the                5,850        

                                                          136    

                                                                 
administrative officer shall schedule an administrative hearing    5,851        

to determine, in accordance with sections 3111.23 to 3111.29 and   5,853        

3113.215 of the Revised Code, the amount of child support any                   

parent is required to pay and, the method of payment of child      5,854        

support, AND THE METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE.  5,856        

The hearing shall be held no later than sixty days after the date  5,857        

of the issuance of the order and no earlier than thirty days       5,858        

after the date the administrative officer gives the mother and     5,859        

the father notice of the administrative hearing.  WHEN AN                       

ADMINISTRATIVE OFFICER ISSUES AN ADMINISTRATIVE ORDER FOR THE      5,861        

PAYMENT OF SUPPORT AND PROVISION FOR THE CHILD'S HEALTH CARE, ALL  5,862        

OF THE FOLLOWING APPLY:                                                         

      (a)  THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE          5,864        

PERIODIC PAYMENTS OF SUPPORT THAT MAY VARY IN AMOUNT, EXCEPT       5,865        

THAT, IF IT IS IN THE BEST INTEREST OF THE CHILD, THE              5,866        

ADMINISTRATIVE OFFICER MAY ORDER A LUMP-SUM PAYMENT OR THE         5,867        

PURCHASE OF AN ANNUITY IN LIEU OF PERIODIC PAYMENTS OF SUPPORT.    5,869        

      (b)  THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE      5,872        

PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN                    

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              5,875        

      (c)  THE ADMINISTRATIVE SUPPORT ORDER SHALL INCLUDE A        5,878        

NOTICE INFORMING THE MOTHER, FATHER, AND THE LEGAL GUARDIAN OR                  

CUSTODIAN OF THE CHILD OF THE RIGHT TO OBJECT TO THE ORDER AND     5,880        

CONTAINING THE INFORMATION DESCRIBED IN DIVISION (E)(2) OF THIS    5,881        

SECTION.                                                           5,882        

      (d)(2)  The mother or the, father, OR THE LEGAL GUARDIAN OR  5,885        

CUSTODIAN OF THE CHILD may object to the administrative order by   5,886        

bringing an action for the payment of support AND PROVISION FOR    5,887        

THE CHILD'S HEALTH CARE under section 2151.231 of the Revised      5,888        

Code in the juvenile court of the county in which the child or     5,889        

the guardian or legal custodian of the child resides AGENCY THAT   5,890        

EMPLOYS THE ADMINISTRATIVE OFFICER IS LOCATED.  The action shall   5,891        

be brought no later than thirty days after the date of the         5,892        

issuance of the administrative SUPPORT order requiring the         5,893        

                                                          137    

                                                                 
payment of child support.  If neither the mother nor the father    5,894        

brings an action for the payment of support AND PROVISION FOR THE  5,895        

CHILD'S HEALTH CARE within that thirty-day period, the             5,896        

administrative SUPPORT order requiring the payment of support is   5,897        

final and enforceable by a court and may be modified and enforced  5,898        

only AS PROVIDED in accordance with sections 3111.20 to 3111.28    5,899        

and 3113.21 to 3113.219 of the Revised Code.                       5,900        

      (e)(F)  If the alleged natural father or the natural mother  5,903        

willfully fails to submit to genetic testing or if either parent                

or any other person who is the custodian of the child willfully    5,904        

fails to submit the child to genetic testing, the agency shall     5,905        

enter an administrative order stating that it is inconclusive as   5,906        

to whether the alleged natural father is the natural father of     5,907        

the child and shall provide A notice to the parties INFORMING      5,908        

THEM that an action may be brought under sections 3111.01 to       5,910        

3111.19 of the Revised Code to establish a parent and child        5,911        

relationship.                                                                   

      (6)  If the mother and the alleged father both do not sign   5,913        

an acknowledgment of paternity or an agreement to be bound by the  5,914        

results of genetic testing or if either the mother or the natural  5,915        

father does not appear at the administrative hearing and does not  5,916        

show good cause why he or she did not appear at the                5,917        

administrative hearing, the agency shall deny and dismiss the      5,918        

request for an administrative determination of the existence or    5,919        

nonexistence of a parent and child relationship and inform the     5,920        

mother and the alleged father that they may bring an action under  5,921        

sections 3111.01 to 3111.19 of the Revised Code to determine the   5,922        

existence of a parent and child relationship.                      5,923        

      (D)(1)  The guardian or legal custodian of a child may       5,925        

object to an administrative officer's determination of the         5,926        

existence or nonexistence of a parent and child relationship by    5,927        

bringing an action under sections 3111.01 to 3111.19 of the        5,928        

Revised Code in the juvenile court of the county in which the      5,929        

child, the mother, or the alleged father resides or is found to    5,930        

                                                          138    

                                                                 
determine the existence or nonexistence of a parent and child      5,931        

relationship.  The action shall be brought no later than thirty    5,932        

days after the date of the issuance of the administrative order    5,933        

determining the existence or nonexistence of a parent and child    5,934        

relationship.  If neither the mother nor the alleged father files  5,935        

an action under sections 3111.01 to 3111.19 of the Revised Code    5,936        

in the juvenile court within the thirty-day period, the            5,937        

administrative order determining a parent and child relationship   5,938        

is final and enforceable by a court.                               5,939        

      (2)  The mother or the father of a child may object to an    5,941        

administrative officer's administrative order for the payment of   5,942        

support by bringing an action for the payment of support under     5,943        

section 2151.231 of the Revised Code in the juvenile court of the  5,944        

county in which the child or the guardian or legal custodian of    5,945        

the child resides.  The action shall be brought no later than      5,946        

thirty days after the date the administrative officer issued the   5,947        

administrative order requiring the payment of child support.  If   5,948        

neither the mother nor the alleged father files an action for the  5,949        

payment of support in the juvenile court within the thirty-day     5,950        

period, the administrative order requiring the payment of support  5,951        

is final and enforceable by a court and may be modified and        5,952        

enforced only in accordance with sections 3111.20 to 3111.28 and   5,953        

3113.21 to 3113.219 of the Revised Code.                           5,954        

      (G)  ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE   5,956        

EXISTENCE OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE     5,957        

FULL NAMES, ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER   5,958        

AND FATHER OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE       5,959        

CHILD.  THE AGENCY, AS PART OF AN ORDER DETERMINING THE EXISTENCE  5,961        

OF A PARENT AND CHILD RELATIONSHIP ISSUED PURSUANT TO THIS         5,962        

SECTION, MAY ORDER THE SURNAME OF THE CHILD SUBJECT TO THE         5,963        

DETERMINATION TO BE CHANGED AND ORDER THE CHANGE TO BE MADE ON     5,964        

THE CHILD'S BIRTH RECORD CONSISTENT WITH THE ORDER IF THE PARTIES  5,966        

AGREE TO THE CHANGE.                                                            

      (H)  AN ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO      5,969        

                                                          139    

                                                                 
SECTION 3111.21 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE    5,972        

OF THIS AMENDMENT THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS  5,973        

AMENDMENT SHALL REMAIN IN EFFECT ON AND AFTER THE EFFECTIVE DATE   5,974        

OF THE AMENDMENT AND SHALL BE CONSIDERED AN ADMINISTRATIVE                      

SUPPORT ORDER ISSUED PURSUANT TO THIS SECTION FOR ALL PURPOSES.    5,976        

      (I)  AS USED IN THIS SECTION, "BIRTH RECORD" HAS THE SAME    5,978        

MEANING AS IN SECTION 3705.01 OF THE REVISED CODE.                 5,979        

      Sec. 3111.221.  AS USED IN THIS SECTION, "BIRTH RECORD" HAS  5,981        

THE SAME MEANING AS IN SECTION 3705.01 OF THE REVISED CODE.        5,982        

      IF AN ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OR      5,984        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP INCLUDES A         5,985        

FINDING THAT THE CHILD'S FATHER IS A MAN OTHER THAN THE MAN NAMED  5,986        

IN THE CHILD'S BIRTH RECORD AS THE FATHER OR IS OTHERWISE AT       5,987        

VARIANCE WITH THE CHILD'S BIRTH RECORD, THE AGENCY THAT MADE THE   5,988        

DETERMINATION SHALL NOTIFY THE DEPARTMENT OF HEALTH OF THE         5,989        

DETERMINATION AS SOON AS ANY PERIOD FOR OBJECTION TO THE                        

DETERMINATION PROVIDED FOR IN FORMER SECTION 3111.21 OR SECTION    5,990        

3111.22 OF THE REVISED CODE HAS ELAPSED.                                        

      ON RECEIPT OF NOTICE UNDER THIS SECTION OR NOTICE FROM AN    5,992        

AGENCY OF ANOTHER STATE WITH AUTHORITY TO MAKE PATERNITY           5,993        

DETERMINATIONS THAT HAS MADE A DETERMINATION OF THE EXISTENCE OR   5,994        

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, THE DEPARTMENT    5,995        

OF HEALTH SHALL, IN ACCORDANCE WITH SECTION 3705.09 OF THE         5,996        

REVISED CODE, PREPARE A NEW BIRTH RECORD CONSISTENT WITH THE       5,997        

AGENCY'S DETERMINATION AND SUBSTITUTE THE NEW RECORD FOR THE       5,998        

ORIGINAL BIRTH RECORD.                                                          

      Sec. 3111.23.  (A)(1)  If an administrative officer of a     6,007        

child support enforcement agency issues an administrative support  6,008        

order under section 3111.20, 3111.21 3111.211, or 3111.22 of the   6,010        

Revised Code, the agency shall require the withholding or          6,012        

deduction of an amount of the wages INCOME or assets of the        6,013        

obligor in accordance with division (B) of this section OR                      

REQUIRE THE ISSUANCE OF AN ORDER IN ACCORDANCE WITH SECTION        6,014        

3111.231 OF THE REVISED CODE to ensure that withholding or         6,016        

                                                          140    

                                                                 
deduction from the wages INCOME or assets of the obligor is        6,017        

available from the commencement of the administrative support      6,018        

order for the collection of the support and any arrearages that    6,019        

occur.  The agency shall determine the specific withholding or     6,020        

deduction requirements OR OTHER REQUIREMENT applicable to the      6,021        

obligor under the administrative support order in accordance with               

division (B) of this section AND SECTION 3111.231 OF THE REVISED   6,022        

CODE and shall include the specific requirements in the notices    6,023        

described in divisions (A)(2) and (B) of this section OR IN AN     6,025        

ORDER DESCRIBED UNDER SECTION 3111.231 OF THE REVISED CODE.  Any   6,026        

person required to comply with the withholding or deduction        6,027        

requirements shall determine the manner of withholding or          6,028        

deducting an amount of the wages INCOME or assets of the obligor   6,029        

in accordance with the specific requirements included in the       6,030        

notices described in those divisions without the need for any      6,031        

amendment to the administrative support order.  ANY PERSON                      

REQUIRED TO COMPLY WITH AN ORDER DESCRIBED IN SECTION 3111.231 OF  6,032        

THE REVISED CODE SHALL COMPLY WITHOUT THE NEED FOR ANY AMENDMENT   6,033        

TO THE ADMINISTRATIVE ORDER.  The agency shall include in an       6,034        

administrative support order under section 3111.20, 3111.21        6,035        

3111.211, or 3111.22 of the Revised Code a general provision that  6,036        

states the following:                                                           

      "All child support ordered by this administrative support    6,038        

order shall be withheld or deducted from the wages INCOME or       6,039        

assets of the obligor pursuant to a withholding or deduction       6,041        

notice issued in accordance with section 3111.23 of the Revised    6,043        

Code and shall be forwarded to the obligee in accordance with                   

sections 3111.23 to 3111.28 of the Revised Code."                  6,045        

      (2)  In any action in which support is ordered or modified   6,047        

under an administrative support order as described in division     6,048        

(A)(1) of this section, the child support enforcement agency       6,049        

shall determine in accordance with division (B) of this section    6,050        

OR SECTION 3111.231 OF THE REVISED CODE the types of withholding   6,051        

or deduction requirements OR OTHER REQUIREMENTS that should be     6,052        

                                                          141    

                                                                 
imposed relative to the obligor under the administrative support   6,053        

order to collect the support due under the order.  Within fifteen  6,054        

days after the obligor under the administrative support order is   6,055        

located subsequent to the issuance of the administrative support   6,056        

order or within fifteen days after the default under the           6,057        

administrative support order, whichever is applicable, the agency  6,058        

shall send a notice by regular mail to each person required to     6,059        

comply with a withholding or deduction requirement.  The notice    6,060        

shall specify the withholding or deduction requirement and shall   6,061        

contain all of the information set forth in division (B)(1)(b),    6,062        

OR (2)(b), (3)(b), (4)(b), or (5)(b) of this section that is       6,063        

applicable to the requirement.  The notices, plus the notices      6,064        

provided by the child support enforcement agency that require the  6,065        

obligor to notify the agency of any change in the obligor's        6,066        

employment status or of any other change in the status of the      6,067        

obligor's assets, are final and are enforceable by the court.      6,069        

The agency shall provide the notice to the obligor in accordance   6,070        

with division (B)(1)(c), OR (2)(c), (3)(c), (4)(c), or (5)(c) of   6,071        

this section, whichever is applicable, and shall include with      6,072        

that notice the additional notices described in the particular     6,073        

division that is applicable.                                                    

      (3)(a)  If support is ordered or modified on or after        6,075        

December 31, 1993, under an administrative support order issued    6,076        

under FORMER SECTION 3111.21 OR section 3111.20, 3111.21           6,078        

3111.211, or 3111.22 of the Revised Code, if the child support                  

enforcement agency has determined in accordance with division      6,080        

(A)(2) of this section the types of withholding or deduction       6,081        

requirements OR OTHER REQUIREMENTS that should be imposed                       

relative to the obligor under the support order to collect the     6,083        

support due under the order, if the agency has sent the            6,084        

appropriate WITHHOLDING OR DEDUCTION notices OR ISSUED AND SENT    6,085        

AN ORDER UNDER SECTION 3111.231 OF THE REVISED CODE to the         6,086        

persons required to comply with the withholding or deduction                    

requirements OR ORDER that the agency determined should be         6,087        

                                                          142    

                                                                 
imposed, and if the agency is notified or otherwise determines     6,088        

that the employment status or other circumstances of the obligor   6,089        

have changed, the agency shall conduct an investigation to         6,090        

determine whether it is more appropriate to impose another type    6,091        

of or an additional withholding or deduction requirement OR ORDER  6,092        

regarding the administrative support order and shall issue and     6,093        

send by regular mail one or more notices described in division     6,094        

(B) of this section OR AN ORDER PURSUANT TO SECTION 3111.231 OF    6,095        

THE REVISED CODE that it determines are appropriate.  THE AGENCY   6,096        

SHALL IMMEDIATELY CANCEL ANY PREVIOUSLY ISSUED NOTICE OR ORDER     6,097        

THAT NO LONGER IS APPROPRIATE AND SEND WRITTEN NOTICE OF THE       6,098        

CANCELLATION BY REGULAR MAIL TO THE PERSON REQUIRED TO COMPLY      6,099        

WITH THE PREVIOUSLY ISSUED NOTICE OR ORDER.  The notices shall be  6,100        

sent within fifteen days after the obligor under the               6,101        

administrative support order is located or within fifteen days     6,102        

after the default under the administrative support order,          6,103        

whichever is applicable.  The notices shall specify the            6,104        

withholding or deduction requirement and shall contain all of the  6,105        

information set forth in division (B)(1)(b), OR (2)(b), (3)(b),    6,107        

(4)(b), or (5)(b) of this section that is applicable.  The agency               

shall provide the notices to the obligor in accordance with        6,108        

division (B)(1)(c), OR (2)(c), (3)(c), (4)(c), or (5)(c) of this   6,110        

section, whichever is applicable, and shall include with that                   

notice the additional notices described in the particular          6,111        

division that is ARE applicable.  The notices are final and are    6,112        

enforceable by the court.                                          6,113        

      If the child support enforcement agency previously has       6,115        

issued one or more notices containing one or more of the           6,116        

requirements described in division (B) of this section and the     6,117        

agency determines that any of the requirements no longer are       6,118        

appropriate due to the change in the employment status or other    6,119        

circumstances of the obligor, the agency immediately shall cancel  6,120        

any previously issued notice that no longer is appropriate, shall  6,121        

send written notice of the cancellation by regular mail to the     6,122        

                                                          143    

                                                                 
person who was required to comply with the withholding or          6,123        

deduction requirement contained in the canceled notice, and shall  6,124        

issue one or more new notices containing one or more requirements  6,125        

described in division (B) of this section that it determines are   6,126        

appropriate.  The notices shall be sent within fifteen days after  6,127        

the obligor under the administrative support order is located or   6,128        

within fifteen days after the default under the administrative     6,129        

support order, whichever is applicable.                            6,130        

      (b)  If support has been ordered prior to December 31,       6,132        

1993, under an administrative support order issued under section   6,133        

3111.20, 3111.21, or 3111.22 of the Revised Code, if the           6,134        

administrative support order has not been modified on or after     6,136        

December 31, 1993, if the administrative support order includes a  6,137        

provision that is substantively comparable to the general          6,138        

provision described in division (A)(1) of this section that must   6,139        

be included in all administrative support orders issued or         6,140        

modified on or after December 31, 1993, and if the child support   6,141        

enforcement agency is notified or otherwise determines that the    6,142        

employment status or other circumstances of the obligor under the  6,143        

support order have changed so that it is appropriate to impose a   6,144        

withholding or deduction requirement as described in division (B)  6,145        

of this section to collect the support due under the order, the    6,146        

agency shall comply with division (A)(3)(a) of this section as if  6,147        

the administrative support order had been issued or modified on    6,148        

or after December 31, 1993, and as if it included the general      6,149        

provision described in division (A)(1) of that section that must   6,150        

be included in all administrative support orders issued or         6,151        

modified on or after that date.  The notices issued under this     6,152        

division are final and are enforceable by the court.               6,153        

      (c)  If support has been ordered ALL SUPPORT ORDERS ISSUED   6,155        

prior to December 31, 1993, under an administrative support order  6,156        

issued under FORMER SECTION 3111.21 OR section 3111.20, 3111.21,   6,157        

or 3111.22 of the Revised Code, if the administrative support      6,160        

order has THAT HAVE not been modified on or after December 31,     6,161        

                                                          144    

                                                                 
1993, if the administrative support order does not include a       6,162        

provision that is substantively comparable to the general          6,163        

provision described in division (A)(1) of this section that must   6,164        

be included in all administrative support orders issued or         6,165        

modified on or after December 31, 1993, and if the child support   6,166        

enforcement agency is notified or otherwise determines that the    6,167        

employment status or other circumstances of the obligor under the  6,168        

support order have changed so that it is appropriate to impose a   6,169        

withholding or deduction requirement as described in division (B)  6,170        

of this section to collect the support due under the order, the    6,171        

agency may reissue the administrative support order in question    6,172        

to be identical to the administrative support order except for a   6,173        

general provision, as described in division (A)(1) of this         6,174        

section, requiring the withholding or deduction of wages or        6,175        

assets of the obligor in accordance with division (B) of this      6,176        

section to ensure that withholding or deduction from the wages or  6,177        

assets is available for the collection of current support and any  6,178        

arrearages that occur.  Except for the inclusion of the general    6,179        

provision, the provisions of a reissued administrative support     6,180        

order under this division shall be identical to those of the       6,181        

administrative support order in question, and the child support    6,182        

enforcement agency shall issue one or more notices requiring       6,183        

withholding or deduction of wages or assets of the obligor in      6,184        

accordance with divisions (A)(2) and (B) of this section.          6,185        

Thereafter, division (A)(3)(a) of this section applies to the      6,186        

issuance of notices under those divisions with respect to that     6,187        

administrative support order.  The notices issued under this       6,189        

division are final and are enforceable by the court.  The general  6,190        

provision for the withholding or deduction of wages or assets to   6,191        

be included in the reissued administrative support order           6,192        

specifically shall include the statement set forth in division     6,193        

(A)(1) of this section OR FOUND IN DEFAULT ON OR AFTER THAT DATE   6,194        

SHALL BE CONSIDERED TO CONTAIN THE GENERAL PROVISION DESCRIBED IN  6,196        

DIVISION (A)(1) OF THIS SECTION AND SHALL BE ENFORCED AND          6,197        

                                                          145    

                                                                 
MODIFIED IN THE SAME MANNER AS AN ORDER FOR SUPPORT ISSUED ON OR   6,198        

AFTER DECEMBER 31, 1993.                                                        

      (4)  If, pursuant to division (A)(2) or (A)(3)(a), (b), or   6,200        

(c) of this section, a person is sent a WITHHOLDING OR DEDUCTION   6,201        

notice described in division (B) of this section requiring a       6,202        

withholding or deduction requirement OR AN ORDER ISSUED UNDER      6,203        

SECTION 3111.231 OF THE REVISED CODE and the person fails to       6,204        

comply with the notice OR ORDER, the child support enforcement     6,205        

agency, in accordance with section 3111.28 of the Revised Code,    6,206        

shall request the court to find the person in contempt pursuant    6,207        

to section 2705.02 of the Revised Code.                                         

      (5)  The department of human services shall adopt standard   6,209        

forms for the support withholding and deduction notices            6,210        

prescribed by divisions (A)(1) to (3) and (B) of this section.     6,211        

All child support enforcement agencies shall use the forms in      6,212        

complying with this section.                                       6,213        

      (B)  If a child support enforcement agency is required by    6,215        

division (A) of this section to issue one or more withholding or   6,216        

deduction notices described in this division, the agency shall     6,217        

issue one or more of the following types of notices to pay the     6,218        

support required under the administrative support order in         6,219        

question and to pay any arrearages:                                6,220        

      (1)(a)  If the child support enforcement agency determines   6,222        

that the obligor is employed RECEIVING INCOME FROM A PAYOR, the    6,223        

agency shall require the obligor's employer PAYOR to withhold      6,224        

from the obligor's personal earnings INCOME a specified amount     6,225        

for support in satisfaction of the administrative support order,   6,226        

to begin the withholding no later than the first pay period that   6,227        

occurs after fourteen working days following the date the notice   6,230        

was mailed to the employer PAYOR under divisions (A)(2) or (3)     6,231        

and (B)(1)(b) of this section, to send the amount withheld to the  6,232        

DIVISION OF child support enforcement agency designated for that   6,233        

county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to section     6,234        

2301.35 5101.325 of the Revised Code, to send that amount to the   6,235        

                                                          146    

                                                                 
agency DIVISION immediately but not later than ten SEVEN WORKING   6,236        

days after the date the obligor is paid, and to continue the       6,239        

withholding at intervals specified in the notice until further     6,240        

notice from the CHILD SUPPORT ENFORCEMENT agency.  To the extent   6,241        

possible, the amount specified in the notice to be withheld shall  6,242        

satisfy the amount ordered for support in the administrative       6,243        

support order plus any arrearages that may be owed by the obligor  6,244        

under any prior court or administrative support order that         6,245        

pertained to the same child or spouse, notwithstanding the         6,246        

limitations of sections 2329.66, 2329.70, 2716.02, and 2716.05 of  6,247        

the Revised Code.  However, in no case shall the sum of the        6,248        

amount specified in the notice to be withheld and any fee          6,249        

withheld by the employer PAYOR as a charge for its services        6,250        

exceed the maximum amount permitted under section 303(b) of the    6,251        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b).               6,252        

      (b)  If the agency imposes a withholding requirement under   6,254        

division (B)(1)(a) of this section, the agency, within the         6,255        

applicable period of time specified in division (A) of this        6,256        

section, shall send to the obligor's employer PAYOR by regular     6,257        

mail a notice that contains all of the information set forth in    6,259        

divisions (B)(1)(b)(i) to (xi) of this section.  The notice is     6,260        

final and is enforceable by the court.  The notice shall contain   6,261        

all of the following:                                              6,262        

      (i)  The amount to be withheld from the obligor's wages      6,264        

INCOME and a statement that the amount actually withheld for       6,265        

support and other purposes, including the fee described in         6,266        

division (B)(1)(b)(xi) of this section, shall not be in excess of  6,267        

the maximum amounts permitted under section 303(b) of the          6,268        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b);               6,269        

      (ii)  A statement that the employer PAYOR is required to     6,271        

send the amount withheld to the DIVISION OF child support          6,273        

enforcement agency immediately, but not later than ten SEVEN       6,274        

working days, after the obligor is paid by the employer and is     6,275        

required to report to the agency the date on which the amount was  6,277        

                                                          147    

                                                                 
withheld from the obligor's wages INCOME;                          6,278        

      (iii)  A statement that the withholding is binding upon the  6,280        

employer PAYOR until further notice from the agency;               6,281        

      (iv)  A statement that IF the PAYOR IS AN employer, THE      6,284        

PAYOR is subject to a fine to be determined under the law of this  6,285        

state for discharging the obligor from employment, refusing to     6,286        

employ the obligor, or taking any disciplinary action against the  6,287        

obligor because of the withholding requirement;                    6,288        

      (v)  A statement that, if the employer PAYOR fails to        6,290        

withhold wages INCOME in accordance with the provisions of the     6,291        

notice, the employer PAYOR is liable for the accumulated amount    6,293        

the employer PAYOR should have withheld from the obligor's wages   6,295        

INCOME;                                                                         

      (vi)  A statement that the withholding in accordance with    6,297        

the notice and under the provisions of this section has priority   6,298        

over any other legal process under the law of this state against   6,299        

the same wages INCOME;                                             6,300        

      (vii)  The date on which the notice was mailed and a         6,302        

statement that the employer PAYOR is required to implement the     6,303        

withholding no later than the first pay period that occurs after   6,304        

fourteen working days following the date the notice was mailed     6,305        

and is required to continue the withholding at the intervals       6,306        

specified in the notice;                                           6,307        

      (viii)  A requirement that the employer PAYOR promptly       6,309        

notify the child support enforcement agency, in writing, within    6,311        

ten working days after the date of any termination of the          6,312        

obligor's employment, any layoff of the obligor, any leave of      6,313        

absence of the obligor without pay, or any other situation THAT    6,314        

OCCURS, INCLUDING, TERMINATION OF EMPLOYMENT, LAYOFF OF THE        6,315        

OBLIGOR, ANY LEAVE OF ABSENCE OF THE OBLIGOR WITHOUT PAY,          6,316        

TERMINATION OF WORKERS' COMPENSATION BENEFITS, OR TERMINATION OF   6,317        

ANY PENSION, ANNUITY, ALLOWANCE, OR RETIREMENT BENEFIT in which    6,318        

the employer PAYOR ceases to pay personal earnings INCOME in an    6,319        

amount sufficient to comply with the administrative order to the   6,320        

                                                          148    

                                                                 
obligor and provide the agency with the obligor's last known       6,321        

address;                                                                        

      (ix)  A requirement that, IF the PAYOR IS AN employer, THE   6,324        

PAYOR identify in the notification given under division            6,325        

(B)(1)(b)(viii) of this section any types of benefits other than   6,326        

personal earnings that the obligor is receiving or is eligible to  6,327        

receive as a benefit of employment or as a result of the           6,328        

obligor's termination of employment, including, but not limited    6,329        

to, unemployment compensation, workers' compensation benefits,     6,330        

severance pay, sick leave, lump sum payments of retirement         6,331        

benefits or contributions, and bonuses or profit-sharing payments  6,332        

or distributions, and the amount of such benefits, and include in  6,333        

the notification the obligor's last known address and telephone    6,334        

number, date of birth, social security number, and case number     6,335        

and, if known, the name and business address of any new employer   6,336        

of the obligor;                                                                 

      (x)  A requirement that, no later than the earlier of        6,338        

forty-five days before the lump-sum payment is to be made or, if   6,339        

the obligor's right to the lump-sum payment is determined less     6,340        

than forty-five days before it is to be made, the date on which    6,341        

that determination is made, the employer PAYOR notify the child    6,342        

support enforcement agency of any lump-sum payments of any kind    6,343        

of five hundred dollars or more that are to be paid to the         6,344        

obligor, hold the lump-sum payments of five hundred dollars or     6,345        

more for thirty days after the date on which the lump-sum          6,346        

payments otherwise would have been paid to the obligor, if the     6,347        

lump-sum payments are workers' compensation benefits, severance    6,348        

pay, sick leave, lump-sum payments of retirement benefits or       6,349        

contributions, annual bonuses, or profit-sharing payments or       6,350        

distributions, and, upon order of the agency, pay any specified    6,351        

amount of the lump-sum payment to the DIVISION OF child support    6,352        

enforcement agency;                                                6,353        

      (xi)  A statement that, in addition to the amount withheld   6,355        

for support, the employer PAYOR may withhold a fee from the        6,356        

                                                          149    

                                                                 
obligor's earnings INCOME as a charge for its services in          6,357        

complying with the notice a specification of the amount that may   6,359        

be withheld.                                                                    

      (c)  The agency shall send the notice described in division  6,361        

(B)(1)(b) of this section to the obligor, and shall attach to the  6,362        

notice an additional notice requiring the obligor immediately to   6,363        

notify the child support enforcement agency, in writing, of any    6,364        

change in employment, including self-employment, and of the        6,365        

availability of any other sources of income that can be the        6,366        

subject of any withholding or deduction requirement described in   6,367        

division (B) of this section.  The agency shall serve the notices  6,368        

upon the obligor at the same time as service of the                6,369        

administrative support order or, if the administrative support     6,370        

order previously has been issued, shall send the notices to the    6,371        

obligor by regular mail at the obligor's last known address at     6,373        

the same time that it sends the notice described in division       6,374        

(B)(1)(b) of this section to the employer PAYOR.  The              6,375        

notification required of the obligor shall include a description   6,376        

of the nature of any new employment OR INCOME SOURCE, the name     6,377        

and, business address, AND TELEPHONE NUMBER of any new employer    6,378        

OR INCOME SOURCE, and any other information reasonably required    6,380        

by the agency.  No obligor shall fail to give the notification as  6,381        

required by division (B)(1)(c) of this section.                    6,382        

      (2)(a)  If the child support enforcement agency determines   6,384        

that the obligor is receiving workers' compensation payments, the  6,385        

agency may require the bureau of workers' compensation or the      6,386        

employer that has been granted the privilege of paying             6,387        

compensation directly and that is paying workers' compensation     6,388        

benefits to the obligor to withhold from the obligor's workers'    6,389        

compensation payments a specified amount for support in            6,390        

satisfaction of the administrative support order, to begin the     6,391        

withholding no later than the date of the first payment that       6,392        

occurs after fourteen working days following the date the notice   6,393        

was mailed to the bureau or employer under divisions (A)(2) or     6,394        

                                                          150    

                                                                 
(3) and (B)(2)(b) of this section, to send the amount withheld to  6,395        

the child support enforcement agency designated for that county    6,396        

pursuant to section 2301.35 of the Revised Code, to send that      6,397        

amount to the agency immediately but not later than ten days       6,398        

after the date the payment is made to the obligor, to provide the  6,399        

date on which the amount was withheld, and to continue the         6,400        

withholding at intervals specified in the notice until further     6,401        

notice from the agency.  To the extent possible, the amount        6,402        

specified in the notice to be withheld shall satisfy the amount    6,403        

ordered for support in the administrative support order plus any   6,404        

arrearages that may be owed by the obligor under any prior court   6,405        

or administrative support order that pertained to the same child   6,406        

or spouse, notwithstanding the limitations of section 4123.67 of   6,407        

the Revised Code.  However, in no case shall the sum of the        6,408        

amount specified in the notice to be withheld and any fee          6,409        

withheld by an employer as a charge for its services exceed the    6,410        

maximum amount permitted under section 303(b) of the "Consumer     6,411        

Credit Protection Act," 15 U.S.C. 1673(b).                         6,412        

      (b)  If the agency imposes a withholding requirement under   6,414        

division (B)(2)(a) of this section, it, within the applicable      6,415        

period of time specified in division (A) of this section, shall    6,416        

send to the bureau of workers' compensation or the employer that   6,417        

is paying the obligor's workers' compensation benefits by regular  6,418        

mail a notice that contains all of the information set forth in    6,419        

divisions (B)(2)(b)(i) to (x) of this section.  The notice is      6,420        

final and is enforceable by the court.  The notice shall contain   6,421        

all of the following:                                              6,422        

      (i)  The amount to be withheld from the obligor's worker's   6,424        

compensation payments and a statement that the amount actually     6,425        

withheld for support and other purposes, including the fee         6,426        

described in division (B)(2)(b)(x) of this section, if             6,427        

applicable, shall not be in excess of the maximum amounts          6,428        

permitted under section 303(b) of the "Consumer Credit Protection  6,429        

Act," 15 U.S.C. 1673(b);                                           6,430        

                                                          151    

                                                                 
      (ii)  A statement that the bureau or employer is required    6,432        

to send the amount withheld to the child support enforcement       6,433        

agency immediately, but not later than ten working days, after     6,434        

the payment is made to the obligor and is required to report to    6,435        

the agency the date on which the amount was withheld from the      6,436        

obligor's payments;                                                6,437        

      (iii)  A statement that the withholding is binding upon the  6,439        

bureau or employer until further notice from the court or agency;  6,440        

      (iv)  If the notice is sent to an employer who is paying     6,442        

the obligor's worker's compensation benefits, a statement that,    6,443        

if the employer fails to withhold from the obligor's worker's      6,444        

compensation payments in accordance with the provisions of the     6,445        

notice, the employer is liable for the accumulated amount the      6,446        

employer should have withheld from the obligor's payments;         6,447        

      (v)  A statement that the withholding in accordance with     6,449        

the notice and under the provisions of this section has priority   6,450        

over any other legal process under the law of this state against   6,451        

the same payment of benefits;                                      6,452        

      (vi)  The date on which the notice was mailed and a          6,454        

statement that the bureau or employer is required to implement     6,455        

the withholding no later than the date of the first payment that   6,456        

occurs after fourteen working days following the date the notice   6,457        

was mailed and is required to continue the withholding at the      6,458        

intervals specified in the notice;                                 6,459        

      (vii)  A requirement that the bureau or employer promptly    6,461        

notify the child support enforcement agency, in writing, within    6,462        

ten working days after the date of any termination of the          6,463        

obligor's workers' compensation benefits;                          6,464        

      (viii)  A requirement that the bureau or employer include    6,466        

in all notices the obligor's last known mailing address, last      6,467        

known residence address, and social security number;               6,468        

      (ix)  A requirement that, no later than the earlier of       6,470        

forty-five days before the lump sum payment is to be made or, if   6,471        

the obligor's right to the lump sum payment is determined less     6,472        

                                                          152    

                                                                 
than forty-five days before it is to be made, the date on which    6,473        

that determination is made, the bureau or employer notify the      6,474        

child support enforcement agency of any lump-sum payment of any    6,475        

kind of five hundred dollars or more that is to be paid to the     6,476        

obligor, hold the lump-sum payment for thirty days after the date  6,477        

on which the lump-sum payment otherwise would be paid to the       6,478        

obligor, and, upon order of the agency, pay any specified amount   6,479        

of the lump-sum payment to the agency.                             6,480        

      (x)  If the notice is sent to an employer who is paying the  6,482        

obligor's workers' compensation benefits a statement that, in      6,483        

addition to the amount withheld for support, the employer may      6,484        

withhold a fee from the obligor's benefits as a charge for its     6,485        

services in complying with the notice and a specification of the   6,486        

amount that may be withheld.                                       6,487        

      (c)  The agency shall send the notice described in division  6,489        

(B)(2)(b) of this section to the obligor and shall attach to the   6,490        

notice an additional notice requiring the obligor to immediately   6,491        

notify the child support enforcement agency, in writing, of any    6,492        

change in the obligor's workers' compensation payments, of the     6,494        

commencement of employment, including self-employment, and of the  6,495        

availability of any other sources of income that can be the        6,496        

subject of any withholding or deduction requirement described in   6,497        

division (B) of this section.  The agency shall serve the notices  6,498        

upon the obligor at the same time as service of the                6,499        

administrative support order or, if the administrative support     6,500        

order previously has been issued, shall send the notices to the    6,501        

obligor by regular mail at the obligor's last known address at     6,502        

the same time that it sends the notice described in division       6,504        

(B)(2)(b) of this section to the bureau or employer.  The          6,505        

additional notice also shall specify that upon commencement of     6,506        

employment the obligor may request the child support enforcement   6,507        

agency to cancel its administrative workers' compensation payment  6,508        

withholding notice and instead issue a notice requiring the        6,509        

withholding of an amount from the obligor's personal earnings for  6,510        

                                                          153    

                                                                 
support in accordance with division (B)(1) of this section and     6,511        

that upon commencement of employment the agency may cancel its     6,512        

workers' compensation payment withholding notice and instead will  6,513        

issue a notice requiring the withholding of an amount from the     6,514        

obligor's personal earnings for support in accordance with         6,515        

division (B)(1) of this section.  The notification required of     6,516        

the obligor shall include a description of the nature of any new   6,517        

employment, the name and business address of any new employer,     6,518        

and any other information reasonably required by the agency.       6,519        

      (3)(a)  If the child support enforcement agency determines   6,521        

that the obligor is receiving any pension, annuity, allowance, or  6,522        

other benefit or is to receive or has received a warrant           6,523        

refunding the obligor's individual account from the public         6,524        

employees retirement system, a municipal retirement system         6,525        

established subject to sections 145.01 to 145.58 of the Revised    6,526        

Code, the police and firemen's disability and pension fund, the    6,528        

state teachers retirement system, the school employees retirement  6,529        

system, or the state highway patrol retirement system, the agency  6,530        

may require the public employees retirement board, the board,      6,531        

board of trustees, or other governing entity of any municipal      6,532        

retirement system, the board of trustees of the police and         6,533        

firemen's disability and pension fund, the state teachers          6,535        

retirement board, the school employees retirement board, or the    6,536        

state highway patrol retirement board to withhold from the         6,537        

obligor's pension, annuity, allowance, other benefit, or warrant   6,538        

a specified amount for support in satisfaction of the support      6,539        

order, to begin the withholding no later than the date of the      6,540        

first payment that occurs after fourteen working days following    6,541        

the date the notice was mailed to the board, board of trustees,    6,542        

or other entity under divisions (A)(2) or (3) and (B)(3)(b) of     6,543        

this section, to send the amount withheld to the child support     6,544        

enforcement agency designated for that county pursuant to section  6,545        

2301.35 of the Revised Code, to send that amount to the agency     6,546        

immediately but not later than ten days after the date the         6,547        

                                                          154    

                                                                 
payment is made to the obligor, to provide the date on which the   6,548        

amount was withheld, and to continue the withholding at intervals  6,549        

specified in the notice until further withholding notice of the    6,550        

agency.  To the extent possible, the amount specified in the       6,551        

notice to be withheld shall satisfy the amount ordered for         6,552        

support in the support order plus any arrearages that may be owed  6,553        

by the obligor under any prior court or administrative support     6,554        

order that pertained to the same child or spouse, notwithstanding  6,555        

the limitations of sections 2329.66, 2329.70, and 2716.13 of the   6,556        

Revised Code.  However, in no case shall the sum of the amount     6,557        

specified in the notice to be withheld and any fee withheld by     6,558        

the board, board of trustees, or other entity as a charge for its  6,559        

services exceed the maximum amount permitted under section 303(b)  6,560        

of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).        6,561        

      (b)  If the agency imposes a withholding requirement under   6,563        

division (B)(3)(a) of this section, it, within the applicable      6,564        

period of time specified in division (A) of this section, shall    6,565        

send to the board, board of trustees, or other entity by regular   6,566        

mail a notice that contains all of the information set forth in    6,567        

divisions (B)(3)(b)(i) to (ix) of this section.  The notice is     6,568        

final and is enforceable by the court.  The notice shall contain   6,569        

all of the following:                                              6,570        

      (i)  The amount to be withheld from the obligor's pension,   6,572        

annuity, allowance, other benefit, or warrant and a statement      6,573        

that the amount actually withheld for support and other purposes,  6,574        

including the fee described in division (B)(3)(b)(ix) of this      6,575        

section, shall not be in excess of the maximum amounts permitted   6,576        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,577        

U.S.C. 1673(b);                                                    6,578        

      (ii)  A statement that the board, board of trustees, or      6,580        

other entity is required to send the amount withheld to the child  6,581        

support enforcement agency immediately, but not later than ten     6,582        

working days, after the payment is made to the obligor and is      6,583        

required to report to the agency the date on which the amount was  6,584        

                                                          155    

                                                                 
withheld from the obligor's payments;                              6,585        

      (iii)  A statement that the withholding is binding upon the  6,587        

board, board of trustees, or other entity until further notice     6,588        

from the court or agency;                                          6,589        

      (iv)  A statement that the withholding in accordance with    6,591        

the notice and under the provisions of this section has priority   6,592        

over any other legal process under the law of this state against   6,593        

the same payment of the pension, annuity, allowance, other         6,594        

benefit, or warrant;                                               6,595        

      (v)  The date on which the notice was mailed and a           6,597        

statement that the board, board of trustees, or other entity is    6,598        

required to implement the withholding no later than the date of    6,599        

the first payment that occurs after fourteen working days          6,600        

following the date the notice was mailed and is required to        6,601        

continue the withholding at the intervals specified in the         6,602        

notice;                                                            6,603        

      (vi)  A requirement that the board, board of trustees, or    6,605        

other entity promptly notify the child support enforcement         6,606        

agency, in writing, within ten working days after the date of any  6,607        

termination of the obligor's pension, annuity, allowance, or       6,608        

other benefit;                                                     6,609        

      (vii)  A requirement that the board, board of trustees, or   6,611        

other entity include in all notices the obligor's last known       6,612        

mailing address, last known residence address, and social          6,613        

security number;                                                   6,614        

      (viii)  A requirement that, no later than the earlier of     6,616        

forty-five days before the lump-sum payment is to be made or, if   6,617        

the obligor's right to the lump-sum payment is determined less     6,618        

than forty-five days before it is to be made, the date on which    6,619        

that determination is made, the board, board of trustees, or       6,620        

other entity notify the child support enforcement agency of any    6,621        

lump-sum payment of any kind of five hundred dollars or more that  6,622        

is to be paid to the obligor, hold the lump-sum payment for        6,623        

thirty days after the date on which the lump-sum payment would     6,624        

                                                          156    

                                                                 
otherwise be paid to the obligor, if the lump-sum payments are     6,625        

lump-sum payments of retirement benefits or contributions, and,    6,626        

upon order of the agency, pay any specified amount of the          6,627        

lump-sum payment to the agency.                                    6,628        

      (ix)  A statement that, in addition to the amount withheld   6,630        

for support, the board, board of trustees, or other entity may     6,631        

withhold a fee from the obligor's pension, annuity, allowance,     6,632        

other benefit, or warrant as a charge for its services in          6,633        

complying with the notice and a specification of the amount that   6,634        

may be withheld.                                                   6,635        

      (c)  The agency shall send the notice described in division  6,637        

(B)(3)(b) of this section to the obligor and shall attach to the   6,638        

notice an additional notice requiring the obligor immediately to   6,639        

notify the child support enforcement agency, in writing, of any    6,640        

change in the obligor's pension, annuity, allowance, or other      6,641        

benefit, of the commencement of employment, including              6,643        

self-employment, and of the availability of any other sources of   6,644        

income that can be the subject of any withholding or deduction     6,645        

requirement described in division (B) of this section.  The        6,646        

agency shall serve the notices upon the obligor at the same time   6,647        

as service of the administrative support order or, if the          6,648        

administrative support order previously has been issued, shall     6,649        

send the notices to the obligor by regular mail, at the obligor's  6,650        

last known address, at the same time it sends the notice           6,652        

described in division (B)(3)(b) of this section to the board,      6,653        

board of trustees, or other entity.  The additional notice also    6,654        

shall notify the obligor that upon commencement of employment the  6,655        

obligor may request the agency to issue a notice requiring the     6,657        

withholding of an amount from the obligor's personal earnings for  6,658        

support in accordance with division (B)(1) of this section and     6,659        

that upon commencement of employment the agency may cancel its     6,660        

withholding notice under division (B)(3)(b) of this section and    6,661        

instead will issue a notice requiring the withholding of an        6,662        

amount from the obligor's personal earnings for support in         6,663        

                                                          157    

                                                                 
accordance with division (B)(1) of this section.  The                           

notification required of the obligor shall include a description   6,664        

of the nature of any new employment, the name and business         6,665        

address of any new employer, and any other information reasonably  6,666        

required by the agency.                                            6,667        

      (4)(a)  If the child support enforcement agency determines   6,669        

that the obligor is receiving any form of income, including, but   6,670        

not limited to, disability or sick pay, insurance proceeds,        6,671        

lottery prize awards, federal, state, or local government          6,672        

benefits to the extent that the benefits can be withheld or        6,673        

deducted under any law governing the benefits, any form of trust   6,674        

fund or endowment fund, vacation pay, commissions and draws        6,675        

against commissions that are paid on a regular basis, bonuses or   6,676        

profit-sharing payments or distributions, or any lump-sum          6,677        

payments, the agency may require the person who pays or otherwise  6,678        

distributes the income to the obligor to withhold from the         6,679        

obligor's income a specified amount for support in satisfaction    6,680        

of the administrative support order, to begin the withholding no   6,681        

later than the date of the first payment that occurs after         6,682        

fourteen working days following the date the notice was mailed to  6,683        

the person paying or otherwise distributing the obligor's income   6,684        

under divisions (A)(2) or (3) and (B)(4)(b) of this section, to    6,685        

send the amount withheld to the child support enforcement agency   6,686        

designated for that county pursuant to section 2301.35 of the      6,687        

Revised Code, to send that amount to the agency immediately but    6,688        

not later than ten days after the date the payment is made to the  6,689        

obligor, to provide the date on which the amount was withheld,     6,690        

and to continue the withholding at intervals specified in the      6,691        

notice until further notice from the agency.  To the extent        6,692        

possible, the amount specified in the notice to be withheld shall  6,693        

satisfy the amount ordered for support in the administrative       6,694        

support order plus any arrearages that may be owed by the obligor  6,695        

under any prior court or administrative support order that         6,696        

pertained to the same child or spouse, notwithstanding the         6,697        

                                                          158    

                                                                 
limitations of sections 2329.66, 2329.70, and 2716.13 of the       6,698        

Revised Code.  However, in no case shall the sum of the amount     6,699        

specified in the notice to be withheld and any fee withheld by     6,700        

the person paying or otherwise distributing the obligor's income   6,701        

as a charge for its services exceed the maximum amount permitted   6,702        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,703        

U.S.C. 1673(b).                                                    6,704        

      (b)  If the agency imposes a withholding requirement under   6,706        

division (B)(4)(a) of this section, it, within the applicable      6,707        

period of time specified in division (A) of this section, shall    6,708        

send to the person paying or otherwise distributing the obligor's  6,709        

income by regular mail a notice that contains all of the           6,710        

information set forth in divisions (B)(4)(b)(i) to (ix) of this    6,711        

section.  The notice is final and is enforceable by the court.     6,712        

The notice shall contain all of the following:                     6,713        

      (i)  The amount to be withheld from the obligor's income     6,715        

and a statement that the amount actually withheld for support and  6,716        

other purposes, including the fee described in division            6,717        

(B)(4)(b)(ix) of this section, shall not be in excess of the       6,718        

maximum amounts permitted under section 303(b) of the "Consumer    6,719        

Credit Protection Act," 15 U.S.C. 1673(b);                         6,720        

      (ii)  A statement that the person paying or otherwise        6,722        

distributing the obligor's income is required to send the amount   6,723        

withheld to the child support enforcement agency immediately, but  6,724        

not later than ten working days, after the payment is made to the  6,725        

obligor and is required to report to the agency the date on which  6,726        

the amount was withheld from the obligor's payments;               6,727        

      (iii)  A statement that the withholding is binding upon the  6,729        

person paying or otherwise distributing the obligor's income       6,730        

until further notice from the court or agency;                     6,731        

      (iv)  A statement that the withholding in accordance with    6,733        

the notice and under the provisions of this section has priority   6,734        

over any other legal process under the law of this state against   6,735        

the same payment of the income;                                    6,736        

                                                          159    

                                                                 
      (v)  The date on which the notice was mailed and a           6,738        

statement that the person paying or otherwise distributing the     6,739        

obligor's income is required to implement the withholding no       6,740        

later than the date of the first payment that occurs after         6,741        

fourteen working days following the date the notice was mailed     6,742        

and is required to continue the withholding at the intervals       6,743        

specified in the notice;                                           6,744        

      (vi)  A requirement that the person paying or otherwise      6,746        

distributing the obligor's income promptly notify the child        6,747        

support enforcement agency, in writing, within ten days after the  6,748        

date of any termination of the obligor's income;                   6,749        

      (vii)  A requirement that the person paying or otherwise     6,751        

distributing the obligor's income include in all notices the       6,752        

obligor's last known mailing address, last known residence         6,753        

address, and social security number;                               6,754        

      (viii)  A requirement that, no later than the earlier of     6,756        

forty-five days before the lump-sum payment is to be made or, if   6,757        

the obligor's right to the lump-sum payment is determined less     6,758        

than forty-five days before it is to be made, the date on which    6,759        

that determination is made, the person paying or otherwise         6,760        

distributing the obligor's income notify the child support         6,761        

enforcement agency of any lump-sum payment of any kind of five     6,762        

hundred dollars or more that is to be paid to the obligor, hold    6,763        

the lump-sum payment for thirty days after the date on which the   6,764        

lump-sum payment would otherwise be paid to the obligor, if the    6,765        

lump-sum payment is sick pay, lump-sum payment of retirement       6,766        

benefits or contributions, or profit-sharing payments or           6,767        

distributions, and, upon order of the agency, pay any specified    6,768        

amount of the lump-sum payment to the child support enforcement    6,769        

agency.                                                            6,770        

      (ix)  A statement that, in addition, to the amount withheld  6,772        

for support, the person paying or otherwise distributing the       6,773        

obligor's income may withhold a fee from the obligor's income as   6,774        

a charge for its services in complying with the notice and a       6,775        

                                                          160    

                                                                 
specification of the amount that may be withheld.                  6,776        

      (c)  The agency shall send the notice described in division  6,778        

(B)(4)(b) of this section to the obligor and shall attach to the   6,779        

notice an additional notice requiring the obligor immediately to   6,780        

notify the child support enforcement agency, in writing, of any    6,781        

change in income to which the withholding notice applies, of the   6,783        

commencement of employment, including self-employment, and of the  6,784        

availability of any other sources of income that can be the                     

subject of any withholding or deduction requirement described in   6,785        

division (B) of this section.  The agency shall serve the notices  6,786        

upon the obligor at the same time as service of the                6,787        

administrative support order or, if the administrative support     6,788        

order previously has been issued, shall send the notices to the    6,789        

obligor by regular mail at the obligor's last known address at     6,790        

the same time that it sends the notice described in division       6,791        

(B)(4)(b) of this section to the person paying or otherwise        6,792        

distributing the obligor's income.  The additional notice also     6,793        

shall notify the obligor that upon commencement of employment the  6,794        

obligor may request the agency to issue a notice requiring the     6,795        

withholding of an amount from the obligor's personal earnings for  6,796        

support in accordance with division (B)(1) of this section and     6,797        

that upon commencement of employment the agency may cancel its     6,798        

withholding notice under division (B)(4)(b) of this section and    6,799        

instead will issue a notice requiring the withholding of an        6,800        

amount from the obligor's personal earnings for support in         6,801        

accordance with division (B)(1) of this section.  The              6,802        

notification required of the obligor shall include a description   6,803        

of the nature of any new employment, the name and business         6,804        

address of any new employer, and any other information reasonably  6,805        

required by the court.                                                          

      (5)(a)  If the child support enforcement agency determines   6,807        

that the obligor has funds on deposit in any account in a          6,808        

financial institution under the jurisdiction of the court, the     6,809        

agency may require any financial institution in which the          6,810        

                                                          161    

                                                                 
obligor's funds are on deposit to deduct from the obligor's        6,811        

account a specified amount for support in satisfaction of the      6,812        

administrative support order, to begin the deduction no later      6,813        

than fourteen working days following the date the notice was       6,814        

mailed to the financial institution under divisions (A)(2) or (3)  6,815        

and (B)(5)(2)(b) of this section, to send the amount deducted to   6,817        

the DIVISION OF child support enforcement agency designated for                 

that county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to        6,818        

section 2301.35 5101.325 of the Revised Code, to send that amount  6,819        

to the agency DIVISION immediately but not later than ten SEVEN    6,821        

WORKING days after the date the latest deduction was made, to                   

provide the date on which the amount was deducted, and to          6,824        

continue the deduction at intervals specified in the notice until  6,825        

further notice from the agency.  To the extent possible, the       6,826        

amount specified in the notice to be deducted shall satisfy the    6,827        

amount ordered for support in the administrative support order     6,828        

plus any arrearages that may be owed by the obligor under any      6,829        

prior court or administrative support order that pertained to the  6,830        

same child or spouse, notwithstanding the limitations of sections  6,831        

2329.66, 2329.70, and 2716.13 of the Revised Code.  However, in    6,832        

no case shall the sum of the amount specified in the notice to be  6,833        

deducted and the fee deducted by the financial institution as a    6,834        

charge for its services exceed the maximum amount permitted under  6,835        

section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.  6,836        

1673(b).                                                           6,837        

      (b)  If the agency imposes a deduction requirement under     6,839        

division (B)(5)(2)(a) of this section, it, within the applicable   6,841        

period of time specified in division (A) of this section, shall    6,842        

send to the financial institution by regular mail a notice that    6,843        

contains all of the information set forth in divisions             6,845        

(B)(5)(2)(b)(i) to (viii) of this section.  The notice is final    6,846        

and is enforceable by the court.  The notice shall contain all of  6,847        

the following:                                                     6,848        

      (i)  The amount to be deducted from the obligor's account    6,850        

                                                          162    

                                                                 
and a statement that the amount actually deducted for support and  6,851        

other purposes, including the fee described in division            6,853        

(B)(2)(b)(viii) of this section, shall not be in excess of the     6,854        

maximum amounts permitted under section 303(b) of the "Consumer    6,855        

Credit Protection Act," 15 U.S.C. 1673(b);                         6,856        

      (ii)  A statement that the financial institution is          6,858        

required to send the amount deducted to the DIVISION OF child      6,859        

support enforcement agency immediately, but not later than ten     6,860        

SEVEN working days, after the date the last deduction was made     6,861        

and is required to report to the agency the date on which the      6,863        

amount was deducted from the obligor's account;                    6,864        

      (iii)  A statement that the deduction is binding upon the    6,866        

financial institution until further notice from the court or       6,867        

agency;                                                            6,868        

      (iv)  A statement that the withholding in accordance with    6,870        

the notice and under the provisions of this section has priority   6,871        

over any other legal process under the law of this state against   6,872        

the same account;                                                  6,873        

      (v)  The date on which the notice was mailed and a           6,875        

statement that the financial institution is required to implement  6,876        

the deduction no later than fourteen working days following the    6,877        

date the notice was mailed and is required to continue the         6,878        

deduction at the intervals specified in the notice;                6,879        

      (vi)  A requirement that the financial institution promptly  6,881        

notify the child support enforcement agency, in writing, within    6,882        

ten days after the date of any termination of the account from     6,883        

which the deduction is being made and notify the agency, in        6,884        

writing, of the opening of a new account at that financial         6,885        

institution, the account number of the new account, the name of    6,886        

any other known financial institutions in which the obligor has    6,887        

any accounts, and the numbers of those accounts;                   6,888        

      (vii)  A requirement that the financial institution include  6,890        

in all notices the obligor's last known mailing address, last      6,891        

known residence address, and social security number;               6,892        

                                                          163    

                                                                 
      (viii)  A statement that, in addition to the amount          6,894        

deducted for support, the financial institution may deduct a fee   6,895        

from the obligor's account as a charge for its services in         6,896        

complying with the administrative order and a specification of     6,897        

the amount that may be deducted.                                   6,898        

      (c)  The agency shall send the notice described in division  6,900        

(B)(5)(2)(b) of this section to the obligor and shall attach to    6,902        

the notice an additional notice requiring the obligor immediately               

to notify the child support enforcement agency, in writing, of     6,903        

any change in the status of the account from which the amount of   6,904        

support is being deducted or the opening of a new account with     6,905        

any financial institution, of the commencement of employment,      6,906        

including self-employment, or of the availability of any other     6,907        

sources of income that can be the subject of any withholding or    6,908        

deduction requirement described in division (B) of this section.   6,909        

The agency shall serve the notices upon the obligor at the same    6,910        

time as service of the administrative support order or, if the     6,911        

support order previously has been issued, shall send the notices   6,912        

to the obligor by regular mail at the obligor's last known         6,913        

address at the same time that it sends the notice described in     6,915        

division (B)(5)(2)(b) of this section to the obligor.  The         6,916        

additional notice also shall notify the obligor that upon          6,918        

commencement of employment, the obligor may request the agency to  6,919        

cancel its financial institution account deduction notice and      6,920        

instead issue a notice requiring the withholding of an amount      6,921        

from the obligor's personal earnings for support in accordance     6,922        

with division (B)(1) of this section and that upon commencement    6,923        

of employment the agency may cancel its financial institution      6,924        

account deduction notice and instead will issue a notice           6,925        

requiring the withholding of an amount from the obligor's          6,926        

personal earnings for support in accordance with division (B)(1)   6,927        

of this section.  The notification required of the obligor shall   6,928        

include a description of the nature of any new accounts opened at  6,929        

a financial institution located in the county in which the agency  6,930        

                                                          164    

                                                                 
is located, the name and business address of that financial        6,931        

institution, a description of the nature of any new employment OR  6,932        

INCOME SOURCE, the name and, business address, AND TELEPHONE       6,934        

NUMBER of any new employer OR INCOME SOURCE, and any other         6,935        

information reasonably required by the agency.                     6,937        

      (C)  If an agency issues or modifies an administrative       6,939        

support order under section 3111.20, 3111.21 3111.211, or 3111.22  6,941        

of the Revised Code and issues one or more notices described in    6,942        

division (B) of this section, the agency to the extent possible    6,943        

shall issue a sufficient number of notices under division (B) of   6,944        

this section to provide that the aggregate amount withheld or      6,945        

deducted under those notices satisfies the amount ordered for      6,946        

support in the administrative support order plus any arrearages    6,947        

that may be owed by the obligor under any prior court or           6,948        

administrative support order that pertained to the same child or   6,949        

spouse, notwithstanding the limitations of sections 2329.66,       6,950        

2329.70, 2716.13, and 4123.67 of the Revised Code.  However, in    6,951        

no case shall the aggregate amount withheld or deducted PURSUANT   6,952        

TO A WITHHOLDING NOTICE ISSUED UNDER DIVISION (B)(1) OF THIS       6,953        

SECTION and any fees withheld or deducted PURSUANT TO THE NOTICE   6,955        

as a charge for services exceed the maximum amount permitted       6,957        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,958        

U.S.C. 1673(b).                                                                 

      (D)  When two or more withholding or deduction notices that  6,960        

are described in division (B)(1) of this section are received by   6,961        

an employer, the bureau of workers' compensation, an employer      6,963        

that is paying more than one person's workers' compensation        6,964        

benefits, the public employees retirement board, the board, board  6,965        

of trustees, or other governing entity of any municipal            6,966        

retirement system, the board of trustees of the police and         6,967        

firemen's disability and pension fund, the state teachers          6,968        

retirement board, the school employees retirement board, the       6,970        

state highway patrol retirement board, a person paying or          6,971        

otherwise distributing income for more than one obligor, or a      6,972        

                                                          165    

                                                                 
financial institution A PAYOR, the employer, bureau of workers'    6,973        

compensation, employer paying workers' compensation benefits,      6,975        

board, board of trustees, or other governing entity of a           6,976        

retirement system, person paying or distributing income to an      6,977        

obligor, or financial institution PAYOR shall comply with all of   6,979        

the requirements contained in the notices to the extent that the   6,980        

total amount withheld from the obligor's personal earnings,        6,981        

payments, pensions, annuities, allowances, benefits, other         6,982        

sources of income, or savings does not exceed the maximum amount   6,983        

permitted under section 303(b) of the "Consumer Credit Protection  6,984        

Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance  6,985        

with the allocation set forth in divisions (D)(1) and (2) of this  6,986        

section, notify each agency that issued one of the notices of the  6,987        

allocation, and give priority to amounts designated in each        6,988        

notice as current support in the following manner:                 6,989        

      (1)  If the total of the amounts designated in the notices   6,991        

as current support exceeds the amount available for withholding    6,992        

under section 303(b) of the "Consumer Credit Protection Act," 15   6,993        

U.S.C. 1673(b), the employer, bureau of workers' compensation,     6,994        

employer paying workers' compensation benefits, board, board of    6,995        

trustees, or other governing entity of a municipal retirement      6,996        

system, person paying or distributing income to an obligor, or     6,998        

financial institution PAYOR shall allocate to each notice an       6,999        

amount for current support equal to the amount designated in that  7,001        

notice as current support multiplied by a fraction in which the    7,002        

numerator is the amount of personal earnings, payments, pensions,  7,003        

annuities, allowances, benefits, other sources of income, or       7,004        

savings available for withholding and the denominator is the       7,005        

total amount designated in all of the notices as current support.  7,006        

      (2)  If the total of the amounts designated in the notices   7,008        

as current support does not exceed the amount available for        7,009        

withholding under section 303(b) of the "Consumer Credit           7,010        

Protection Act," 15 U.S.C. 1673(b), the persons and entities       7,011        

listed in division (C)(1) of this section PAYOR shall pay all of   7,013        

                                                          166    

                                                                 
the amounts designated as current support in the notices and       7,014        

shall allocate to each notice an amount for past-due support       7,015        

equal to the amount designated in that notice as past-due support  7,016        

multiplied by a fraction in which the numerator is the amount of   7,017        

personal earnings, payments, pensions, annuities, allowances,      7,018        

benefits, other sources of income, or savings remaining available  7,019        

for withholding after the payment of current support and the       7,020        

denominator is the total amount designated in all of the notices   7,021        

orders as past-due support.                                        7,022        

      (E)(1)  Except when a provision specifically authorizes or   7,024        

requires service other than as described in this division,         7,025        

service of any notice on any party, the bureau of workers'         7,026        

compensation, an employer that is paying a person's workers'       7,027        

compensation benefits, the public employees retirement board, the  7,028        

board, board of trustees, or other governing entity of any         7,029        

municipal retirement system, the board of trustees of the police   7,030        

and firemen's disability and pension fund, the state teachers      7,032        

retirement board, the school employees retirement board, the       7,033        

state highway patrol retirement board, a person paying or          7,034        

otherwise distributing an obligor's income, a financial            7,035        

institution, or an employer A PAYOR, for purposes of division (A)  7,037        

or (B) of this section, may SHALL be made by personal service or   7,038        

ordinary first class mail directed to the addressee at the         7,040        

addressee's last known address, or, in the case of a corporation,  7,041        

at its usual place of doing business.  A NOTICE SHALL BE           7,042        

CONSIDERED TO HAVE BEEN SERVED WHEN IT IS MAILED.                  7,043        

      (2)  Each party to an administrative support order shall     7,045        

notify the child support enforcement agency of the party's         7,046        

current mailing address and, current residence address, CURRENT    7,048        

RESIDENCE TELEPHONE NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER,   7,049        

at the time of the issuance or modification of the order and,      7,050        

until further notice of the agency that issues the order, shall    7,051        

notify the agency of any change in either address THAT             7,052        

INFORMATION immediately after the change occurs.  No person shall  7,054        

                                                          167    

                                                                 
fail to give the notice as required by division (E)(2) of this     7,055        

section.                                                                        

      (3)  Each administrative support order issued pursuant to    7,057        

this section shall contain a statement requiring each party to     7,058        

the order to notify the child support enforcement agency in        7,059        

writing of the party's current mailing address, the party's        7,060        

current residence address, and of any changes in either address,   7,061        

and a notice that the requirement to notify the agency of all      7,062        

changes in either address continues until further notice from the  7,064        

agency.  NOTICE THAT STATES THE FOLLOWING IN BOLDFACED TYPE AND    7,066        

IN ALL CAPITAL LETTERS:                                                         

      "EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD      7,069        

SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT        7,070        

MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE      7,071        

TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY      7,072        

CHANGES IN THAT INFORMATION.  EACH PARTY MUST NOTIFY THE AGENCY    7,073        

OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE AGENCY.  IF YOU ARE   7,074        

THE OBLIGOR UNDER THE SUPPORT ORDER AND YOU FAIL TO MAKE THE       7,075        

REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST     7,076        

OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT   7,077        

OFFENSE.                                                                        

      IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED      7,079        

NOTIFICATIONS, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING         7,080        

ENFORCEMENT ACTIONS AGAINST YOU:  IMPOSITION OF LIENS AGAINST      7,081        

YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE,  7,083        

DRIVER'S LICENSE, AND RECREATIONAL LICENSE; WITHHOLDING FROM YOUR  7,084        

INCOME; DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS;    7,085        

AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO  7,086        

SATISFY YOUR SUPPORT OBLIGATION."                                  7,087        

      (4)(a)  The parent who is the residential parent and legal   7,089        

custodian of a child for whom an administrative support order is   7,090        

issued or the person who otherwise has custody of a child for      7,091        

whom an administrative support order is issued immediately shall   7,092        

notify, and the obligor under an administrative support order may  7,093        

                                                          168    

                                                                 
notify, the child support enforcement agency of any reason for     7,094        

which an administrative support order should terminate,            7,095        

including, but not limited to, THE CHILD'S ATTAINMENT OF THE AGE   7,096        

OF MAJORITY IF THE CHILD NO LONGER ATTENDS AN ACCREDITED HIGH      7,097        

SCHOOL ON A FULL-TIME BASIS AND DOES NOT HAVE A DEVELOPMENTAL      7,100        

DISABILITY AS DEFINED IN SECTION 5123.01 OF THE REVISED CODE; THE  7,102        

CHILD CEASING TO ATTEND SUCH A HIGH SCHOOL ON A FULL-TIME BASIS    7,103        

AFTER ATTAINING THE AGE OF MAJORITY, IF THE CHILD DOES NOT HAVE A  7,105        

DEVELOPMENTAL DISABILITY; OR THE death, marriage, emancipation,    7,107        

enlistment in the armed services, deportation, or change of legal  7,108        

or physical custody of the child.  Upon receipt of a notice        7,109        

pursuant to this division, the agency immediately shall conduct    7,112        

an investigation to determine if any reason exists for which the   7,113        

administrative support order should terminate.  THE AGENCY MAY     7,114        

CONDUCT SUCH AN INVESTIGATION REGARDLESS OF WHETHER A PARENT OR    7,115        

PERSON WITH CUSTODY SENDS A NOTICE THAT THE ORDER SHOULD           7,116        

TERMINATE.  If the agency so determines THE ORDER SHOULD           7,117        

TERMINATE, it immediately shall terminate the administrative       7,119        

support order.                                                     7,120        

      (b)  Upon receipt of a notice given pursuant to division     7,123        

(E)(4)(a) of this section, the agency shall DIRECT THE DIVISION    7,125        

OF CHILD SUPPORT TO impound any funds received for the child       7,126        

pursuant to the administrative support order and THE AGENCY SHALL  7,127        

set the case for an administrative hearing for a determination of  7,129        

whether the administrative support order should be terminated or   7,130        

modified or whether the agency should take any other appropriate   7,131        

action.                                                                         

      (c)  If the child support enforcement agency terminates an   7,133        

administrative support order pursuant to divisions (E)(4)(a) and   7,135        

(b) of this section, the termination of the support order also     7,136        

terminates any withholding or deduction order as described in      7,137        

division (B) of this section that was issued relative to the       7,138        

administrative support order prior to December 31, 1993, and any   7,139        

withholding or deduction notice as described in division (B) of    7,140        

                                                          169    

                                                                 
this section that was issued relative to the administrative        7,141        

support order on or after December 31, 1993.  Upon the             7,142        

termination of any withholding or deduction order or any           7,143        

withholding or deduction notice, the agency immediately shall      7,144        

notify each employer, PAYOR OR financial institution, or other     7,146        

person or entity that was required to withhold or deduct a sum of               

money for the payment of support under the terminated withholding  7,148        

or deduction order or the terminated withholding or deduction      7,149        

notice that the order or notice has been terminated and that it    7,150        

is required to cease all withholding or deduction under the order  7,151        

or notice.                                                         7,152        

      (d)  The department of human services shall adopt rules      7,154        

that provide for both of the following:                            7,155        

      (i)  The return PAYMENT to the appropriate person of any     7,157        

funds that a THE DIVISION OF child support enforcement agency has  7,159        

impounded under division (E)(4)(b) of this section, if the         7,161        

administrative support order under which CONSISTENT WITH the       7,162        

funds were paid has been terminated AGENCY'S DETERMINATION         7,163        

pursuant to divisions (E)(4)(a) and (b) of this section;           7,164        

      (ii)  The return to the appropriate person of any other      7,166        

payments made pursuant to an administrative support order, if the  7,167        

payments were made at any time after the administrative support    7,168        

order under which the funds were paid has been terminated          7,169        

pursuant to divisions (E)(4)(a) and (b) of this section.           7,170        

      (5)  If any party to an administrative support order         7,172        

requests a modification of the administrative support order or if  7,173        

any obligee under an administrative support order or any person    7,174        

on behalf of the obligee files any action to enforce an            7,175        

administrative support order with the agency, the agency shall     7,176        

proceed as provided in sections 3111.20 to 3111.28 and 3113.21 to  7,178        

3113.219 SECTION 3111.27 of the Revised Code. IF THE OBLIGOR IS    7,180        

IN DEFAULT UNDER THE ADMINISTRATIVE SUPPORT ORDER, THE AGENCY      7,181        

SHALL PROCEED AS PROVIDED IN DIVISION (B) OF SECTION 3113.21 OF    7,182        

THE REVISED CODE.  IF ANY PERSON OTHERWISE FILES AN ACTION TO                   

                                                          170    

                                                                 
ENFORCE AN ADMINISTRATIVE SUPPORT ORDER, THE AGENCY SHALL PROCEED  7,183        

AS PROVIDED IN SECTIONS 3111.20 TO 3111.28 OF THE REVISED CODE.    7,184        

      (F)(1)  Upon receipt of a notice that a lump-sum payment of  7,186        

five hundred dollars or more is to be paid to the obligor, the     7,187        

agency shall do either of the following:                           7,188        

      (a)  If the obligor is in default under the administrative   7,190        

support order or has any unpaid arrearages under the               7,191        

administrative support order, issue an administrative order        7,192        

requiring the transmittal of the lump-sum payment to the DIVISION  7,193        

OF child support enforcement agency;                               7,194        

      (b)  If the obligor is not in default under the              7,196        

administrative support order and does not have any unpaid          7,197        

arrearages under the support order, issue an administrative order  7,198        

directing the person who gave the notice to the agency to          7,199        

immediately pay the full amount of the lump-sum payment to the     7,200        

obligor.                                                           7,201        

      (2)  Upon receipt of any moneys pursuant to division         7,203        

(F)(1)(a) of this section, a THE DIVISION OF child support         7,204        

enforcement agency shall pay the amount of the lump-sum payment    7,205        

that is necessary to discharge all of the obligor's arrearages to  7,206        

the obligee and, within two business days after its receipt of     7,207        

the money, any amount that is remaining after the payment of the   7,208        

arrearages to the obligor.                                         7,209        

      (G)(1)  Any administrative support order, or modification    7,211        

of an administrative support order, that is subject to this        7,212        

section shall contain the date of birth and social security        7,213        

number of the obligor.                                             7,214        

      (2)  No withholding or deduction notice described in         7,216        

division (B) of this section shall contain any information other   7,217        

than the information specifically required by division (B) or      7,218        

(G)(3) of this section or by any other section of the Revised      7,219        

Code and any additional information that the issuing agency        7,220        

determines may be necessary to comply with the notice.             7,221        

      (3)  Each withholding or deduction notice described in       7,223        

                                                          171    

                                                                 
division (B) of this section shall include notice of all of the    7,224        

following:                                                         7,225        

      (a)  That the child support enforcement agency may bring an  7,227        

action under section 3111.28 of the Revised Code requesting the    7,228        

court to find the employer, PAYOR OR financial institution,        7,230        

employer that is paying the obligor's workers' compensation        7,231        

benefits, public employees retirement board, board, board of       7,232        

trustees, or other governing entity of any municipal retirement    7,233        

system, board of trustees of the police and firemen's disability   7,234        

and pension fund, state teachers retirement board, school          7,236        

employees retirement board, state highway patrol retirement        7,237        

board, person paying or otherwise distributing an obligor's        7,238        

income, or bureau of workers' compensation in contempt pursuant                 

to section 2705.02 of the Revised Code if the employer, PAYOR OR   7,239        

financial institution, employer that is paying the obligor's       7,240        

workers' compensation benefits, public employees retirement        7,241        

board, board, board of trustees, or other governing entity of the  7,242        

municipal retirement system, board of trustees of the police and   7,243        

firemen's disability and pension fund, state teachers retirement   7,245        

board, school employees retirement board, state highway patrol     7,246        

retirement board, person paying or otherwise distributing the      7,247        

obligor's income, or bureau of workers' compensation fails to      7,248        

comply with the withholding or deduction notice;                   7,249        

      (b)  That, if the employer, PAYOR OR financial institution,  7,251        

employer that is paying the obligor's workers' compensation        7,253        

benefits, public employees retirement board, board, board of       7,254        

trustees, or other governing entity of the municipal retirement    7,255        

system, board of trustees of the police and firemen's disability   7,257        

and pension fund, state teachers retirement board, school          7,258        

employees retirement board, state highway patrol retirement        7,259        

board, person paying or otherwise distributing an obligor's        7,260        

income, or bureau of workers' compensation fails to comply with    7,261        

the withholding or deduction notice, that failure to comply is     7,263        

contempt pursuant to section 2705.02 of the Revised Code.          7,264        

                                                          172    

                                                                 
      (H)  No withholding or deduction notice described in         7,266        

division (B) of this section and issued under this section or any  7,267        

other section of the Revised Code shall be terminated solely       7,268        

because the obligor pays any part or all of the arrearages under   7,269        

the administrative support order.                                  7,270        

      (I)(1)  Except as provided in division (I)(2) of this        7,272        

section and section 2301.42 of the Revised Code and the rules      7,273        

adopted pursuant to division (C) of that section, if child         7,276        

support arrearages are owed by an obligor to the obligee and to    7,278        

the department of human services, any payments received on the     7,279        

arrearages by the DIVISION OF child support enforcement agency     7,280        

first shall be paid to the obligee until the arrearages owed to    7,282        

the obligee are paid in full.                                                   

      (2)  Division (I)(1) of this section does not apply to the   7,284        

collection of past-due child support from refunds of paid federal  7,285        

taxes pursuant to section 5101.32 of the Revised Code or of        7,286        

overdue child support from refunds of paid state income taxes      7,287        

pursuant to sections 5101.321 and 5747.121 of the Revised Code.    7,288        

      Sec. 3111.231.  IF A CHILD SUPPORT ENFORCEMENT AGENCY        7,290        

OTHERWISE REQUIRED BY DIVISION (A) OF SECTION 3111.23 OF THE       7,293        

REVISED CODE TO ISSUE A WITHHOLDING OR DEDUCTION NOTICE UNDER      7,295        

DIVISION (B) OF THAT SECTION IS UNABLE TO ISSUE THE NOTICE         7,297        

BECAUSE NONE OF THE CONDITIONS SPECIFIED IN DIVISION (B) OF THAT   7,298        

SECTION FOR ISSUING THE NOTICE APPLY TO THE OBLIGOR, THE AGENCY    7,299        

SHALL ISSUE AN ADMINISTRATIVE ORDER REQUIRING THE OBLIGOR, IF      7,300        

ABLE TO ENGAGE IN EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE    7,301        

IN A WORK ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE  7,303        

IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42         7,309        

U.S.C.A. 301, AS AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION  7,310        

407(d) OF THE "SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS        7,316        

AMENDED.  THE AGENCY SHALL INCLUDE IN THE ORDER A REQUIREMENT      7,317        

THAT THE OBLIGOR NOTIFY THE AGENCY ON OBTAINING EMPLOYMENT OR      7,318        

INCOME, OR OWNERSHIP OF ANY ASSET WITH A VALUE OF FIVE HUNDRED     7,319        

DOLLARS OR MORE.  THE AGENCY MAY ISSUE THE ORDER REGARDLESS OF     7,320        

                                                          173    

                                                                 
WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES SUPPORT IS A          7,321        

RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL SECURITY   7,325        

ACT."                                                              7,326        

      IF AN OBLIGOR IS ORDERED TO PARTICIPATE IN A WORK ACTIVITY,  7,330        

THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL OVERSEE THE OBLIGOR'S   7,331        

PARTICIPATION IN ACCORDANCE WITH RULES THE DEPARTMENT OF HUMAN     7,332        

SERVICES SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE        7,334        

REVISED CODE.  THE AGENCY MAY CONTRACT WITH ONE OR MORE PERSONS    7,336        

OR GOVERNMENT ENTITIES TO CARRY OUT SOME OR ALL OF ITS OVERSIGHT   7,337        

DUTIES.                                                                         

      IF AN OBLIGOR FAILS TO COMPLY WITH AN ADMINISTRATIVE ORDER,  7,340        

THE AGENCY SHALL SUBMIT A REQUEST TO A COURT FOR THE COURT TO      7,341        

TAKE ACTION UNDER DIVISION (D)(4) OF SECTION 3113.21 OF THE        7,343        

REVISED CODE.                                                      7,344        

      Sec. 3111.24.  (A)(1)  For purposes of this section, a       7,353        

withholding or deduction order that was issued prior to December   7,354        

31, 1993, under division (A)(1), (2), (3), (4), or (5) of section  7,355        

3111.23 of the Revised Code as the division existed prior to that  7,356        

date and that has not been terminated on or after December 31,     7,357        

1993, shall be considered to be a withholding or deduction notice  7,358        

issued under divisions (A) and (B)(1), OR (2), (3), (4), or (5)    7,360        

of section 3111.23 of the Revised Code.                            7,361        

      (2)  An employer A PAYOR required to withhold a specified    7,363        

amount from the personal earnings INCOME of an employee pursuant   7,364        

to a withholding notice issued under section 3111.23 of the        7,365        

Revised Code for purposes of support also may deduct from the      7,366        

personal earnings INCOME of the person, in addition to the amount  7,367        

withheld for purposes of support, a fee of two dollars or an       7,369        

amount not to exceed one per cent of the amount withheld for       7,370        

purposes of support, whichever is greater, as a charge for its     7,371        

services in complying with the withholding requirement included    7,372        

in the withholding notice.  An employer that is paying a person's  7,373        

workers' compensation benefits and that is required to withhold a  7,374        

specified amount from a person's workers' compensation benefits    7,375        

                                                          174    

                                                                 
pursuant to a withholding notice issued under divisions (A) and    7,376        

(B)(2) of section 3111.23 of the Revised Code for purposes of      7,377        

support also may deduct from the workers' compensation benefits,   7,378        

in addition to the amount withheld for purposes of support, a fee  7,379        

of two dollars or an amount not to exceed one per cent of the      7,380        

amount withheld for purposes of support, whichever is greater, as  7,381        

a charge for its services in complying with the withholding        7,382        

requirement included in the withholding notice.  A financial       7,383        

institution required to deduct funds from an account pursuant to   7,384        

a deduction notice issued under divisions (A) and (B)(5)(2) of     7,385        

section 3111.23 of the Revised Code for purposes of support may    7,386        

deduct from the account of the person, in addition to the amount   7,387        

deducted for purposes of support, a fee of five dollars or an      7,388        

amount not to exceed the lowest rate that it charges, if any, for  7,389        

a debit transaction in a similar account, whichever is less, as a  7,390        

charge for its service in complying with the deduction             7,391        

requirement included in the deduction notice.  The public          7,392        

employees retirement board, the board, board of trustees, or       7,393        

other governing entity of any municipal retirement system, the     7,394        

board of trustees of the police and firemen's disability and       7,395        

pension fund, the state teachers retirement board, the school      7,396        

employees retirement board, the state highway patrol retirement    7,397        

board, and a person paying or otherwise distributing an obligor's  7,398        

income required to withhold or deduct a specified amount from an   7,399        

obligor's pension, annuity, allowance, other benefit, or other     7,400        

source of income pursuant to a withholding or deduction notice     7,401        

issued under divisions (A) and (B)(3) or (4) of section 3111.23    7,402        

of the Revised Code for purposes of support also may deduct from   7,403        

the obligor's pension, annuity, allowance, other benefit, or       7,404        

other source of income, a fee of two dollars or an amount not to   7,405        

exceed one per cent of the amount withheld or deducted, whichever  7,406        

is less, as a charge for its services in complying with the        7,407        

withholding or deduction requirement included in the withholding   7,408        

or deduction notice.                                               7,409        

                                                          175    

                                                                 
      The entire amount withheld or deducted pursuant to a         7,411        

withholding or deduction notice issued under divisions (A) and     7,412        

(B) of section 3111.23 of the Revised Code for purposes of         7,413        

support shall be forwarded to the DIVISION OF child support        7,414        

enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES             7,416        

immediately, but no later than ten SEVEN working days, after the   7,417        

withholding or deduction, as directed in the withholding or        7,418        

deduction notice.                                                  7,419        

      (B)  If an employer, a PAYOR OR financial institution, an    7,421        

employer that is paying an obligor's workers' compensation         7,423        

benefits, the public employees retirement board, the board, board  7,424        

of trustees, or other governing entity of any municipal            7,425        

retirement system, the board of trustees of the police and         7,426        

firemen's disability and pension fund, the state teachers          7,427        

retirement board, the school employees retirement board, the       7,428        

state highway patrol retirement board, the person paying or        7,429        

otherwise distributing an obligor's income, or the bureau of       7,430        

workers' compensation is required to withhold or deduct a          7,431        

specified amount from the personal earnings, payments, pensions,   7,432        

annuities, allowances, benefits, other sources of income, or       7,433        

savings of more than one obligor pursuant to a withholding or      7,434        

deduction notice issued under divisions (A) and (B) of section     7,435        

3111.23 of the Revised Code and is required to forward the         7,436        

amounts withheld or deducted to the DIVISION OF child support      7,437        

enforcement agency, the employer, the public employees retirement  7,438        

board, the board, board of trustees, or other governing entity of  7,439        

any municipal retirement system, the board of trustees of the      7,440        

police and firemen's disability and pension fund, the state        7,441        

teachers retirement board, the school employees retirement board,  7,442        

the state highway patrol retirement board, the person paying or    7,443        

otherwise distributing an obligor's income, the PAYOR OR           7,444        

financial institution, the employer that is paying an obligor's    7,445        

workers' compensation benefits, or the bureau of workers'          7,446        

compensation may combine all of the amounts to be forwarded in     7,447        

                                                          176    

                                                                 
one payment, provided the payment is accompanied by a list that    7,448        

clearly identifies each obligor who is covered by the payment and  7,449        

the portion of the payment that is attributable to that obligor.   7,450        

      (C)  Upon receipt of any amount forwarded from an employer,  7,452        

a PAYOR OR financial institution, an employer that is paying a     7,453        

person's workers' compensation benefits, the public employees      7,455        

retirement board, the board, board of trustees, or other           7,456        

governing entity of any municipal retirement system, the board of  7,457        

trustees of the police and firemen's disability and pension fund,  7,458        

the state teachers retirement board, the school employees          7,459        

retirement board, the state highway patrol retirement board, the   7,460        

person paying or otherwise distributing an obligor's income, or    7,461        

the bureau of workers' compensation under this section, a THE      7,462        

DIVISION OF child support enforcement agency shall distribute the  7,464        

amount to the obligee within two business days of its receipt of   7,465        

the amount forwarded. The department of human services may adopt,  7,466        

amend, and rescind rules in accordance with Chapter 119. of the    7,467        

Revised Code to assist child support enforcement agencies in the   7,468        

implementation of this division.                                   7,469        

      (D)  A PAYOR OR FINANCIAL INSTITUTION SHALL NOT BE SUBJECT   7,471        

TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN ACCORDANCE WITH  7,472        

THIS SECTION, WITH A WITHHOLDING OR DEDUCTION NOTICE ISSUED        7,473        

PURSUANT TO DIVISION (B) OF SECTION 3111.23 OF THE REVISED CODE.   7,474        

      Sec. 3111.241.  (A)  As used in this section, "insurer"      7,483        

means any person that is authorized to engage in the business of   7,484        

insurance in this state under Title XXXIX of the Revised Code,     7,485        

any health insuring corporation, and any legal entity that is      7,487        

self-insured and provides benefits to its employees or members.    7,488        

      (B)  If an administrative officer of a child support         7,490        

enforcement agency issues IN ANY PROCEEDING IN WHICH an            7,491        

administrative support order IS ISSUED under section 3111.20,      7,493        

3111.21 3111.211, or 3111.22 of the Revised Code, in addition to   7,495        

any requirements in those sections, the CHILD SUPPORT ENFORCEMENT  7,496        

agency also shall issue a separate order that includes all         7,498        

                                                          177    

                                                                 
DETERMINE THE PARENT RESPONSIBLE FOR THE HEALTH CARE OF THE        7,499        

CHILDREN SUBJECT TO THE ORDER AND SHALL INCLUDE IN THE ORDER ONE   7,500        

of the following:                                                               

      (1)  A requirement that the obligor under the child support  7,502        

order obtain health insurance coverage for the children who are    7,503        

the subject of the administrative child support order from an      7,504        

insurer that provides a group health insurance or health care      7,505        

policy, contract, or plan that is specified in the order and a     7,506        

requirement that the obligor, no later than thirty days after the  7,507        

issuance of the order under division (B)(1) of this section,       7,508        

furnish written proof to the child support enforcement agency      7,509        

that the required health insurance coverage has been obtained, if  7,510        

that coverage is available at a reasonable cost through a group    7,511        

health insurance or health care policy, contract, or plan offered  7,512        

by the obligor's employer or through any other group health        7,513        

insurance or health care policy, contract, or plan available to    7,514        

the obligor and if health insurance coverage for the children IT   7,515        

is not available for a more reasonable cost through a group        7,517        

health insurance or health care policy, contract, or plan          7,518        

available to the obligee under the administrative child support    7,519        

order;                                                                          

      (2)  If the obligor is required under division (B)(1) of     7,521        

this section to obtain health insurance coverage for the children  7,522        

who are the subject of the administrative child support order, a   7,523        

requirement that the obligor supply the obligee with information   7,524        

regarding the benefits, limitations, and exclusions of the health  7,525        

insurance coverage, copies of any insurance forms necessary to     7,526        

receive reimbursement, payment, or other benefits under the        7,527        

health insurance coverage, and a copy of any necessary insurance   7,528        

cards, a requirement that the obligor submit a copy of the         7,529        

administrative order issued pursuant to division (B) of this       7,530        

section to the insurer at the time that the obligor makes          7,531        

application to enroll the children in the health insurance or      7,532        

health care policy, contract, or plan, and a requirement that the  7,533        

                                                          178    

                                                                 
obligor, no later than thirty days after the issuance of the       7,534        

administrative order under division (B)(2) of this section,        7,535        

furnish written proof to the child support enforcement agency      7,536        

that division (B)(2) of this section has been complied with;       7,537        

      (3)  A requirement that the obligee under the                7,539        

administrative child support order obtain health insurance         7,540        

coverage for the children who are the subject of the               7,541        

administrative child support order from an insurer that provides   7,542        

a group health insurance or health care policy, contract, or plan  7,543        

that is specified in the administrative order and a requirement    7,544        

that the obligee, no later than thirty days after the issuance of  7,545        

the administrative order under division (B)(1) of this section,    7,546        

furnish written proof to the child support enforcement agency      7,547        

that the required health insurance coverage has been obtained, if  7,548        

that coverage is available through a group health insurance or     7,549        

health care policy, contract, or plan offered by the obligee's     7,550        

employer or through any other group health insurance or health     7,551        

care policy, contract, or plan available to the obligee and if     7,552        

that coverage IT is available at a more reasonable cost than       7,553        

health insurance SUCH coverage for the children through a group    7,555        

health insurance or health care policy, contract, or plan IS       7,556        

available to the obligor;                                          7,557        

      (4)  If the obligee is required under division (B)(3) of     7,559        

this section to obtain health insurance coverage for the children  7,560        

who are the subject of the administrative child support order, a   7,561        

requirement that the obligee submit a copy of the administrative   7,562        

order issued pursuant to division (B) of this section to the       7,563        

insurer at the time that the obligee makes application to enroll   7,564        

the children in the health insurance or health care policy,        7,565        

contract, or plan;                                                 7,566        

      (5)  A list of the group health insurance and health care    7,568        

policies, contracts, and plans that the child support enforcement  7,569        

agency determines are available at a reasonable cost to the        7,570        

obligor or to the obligee and the name of the insurer that issues  7,571        

                                                          179    

                                                                 
each policy, contract, or plan;                                    7,572        

      (6)  A statement setting forth the name, address, and        7,574        

telephone number of the individual who is to be reimbursed for     7,575        

out-of-pocket medical, optical, hospital, dental, or prescription  7,576        

expenses paid for each child who is the subject of the             7,577        

administrative child support order and a statement that the        7,578        

insurer that provides the health insurance coverage for the        7,579        

children may continue making payment for medical, optical,         7,580        

hospital, dental, or prescription services directly to any health  7,581        

care provider in accordance with the applicable health insurance   7,582        

or health care policy, contract, or plan;                          7,583        

      (7)  A requirement that the obligor and the obligee          7,585        

designate the children who are the subject of the administrative   7,586        

child support order as covered dependents under any health         7,587        

insurance or health care policy, contract, or plan for which they  7,588        

contract;                                                          7,589        

      (8)  A requirement that the obligor, the obligee, or both    7,591        

of them under a formula established by the child support           7,592        

enforcement agency pay copayment or deductible costs required      7,593        

under the health insurance or health care policy, contract, or     7,594        

plan that covers the children;                                     7,595        

      (9)(3)  If health insurance coverage for the children who    7,597        

are the subject of the administrative order is not available at a  7,599        

reasonable cost through a group health insurance or health care    7,600        

policy, contract, or plan offered by the obligor's employer or     7,601        

through any other group health insurance or health care policy,    7,602        

contract, or plan available to the obligor and is not available    7,603        

at a reasonable cost through a group health insurance or health    7,604        

care policy, contract, or plan offered by the obligee's employer   7,605        

or through any other group health insurance or health care         7,606        

policy, contract, or plan available to OR the obligee, a           7,607        

requirement that the obligor and the obligee share liability for   7,609        

the cost of the medical and health care needs of the children who  7,610        

are the subject of the administrative order, under an equitable    7,611        

                                                          180    

                                                                 
formula established by the agency, and a requirement that if,      7,612        

after the issuance of the order, health insurance coverage for     7,613        

the children who are the subject of the administrative order       7,614        

becomes available at a reasonable cost through a group health      7,615        

insurance or health care policy, contract, or plan offered by the  7,616        

obligor's or obligee's employer or through any other group health  7,617        

insurance or health care policy, contract, or plan available to    7,618        

the obligor or obligee, the obligor or obligee to whom the         7,619        

coverage becomes available immediately inform the agency of that   7,620        

fact;                                                                           

      (10)  A notice that, if the obligor is required under        7,622        

divisions (B)(1) and (2) of this section to obtain health          7,623        

insurance coverage for the children who are the subject of the     7,624        

administrative child support order and if the obligor fails to     7,625        

comply with the requirements of those divisions, the child         7,626        

support enforcement agency immediately shall issue an              7,627        

administrative order to the employer of the obligor, upon written  7,628        

notice from the child support enforcement agency, requiring the    7,629        

employer to take whatever action is necessary to make application  7,630        

to enroll the obligor in any available group health insurance or   7,631        

health care policy, contract, or plan with coverage for the        7,632        

children who are the subject of the administrative child support   7,633        

order, to submit a copy of the administrative order issued         7,634        

pursuant to division (B) of this section to the insurer at the     7,635        

time that the employer makes application to enroll the children    7,636        

in the health insurance or health care policy, contract, or plan,  7,637        

and, if the obligor's application is accepted, to deduct any       7,638        

additional amount from the obligor's earnings necessary to pay     7,639        

any additional cost for that health insurance coverage;            7,640        

      (11)  A notice that during the time that an order under      7,642        

this section is in effect, the employer of the obligor is          7,643        

required to release to the obligee or the child support            7,644        

enforcement agency upon written request any necessary information  7,645        

on the health insurance coverage of the obligor, including, but    7,646        

                                                          181    

                                                                 
not limited to, the name and address of the insurer and any        7,647        

policy, contract, or plan number, and to otherwise comply with     7,648        

this section and any court order issued under this section;        7,649        

      (12)  A statement setting forth the full name and date of    7,651        

birth of each child who is the subject of the administrative       7,652        

child support order;                                               7,653        

      (13)  A requirement that the obligor and the obligee comply  7,655        

with any requirement described in division (B)(1), (2), (3), (4),  7,656        

or (7) of this section that is contained in the order issued       7,657        

under this section no later than thirty days after the issuance    7,658        

of the order.                                                      7,659        

      (C)  If an administrative officer of a child support         7,661        

enforcement agency issues an administrative support order under    7,662        

section 3111.20, 3111.21, or 3111.22 of the Revised Code, the      7,663        

child support enforcement agency, in addition to any requirements  7,665        

in those sections and in lieu of an order issued under division    7,666        

(B) of this section, may issue a separate order requiring both     7,667        

      (4)  A REQUIREMENT THAT BOTH the obligor and the obligee to  7,670        

obtain health insurance coverage for the children who are the      7,671        

subject of the administrative child support order, if health       7,672        

insurance coverage is available for the children and if the        7,673        

agency determines that the coverage is available at a reasonable   7,674        

cost to both the obligor and the obligee and that the dual         7,675        

coverage by both parents would provide for coordination of         7,676        

medical benefits without unnecessary duplication of coverage.  If  7,677        

the agency issues an order under this division, it shall include   7,678        

in the order any of the requirements, notices, and information     7,679        

set forth in divisions (B)(1) to (13) of this section that are     7,680        

applicable.                                                                     

      (D)(C)  AN ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO   7,683        

SECTION 3111.20 OR 3111.22 OF THE REVISED CODE SHALL CONTAIN ALL   7,685        

OF THE FOLLOWING:                                                  7,686        

      (1)  IF THE OBLIGOR IS REQUIRED UNDER DIVISION (B)(1) OF     7,689        

THIS SECTION, THE OBLIGEE IS REQUIRED UNDER DIVISION (B)(2) OF     7,691        

                                                          182    

                                                                 
THIS SECTION, OR BOTH THE OBLIGOR AND OBLIGEE ARE REQUIRED UNDER   7,692        

DIVISION (B)(4) OF THIS SECTION, TO PROVIDE HEALTH INSURANCE       7,694        

COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT THE OBLIGOR OR       7,695        

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  7,696        

PROVIDE THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS,  7,698        

LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE,      7,699        

COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT,  7,700        

PAYMENT, OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE,    7,701        

AND A COPY OF ANY NECESSARY INSURANCE CARDS, A REQUIREMENT THAT    7,702        

THE OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH       7,703        

INSURANCE COVERAGE, SUBMIT A COPY OF THE ADMINISTRATIVE ORDER      7,704        

ISSUED PURSUANT TO DIVISION (B)(1), (2), OR (4) OF THIS SECTION    7,706        

TO THE INSURER AT THE TIME THAT THE OBLIGOR OR OBLIGEE, WHOEVER                 

IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, MAKES             7,707        

APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR      7,708        

HEALTH CARE POLICY, CONTRACT, OR PLAN, AND A REQUIREMENT THAT THE  7,709        

OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH           7,710        

INSURANCE COVERAGE, FURNISH WRITTEN PROOF TO THE CHILD SUPPORT     7,711        

ENFORCEMENT AGENCY THAT DIVISION (C)(1) OF THIS SECTION HAS BEEN   7,712        

COMPLIED WITH;                                                                  

      (2)  A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE    7,714        

POLICIES, CONTRACTS, AND PLANS THAT THE CHILD SUPPORT ENFORCEMENT  7,715        

AGENCY DETERMINES ARE AVAILABLE AT A REASONABLE COST TO THE        7,716        

OBLIGOR OR TO THE OBLIGEE AND THE NAME OF THE INSURER THAT ISSUES  7,717        

EACH POLICY, CONTRACT, OR PLAN;                                    7,718        

      (3)  A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND        7,720        

TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR     7,721        

OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION  7,722        

EXPENSES PAID FOR EACH CHILD WHO IS THE SUBJECT OF THE             7,723        

ADMINISTRATIVE CHILD SUPPORT ORDER AND A STATEMENT THAT THE        7,724        

INSURER THAT PROVIDES THE HEALTH INSURANCE COVERAGE FOR THE        7,725        

CHILDREN MAY CONTINUE MAKING PAYMENT FOR MEDICAL, OPTICAL,         7,726        

HOSPITAL, DENTAL, OR PRESCRIPTION SERVICES DIRECTLY TO ANY HEALTH  7,727        

CARE PROVIDER IN ACCORDANCE WITH THE APPLICABLE HEALTH INSURANCE   7,728        

                                                          183    

                                                                 
OR HEALTH CARE POLICY, CONTRACT, OR PLAN;                          7,729        

      (4)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE          7,731        

DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH      7,732        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN FOR WHICH THEY  7,733        

CONTRACT;                                                          7,734        

      (5)  A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH    7,736        

OF THEM UNDER A FORMULA ESTABLISHED BY THE CHILD SUPPORT           7,737        

ENFORCEMENT AGENCY PAY COPAYMENT OR DEDUCTIBLE COSTS REQUIRED      7,738        

UNDER THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR     7,739        

PLAN THAT COVERS THE CHILDREN;                                     7,740        

      (6)  A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE    7,742        

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO        7,744        

RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT       7,745        

AGENCY UPON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE       7,746        

HEALTH INSURANCE COVERAGE, INCLUDING, BUT NOT LIMITED TO, THE      7,747        

NAME AND ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN  7,748        

NUMBER, AND TO OTHERWISE COMPLY WITH THIS SECTION AND ANY COURT    7,749        

ORDER ISSUED UNDER THIS SECTION;                                                

      (7)  A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF     7,751        

BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE ADMINISTRATIVE       7,752        

CHILD SUPPORT ORDER;                                               7,753        

      (8)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY   7,755        

WITH ANY REQUIREMENT DESCRIBED IN DIVISION (B)(1), (2), AND (4),   7,756        

AND (C)(1) AND (4) OF THIS SECTION THAT IS CONTAINED IN THE ORDER  7,757        

ISSUED UNDER SECTION 3111.20, 3111.211, OR 3111.22 OF THE REVISED  7,759        

CODE NO LATER THAN THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER.    7,761        

      (9)  A NOTICE THAT, IF THE OBLIGOR OR OBLIGEE IS REQUIRED    7,763        

TO OBTAIN HEALTH INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE  7,765        

SUPPORT ORDER FOR THE CHILDREN AND IF THE OBLIGOR OR OBLIGEE       7,766        

FAILS TO OBTAIN THE HEALTH INSURANCE COVERAGE, THE CHILD SUPPORT   7,767        

ENFORCEMENT AGENCY WILL COMPLY WITH DIVISION (D) OF THIS SECTION   7,768        

TO OBTAIN A COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO        7,769        

OBTAIN THE HEALTH INSURANCE COVERAGE;                              7,770        

      (10)  A NOTICE THAT STATES THE FOLLOWING:  "IF THE PERSON    7,772        

                                                          184    

                                                                 
REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE          7,773        

CHILDREN SUBJECT TO THIS ADMINISTRATIVE SUPPORT ORDER OBTAINS NEW  7,775        

EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS   7,776        

PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY    7,777        

WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION 3111.241 OF THE   7,778        

REVISED CODE WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE          7,781        

REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY    7,782        

TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED  7,783        

BY THE NEW EMPLOYER."                                                           

      (D)  IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH      7,785        

INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE SUPPORT ORDER     7,787        

ISSUED IN ACCORDANCE WITH THIS SECTION DOES NOT OBTAIN THE                      

REQUIRED HEALTH INSURANCE COVERAGE WITHIN THIRTY DAYS AFTER THE    7,789        

ADMINISTRATIVE SUPPORT ORDER IS ISSUED, THE CHILD SUPPORT          7,790        

ENFORCEMENT AGENCY SHALL NOTIFY THE COURT OF COMMON PLEAS OF THE   7,791        

COUNTY IN WHICH THE AGENCY IS LOCATED IN WRITING OF THE FAILURE    7,792        

TO COMPLY WITH THE ADMINISTRATIVE SUPPORT ORDER.  ON RECEIPT OF    7,793        

THE NOTICE FROM THE AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE  7,794        

EMPLOYER OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH       7,795        

INSURANCE COVERAGE REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION  7,796        

IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE  7,797        

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE      7,799        

GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN    7,800        

WITH COVERAGE FOR THE CHILDREN, TO SUBMIT A COPY OF THE            7,801        

ADMINISTRATIVE SUPPORT ORDER TO THE INSURER AT THE TIME THAT THE   7,802        

EMPLOYER MAKES APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH    7,804        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN, AND, IF THE    7,805        

APPLICATION IS ACCEPTED, TO DEDUCT FROM THE WAGES OR OTHER INCOME  7,806        

OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE      7,807        

COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN.  ON RECEIPT    7,809        

OF ANY COURT ORDER UNDER THIS DIVISION, THE EMPLOYER SHALL TAKE    7,810        

WHATEVER ACTION IS NECESSARY TO COMPLY WITH THE COURT ORDER.       7,811        

      (E)(1)  IF AN OBLIGOR OR OBLIGEE IS REQUIRED TO OBTAIN       7,814        

HEALTH INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE SUPPORT    7,815        

                                                          185    

                                                                 
ORDER IN ACCORDANCE WITH THIS SECTION AND THE OBLIGOR OR OBLIGEE   7,816        

OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN      7,817        

EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD        7,818        

SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE WHETHER THE NEW       7,819        

EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT WOULD COVER THE     7,820        

CHILDREN.  IF THE AGENCY DETERMINES THAT THE NEW EMPLOYER          7,821        

PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD COVER THE CHILDREN,  7,822        

THE AGENCY SHALL SEND A NOTICE DESCRIBED IN DIVISION (E)(2) OF     7,824        

THIS SECTION AND A COPY OF THE ADMINISTRATIVE SUPPORT ORDER TO     7,825        

THE NEW EMPLOYER AND SHALL SEND A COPY OF THE NOTICE TO THE        7,826        

OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH           7,827        

INSURANCE COVERAGE UNDER THE ADMINISTRATIVE SUPPORT ORDER.  ON     7,828        

RECEIPT OF THE NOTICE, THE NEW EMPLOYER SHALL COMPLY WITH ITS      7,829        

PROVISIONS.                                                                     

      (2)  THE NOTICE REQUIRED BY DIVISION (E)(1) SHALL CONTAIN    7,832        

THE FOLLOWING:                                                     7,833        

      (a)  A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER       7,836        

ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR   7,837        

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  7,838        

IN ANY AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY,     7,839        

CONTRACT, OR PLAN WITH COVERAGE FOR THE CHILDREN;                  7,840        

      (b)  A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF    7,843        

THE ADMINISTRATIVE SUPPORT ORDER REQUIRING THE OBLIGOR OR OBLIGEE  7,844        

TO OBTAIN HEALTH CARE INSURANCE FOR THE CHILDREN TO THE INSURER    7,845        

AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO ENROLL THE      7,846        

CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT,  7,847        

OR PLAN;                                                                        

      (c)  A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED,     7,850        

THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE      7,851        

OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN THE HEALTH       7,852        

INSURANCE COVERAGE, THE COST OF THE COVERAGE FOR THE CHILDREN;     7,853        

      (d)  A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE       7,856        

FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE     7,857        

ADMINISTRATIVE SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE                      

                                                          186    

                                                                 
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS      7,858        

AFTER THE DATE ON WHICH THE NOTICE IS SENT, FILES A WRITTEN        7,859        

REQUEST WITH THE AGENCY REQUESTING MODIFICATION OF THE             7,860        

ADMINISTRATIVE SUPPORT ORDER PURSUANT TO SECTION 3111.27 OF THE    7,861        

REVISED CODE.                                                      7,862        

      (F)  Any administrative SUPPORT order issued under IN        7,865        

ACCORDANCE WITH, OR ANY COURT ORDER ISSUED UNDER DIVISION (D) OF,  7,866        

this section shall be binding upon the obligor and the obligee,    7,868        

their employers, and any insurer that provides health insurance    7,869        

coverage for either of them or their children.  The agency shall   7,870        

send a copy of any THE administrative SUPPORT order issued under   7,872        

this section that contains any requirement or notice described in  7,873        

division (B)(1), (2), (3), (4), (7), (8), or (10) of this section  7,875        

OR COURT ORDER by ordinary mail to the obligor, the obligee, and   7,876        

any employer that is subject to the administrative order OR COURT  7,877        

ORDER.  The agency shall send a copy of any administrative order   7,879        

issued under this section that contains any requirement contained  7,880        

in division (B)(9) of this section by ordinary mail to the         7,881        

obligor and obligee.                                                            

      (E)  If an obligor does not comply with any administrative   7,883        

order issued under this section that contains any requirement or   7,884        

notice described in division (B)(1), (2), (4), (7), (8), or (10)   7,885        

of this section within thirty days after the administrative order  7,886        

is issued, the child support enforcement agency shall notify the   7,887        

court of common pleas of the county in which the agency is         7,888        

located in writing of the failure of the obligor to comply with    7,889        

the administrative order.  Upon receipt of the notice from the     7,890        

agency, the court shall issue an order to the employer of the      7,891        

obligor requiring the employer to take whatever action is          7,892        

necessary to make application to enroll the obligor in any         7,893        

available group health insurance or health care policy, contract,  7,894        

or plan with coverage for the children who are the subject of the  7,895        

administrative child support order, to submit a copy of the        7,896        

administrative order issued pursuant to division (B) of this       7,897        

                                                          187    

                                                                 
section to the insurer at the time that the employer makes         7,898        

application to enroll the children in the health insurance or      7,899        

health care policy, contract, or plan, and, if the obligor's       7,900        

application is accepted, to deduct from the wages or other income  7,901        

of the obligor the cost of the coverage for the children.  Upon    7,902        

receipt of any court order under this division, the employer       7,903        

shall take whatever action is necessary to comply with the court   7,904        

order.                                                             7,905        

      (G)(1)  During the time that any administrative SUPPORT      7,907        

ORDER ISSUED IN ACCORDANCE WITH, or court order issued under       7,909        

DIVISION (D) OF, this section is in effect and after the employer  7,911        

has received a copy of the administrative SUPPORT ORDER or court   7,912        

order, the employer of the obligor who is the subject of OR        7,913        

OBLIGEE REQUIRED TO COMPLY WITH the administrative SUPPORT ORDER   7,914        

or court order shall comply with the administrative SUPPORT ORDER  7,915        

or court order and, upon request from the obligee OTHER PARENT or  7,917        

THE agency, shall release to the obligee THAT OTHER PARENT and     7,919        

the child support enforcement agency all information about the     7,921        

obligor's health insurance coverage that is necessary to ensure    7,922        

compliance with this section or any administrative SUPPORT ORDER   7,923        

ISSUED IN ACCORDANCE WITH, or court order issued under DIVISION    7,924        

(D) OF, this section, including, but not limited to, the name and  7,925        

address of the insurer and any policy, contract, or plan number.   7,926        

Any information provided by an employer pursuant to this division  7,927        

shall be used only for the purpose of the enforcement of an THE    7,928        

administrative SUPPORT ORDER or court order issued under this      7,929        

section.                                                           7,930        

      (2)  Any employer who receives a copy of an THE              7,932        

administrative SUPPORT ORDER or court order issued under this      7,934        

section shall notify the child support enforcement agency of any   7,935        

change in or the termination of the obligor's health insurance     7,936        

coverage that is maintained pursuant to an THE order issued under  7,937        

this section.                                                                   

      (F)(3)  Any insurer that receives a copy of an               7,939        

                                                          188    

                                                                 
administrative SUPPORT order OR COURT ORDER issued under IN        7,940        

ACCORDANCE WITH this section shall comply with this section and    7,942        

any administrative order issued under this section, regardless of  7,943        

the residence of the children.  If an insurer provides health      7,944        

insurance coverage for the children who are the subject of an      7,945        

administrative child support order in accordance with an THE       7,946        

ADMINISTRATIVE SUPPORT order OR COURT ORDER issued under DIVISION  7,947        

(D) OF this section, the insurer shall reimburse the parent, who   7,948        

is designated to receive reimbursement in the administrative       7,949        

SUPPORT order issued under this section, for covered               7,951        

out-of-pocket medical, optical, hospital, dental, or prescription  7,952        

expenses incurred on behalf of the children subject to the         7,953        

administrative order.                                                           

      (G)(H)  If an obligee under an administrative child support  7,955        

order ISSUED IN ACCORDANCE WITH THIS SECTION is eligible for       7,956        

medical assistance under Chapter 5111. or 5115. of the Revised     7,958        

Code and the obligor has obtained health insurance coverage        7,959        

pursuant to an administrative order issued under division (B) of   7,960        

this section, the obligee shall notify any physician, hospital,    7,961        

or other provider of medical services for which medical            7,962        

assistance is available of the name and address of the obligor's   7,963        

insurer and of the number of the obligor's health insurance or     7,964        

health care policy, contract, or plan.  Any physician, hospital,   7,965        

or other provider of medical services for which medical            7,966        

assistance is available under Chapter 5111. or 5115. of the        7,967        

Revised Code who is notified under this division of the existence  7,968        

of a health insurance or health care policy, contract, or plan     7,969        

with coverage for children who are eligible for medical                         

assistance first shall bill the insurer for any services provided  7,970        

for those children.  If the insurer fails to pay all or any part   7,971        

of a claim filed under this division by the physician, hospital,   7,972        

or other medical services provider and the services for which the  7,973        

claim is filed are covered by Chapter 5111. or 5115. of the        7,974        

Revised Code, the physician, hospital, or other medical services   7,976        

                                                          189    

                                                                 
provider shall bill the remaining unpaid costs of the services in  7,977        

accordance with Chapter 5111. or 5115. of the Revised Code.        7,978        

      (H)(I)  Any obligor who fails to comply with an              7,980        

administrative SUPPORT order issued under IN ACCORDANCE WITH, OR   7,981        

A COURT ORDER ISSUED UNDER DIVISION (D) OF, this section is        7,982        

liable to the obligee for any medical expenses incurred as a       7,984        

result of the failure to comply with the administrative order.     7,985        

AN OBLIGEE WHO FAILS TO COMPLY WITH AN ADMINISTRATIVE SUPPORT      7,986        

ORDER ISSUED IN ACCORDANCE WITH, OR A COURT ORDER ISSUED UNDER     7,987        

DIVISION (D) OF, THIS SECTION IS LIABLE TO THE OBLIGOR FOR ANY     7,988        

MEDICAL EXPENSES INCURRED AS A RESULT OF THE FAILURE TO COMPLY                  

WITH THE ORDER.                                                    7,989        

      (I)(J)  Nothing in this section shall be construed to        7,991        

require an insurer to accept for enrollment any child who does     7,992        

not meet the underwriting standards of the health insurance or     7,993        

health care policy, contract, or plan for which application is     7,994        

made.                                                                           

      (J)  If any person fails to comply with an administrative    7,996        

(K)  WHOEVER VIOLATES A COURT order issued under DIVISION (D) OF   7,998        

this section, the agency may bring an action under section         8,000        

3111.242 of the Revised Code in the juvenile court of the county   8,001        

in which the agency is located requesting the court to find the    8,002        

obligor or any other person in MAY BE PUNISHED AS FOR contempt     8,003        

pursuant to section 2705.02 of the Revised Code.                   8,004        

      (L)  AN ADMINISTRATIVE ORDER ISSUED PURSUANT TO THIS         8,007        

SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT TO PROVIDE   8,008        

FOR THE HEALTH CARE NEEDS OF CHILDREN SUBJECT TO AN                8,009        

ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO FORMER SECTION     8,010        

3111.21 OR SECTION 3111.20 OR 3111.22 OF THE REVISED CODE SHALL    8,012        

REMAIN IN FULL FORCE AND EFFECT AND SHALL BE CONSIDERED A          8,013        

REQUIREMENT INCLUDED AS PART OF THE ADMINISTRATIVE SUPPORT ORDER.  8,014        

THE ADMINISTRATIVE SUPPORT ORDER SHALL BE SUBJECT TO THE           8,015        

PROVISIONS OF THIS SECTION ON AND AFTER THE EFFECTIVE DATE OF      8,016        

THIS AMENDMENT.                                                                 

                                                          190    

                                                                 
      Sec. 3111.242.  (A)  If an obligor or any other person       8,025        

fails to comply with an administrative order issued under FORMER   8,027        

SECTION 3111.21 OR section 3111.20, 3111.21 3111.211, OR 3111.22,  8,029        

or 3111.241 of the Revised Code, the child support enforcement     8,031        

agency that issued the administrative order may request the        8,032        

juvenile court of the county in which the agency is located to                  

find the obligor or other person in contempt pursuant to section   8,033        

2705.02 of the Revised Code.                                       8,034        

      (B)  IF AN ALLEGED FATHER OR NATURAL MOTHER WILLFULLY FAILS  8,037        

TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER, NATURAL       8,038        

MOTHER, OR ANY OTHER PERSON WHO IS THE CUSTODIAN OF THE CHILD      8,039        

WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, AS         8,040        

REQUIRED BY AN ORDER FOR GENETIC TESTING ISSUED UNDER SECTION      8,041        

3111.22 OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY  8,044        

THAT ISSUED THE ORDER MAY REQUEST THAT THE JUVENILE COURT OF THE   8,045        

COUNTY IN WHICH THE AGENCY IS LOCATED FIND THE ALLEGED FATHER,     8,046        

NATURAL MOTHER, OR OTHER PERSON IN CONTEMPT PURSUANT TO SECTION    8,047        

2705.02 OF THE REVISED CODE.                                       8,049        

      Sec. 3111.25.  (A)(1)  For purposes of this section, a       8,058        

withholding or deduction order that was issued prior to December   8,059        

31, 1993, under division (A)(1), (2), (4), or (5) of section       8,060        

3111.23 of the Revised Code as the division existed prior to that  8,061        

date and that has not been terminated on or after December 31,     8,062        

1993, shall be considered to be a withholding or deduction notice  8,063        

issued under divisions (A) and (B)(1), OR (2), (4), or (5) of      8,065        

section 3111.23 of the Revised Code.                               8,066        

      (2)  An employer A PAYOR that fails to withhold an amount    8,068        

from an obligor's personal earnings INCOME for support in          8,070        

accordance with a withholding requirement contained in a           8,072        

withholding notice issued under divisions (A) and (B)(1) of        8,073        

section 3111.23 of the Revised Code, an employer that is paying    8,074        

an obligor's workers' compensation benefits and that fails to      8,075        

withhold the obligor's workers' compensation benefits for support  8,076        

in accordance with a withholding requirement contained in a        8,077        

                                                          191    

                                                                 
withholding notice issued under divisions (A) and (B)(2) of        8,078        

section 3111.23 of the Revised Code, OR a financial institution    8,079        

that fails to deduct funds from an obligor's account for support   8,080        

in accordance with a deduction requirement contained in a          8,081        

deduction notice issued under divisions (A) and (B)(5)(2) of       8,082        

section 3111.23 of the Revised Code, or any other person that      8,084        

fails to withhold or deduct an amount from the income of an        8,085        

obligor in accordance with a withholding or deduction requirement  8,086        

contained in a withholding or deduction notice issued under        8,087        

divisions (A) and (B)(4) of section 3111.23 of the Revised Code    8,088        

is liable for the amount that was not withheld or deducted,        8,089        

provided that no PAYOR THAT IS AN employer whose normal pay and    8,091        

disbursement cycles make it impossible to comply with a                         

withholding requirement contained in a withholding notice issued   8,092        

under divisions (A) and (B)(1) of section 3111.23 of the Revised   8,093        

Code shall be liable for the amount not withheld if the employer,  8,094        

as soon as possible after the employer's receipt of the            8,095        

withholding notice, provides the agency that issued the            8,096        

withholding notice with written notice of the impossibility and    8,097        

the reasons for the impossibility.  An employer who is liable      8,098        

under this provision for an amount that was not withheld shall be  8,099        

ordered by the agency to pay that amount to the DIVISION OF child  8,100        

support enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES,    8,102        

to be disbursed in accordance with the administrative support      8,104        

order for the benefit of the child or spouse.                      8,105        

      (B)  No PAYOR THAT IS AN employer may use a requirement to   8,107        

withhold personal earnings contained in a withholding notice       8,109        

issued under divisions (A) and (B)(1) of section 3111.23 of the    8,110        

Revised Code as a basis for a discharge of, or for any             8,111        

disciplinary action against, an employee, or as a basis for a      8,112        

refusal to employ a person.                                                     

      Sec. 3111.26.  If a child support enforcement agency is      8,121        

requested to determine the existence or nonexistence of a parent   8,122        

and child relationship pursuant to sections 3111.21 3111.22 to     8,123        

                                                          192    

                                                                 
3111.29 of the Revised Code, the administrative officer shall      8,125        

provide notice of the determination request pursuant to the Rules               

of Civil Procedure to the natural mother of the child who is the   8,126        

subject of the request, each man presumed to be the father of the  8,127        

child under section 3111.03 of the Revised Code, and each man      8,128        

alleged to be the natural father of the child.  IF THE AGENCY IS   8,129        

UNABLE TO OBTAIN SERVICE OF PROCESS ON THE PRESUMED FATHER,        8,130        

ALLEGED FATHER, OR NATURAL MOTHER WITHIN THE TIME PERIOD           8,131        

DESCRIBED IN DIVISION (C)(1) OF SECTION 3111.22 OF THE REVISED     8,133        

CODE, THE AGENCY SHALL PROCEED WITH THE GENETIC TESTING AS         8,134        

PROVIDED IN THAT SECTION.                                                       

      Sec. 3111.27.  (A)  No later than May 1, 1992, the           8,143        

department of human services shall adopt rules in accordance with  8,144        

Chapter 119. of the Revised Code establishing a procedure          8,145        

substantially similar to the procedure adopted pursuant to         8,146        

section 3113.216 of the Revised Code for determining when          8,147        

existing administrative support orders should be reviewed to       8,148        

determine whether it is necessary or in the best interest of the   8,149        

child who is the subject of the administrative support order to    8,150        

modify:                                                            8,151        

      (1)  THE SUPPORT AMOUNT ORDERED UNDER the administrative     8,153        

support order and to calculate any modification TO THE SUPPORT     8,155        

AMOUNT in accordance with section 3113.215 of the Revised Code;    8,157        

      (2)  THE PROVISIONS FOR THE CHILD'S HEALTH CARE NEEDS IN     8,159        

THE ADMINISTRATIVE SUPPORT ORDER AND TO MAKE THE MODIFICATION IN   8,160        

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              8,161        

      (B)(1)  If a child support enforcement agency, periodically  8,163        

or upon the request of the obligee or obligor, plans to review an  8,164        

administrative support order in accordance with the rules adopted  8,165        

pursuant to division (A) of this section or otherwise is           8,166        

requested to review an administrative support order, it shall do   8,167        

all the following prior to formally beginning the review:          8,168        

      (a)  Establish a date certain upon which the review shall    8,170        

begin;                                                             8,171        

                                                          193    

                                                                 
      (b)  At least sixty days before formally beginning the       8,173        

review, send the obligor and obligee notice of the planned review  8,174        

and of the date when the review will formally begin;               8,175        

      (c)  Request the obligor to provide the agency, no later     8,177        

than the scheduled date for formally beginning the review, with a  8,178        

copy of the obligor's federal income tax return from the previous  8,179        

year, a copy of all pay stubs obtained by the obligor within the   8,180        

preceding six months, a copy of all records evidencing the         8,181        

receipt of salary, wages, or compensation by the obligor within    8,182        

the preceding six months, A LIST OF THE GROUP HEALTH INSURANCE     8,183        

AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE    8,184        

OBLIGOR AND THEIR COSTS, THE CURRENT GROUP HEALTH INSURANCE OR     8,185        

HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS   8,186        

ENROLLED AND ITS COST, and any other information necessary to      8,187        

properly review the administrative support order, and request the  8,188        

obligee to provide the agency, no later than the scheduled date    8,189        

for review to formally begin, with a copy of the obligee's         8,190        

federal income tax returns from the previous year, a copy of all   8,191        

pay stubs obtained by the obligee within the preceding six         8,192        

months, a copy of all records evidencing the receipt of salary,    8,195        

wages, or compensation by the obligee within the preceding six     8,196        

months, A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE       8,198        

POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR  8,199        

COSTS, THE CURRENT GROUP HEALTH INSURANCE OR HEALTH CARE POLICY,   8,200        

CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS      8,201        

COST, and any other information necessary to properly review the   8,203        

administrative support order;                                                   

      (d)  Include in the notice sent pursuant to division         8,205        

(B)(1)(b) of this section, a notice that if either the obligor or  8,206        

obligee fails to comply with the request for information, the      8,207        

agency may bring an action under section 3111.28 of the Revised    8,208        

Code requesting the court to find the obligor and the obligee in   8,210        

contempt pursuant to section 2705.02 of the Revised Code.                       

      (2)  If either the obligor or obligee fails to comply with   8,212        

                                                          194    

                                                                 
the request made pursuant to division (B)(1)(c) of this section,   8,213        

the agency may bring an action under section 3111.28 of the        8,214        

Revised Code in the court of common pleas of the county in which   8,215        

the agency is located requesting the court to issue an order       8,216        

requiring an obligor and obligee to comply with the agency's       8,217        

request for information pursuant to division (B)(1)(c) of this     8,218        

section.  If the obligor or obligee fails to comply with the       8,219        

court order issued pursuant to section 3111.28 of the Revised      8,220        

Code requiring compliance with the administrative request for      8,221        

information, the obligor or obligee is in contempt of court.  In   8,223        

the action brought under section 3111.28 of the Revised Code, the               

agency may request the court to issue an order to require the      8,225        

obligor or obligee to provide the necessary information or to      8,226        

permit the agency to take whatever action is necessary to obtain   8,227        

information and make any reasonable assumptions necessary with     8,228        

respect to the income of INFORMATION the person in contempt DID    8,230        

NOT PROVIDE to ensure a fair and equitable review of the           8,232        

administrative child support order.  If the agency decides to                   

conduct the review based on the reasonable assumptions with        8,233        

respect to the income of INFORMATION the person in contempt DID    8,235        

NOT PROVIDE, it shall proceed in accordance with the rules         8,236        

adopted by the department of human services pursuant to division   8,237        

(A) of this section.                                                            

      (C)(1)  If the agency determines that a modification is      8,239        

necessary and in the best interest of the child who is the         8,240        

subject of the administrative support order, the agency shall      8,241        

calculate the amount the obligor shall pay in accordance with      8,242        

section 3113.215 of the Revised Code.  The agency may not deviate  8,243        

from the guidelines set forth in section 3113.215 of the Revised   8,244        

Code.                                                              8,245        

      (2)  If the agency cannot set the amount of support the      8,247        

obligor shall pay without deviating from the guidelines set forth  8,248        

in section 3113.215 of the Revised Code, the agency shall bring    8,249        

an action under section 2151.231 of the Revised Code on behalf of  8,250        

                                                          195    

                                                                 
the person who requested the agency to review the existing         8,251        

administrative order or if no one requested the review, on behalf  8,252        

of the obligee, in the court of common pleas of the county in      8,253        

which the agency is located requesting the court to issue a        8,254        

support order in accordance with sections 3113.21 to 3113.219 of   8,255        

the Revised Code.                                                  8,256        

      (3)  WHEN IT REVIEWS AN ADMINISTRATIVE SUPPORT ORDER         8,258        

PURSUANT TO THIS SECTION, THE AGENCY SHALL CONSIDER WHETHER THE    8,259        

PROVISION FOR THE CHILD'S HEALTH CARE NEEDS IN THE ADMINISTRATIVE  8,261        

SUPPORT ORDER IS ADEQUATE.  IF THE AGENCY DETERMINES THAT THE      8,262        

ADMINISTRATIVE SUPPORT ORDER DOES NOT PROVIDE ADEQUATELY FOR THE   8,263        

CHILD'S HEALTH CARE NEEDS, THE AGENCY SHALL MODIFY THE ORDER IN    8,264        

ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE.              8,266        

      (D)(1)  If the agency modifies an existing administrative    8,268        

support order, the agency shall provide the obligee and obligor    8,269        

with notice of the change and shall include in the notice a        8,270        

statement that the obligor or obligee may object to the modified   8,271        

administrative support order by initiating an action under         8,272        

section 2151.231 of the Revised Code in the juvenile court of the  8,273        

county in which the mother, the father, the child, or the          8,274        

guardian or custodian of the child resides.                        8,275        

      (2)  IF THE AGENCY MODIFIES AN EXISTING ADMINISTRATIVE       8,278        

SUPPORT ORDER, THE MODIFICATION SHALL RELATE BACK TO THE FIRST     8,279        

DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW                 

BEGAN UNDER DIVISION (B)(1)(a) OF THIS SECTION.                    8,282        

      Sec. 3111.28.  (A)  If an employer, a PAYOR OR A financial   8,291        

institution, an employer that is paying the obligor's workers'     8,292        

compensation benefits, the public employees retirement board, the  8,293        

board, board of trustees, or other governing entity of any         8,294        

municipal retirement system, the board of trustees of the police   8,295        

and firemen's disability and pension fund, the state teachers      8,297        

retirement board, the school employees retirement board, the       8,298        

state highway patrol retirement board, the person paying or        8,299        

otherwise distributing an obligor's income, or the bureau of       8,300        

                                                          196    

                                                                 
workers' compensation fails to comply with a withholding or        8,301        

deduction requirement contained in a withholding or deduction      8,302        

notice issued under section 3111.23 of the Revised Code, the       8,303        

child support enforcement agency that issued the withholding or    8,304        

deduction notice shall request the court to find the employer,     8,305        

PAYOR OR financial institution, employer that is paying the        8,308        

obligor's workers' compensation benefits, public employees         8,309        

retirement board, board, board of trustees, or other governing     8,310        

entity of the municipal retirement system, board of trustees of    8,311        

the police and firemen's disability and pension fund, state        8,312        

teachers retirement board, school employees retirement board,      8,313        

state highway patrol retirement board, person paying or otherwise  8,314        

distributing an obligor's income, or bureau of workers'                         

compensation person in contempt pursuant to section 2705.02 of     8,316        

the Revised Code.                                                               

      (B)  If an obligor or obligee fails to comply with a child   8,318        

support enforcement agency's request for information pursuant to   8,319        

section 3111.27 of the Revised Code, the agency may request the    8,320        

court of common pleas of the county in which the agency is         8,321        

located to issue an order requiring the obligor or obligee to      8,322        

provide the necessary information or to permit the agency to take  8,323        

whatever action is necessary to obtain information and make any    8,324        

reasonable assumptions necessary with respect to the income of     8,325        

the person who failed to comply with the request to ensure a fair  8,326        

and equitable review of the administrative child support order.    8,327        

If the obligor or obligee fails to comply with a court order       8,328        

requiring compliance with the agency's request for information,    8,329        

the obligor or obligee is in contempt of court.  If an obligor or  8,330        

obligee is in contempt of court, the agency may request the court  8,331        

to hold the person who failed to comply in contempt or to permit   8,332        

the agency to take whatever action is necessary to obtain          8,333        

information and make any reasonable assumptions necessary with     8,334        

respect to the income of the person who failed to comply with the  8,335        

request to ensure a fair and equitable review of the               8,336        

                                                          197    

                                                                 
administrative child support order.                                8,337        

      Sec. 3111.37.  (A)  If a married woman is the subject of a   8,346        

non-spousal artificial insemination and if her husband consented   8,347        

to the artificial insemination, the husband shall be treated in    8,348        

law and regarded as the natural father of a child conceived as a   8,349        

result of the artificial insemination, and a child so conceived    8,350        

shall be treated in law and regarded as the natural child of the   8,351        

husband.  A presumption that arises under division (A)(1) or (2)   8,352        

of section 3111.03 of the Revised Code is conclusive with respect  8,353        

to this father and child relationship, and no action OR            8,354        

PROCEEDING under sections 3111.01 to 3111.19 OR SECTION 3111.22    8,356        

of the Revised Code shall affect the relationship.                 8,358        

      (B)  If a woman is the subject of a non-spousal artificial   8,360        

insemination, the donor shall not be treated in law or regarded    8,361        

as the natural father of a child conceived as a result of the      8,362        

artificial insemination, and a child so conceived shall not be     8,363        

treated in law or regarded as the natural child of the donor.  No  8,364        

action OR PROCEEDING under sections 3111.01 to 3111.19 OR SECTION  8,366        

3111.22 of the Revised Code shall affect these consequences.       8,367        

      Sec. 3111.99.  (A)  For purposes of this section,            8,377        

"administrative support order" and "obligor" have the same         8,378        

meaning as in section 3111.20 of the Revised Code.                 8,379        

      (B)  Whoever violates section 3111.29 of the Revised Code    8,381        

is guilty of interfering with the establishment of paternity, a    8,382        

misdemeanor of the first degree.                                   8,383        

      (C)  An obligor who violates division (B)(1)(c) of section   8,386        

3111.23 of the Revised Code shall be fined not more than fifty     8,387        

dollars for a first offense, not more than one hundred dollars                  

for a second offense, and not more than five hundred dollars for   8,388        

each subsequent offense.                                           8,389        

      (D)  An obligor who violates division (E)(2) of section      8,391        

3111.23 of the Revised Code shall be fined not more than fifty     8,392        

dollars for a first offense, not more than one hundred dollars     8,394        

for a second offense, and not more than five hundred dollars for   8,395        

                                                          198    

                                                                 
each subsequent offense.                                                        

      (E)  A fine imposed pursuant to division (C) or (D) of this  8,398        

section shall be paid to the DIVISION OF child support                          

enforcement agency administering the obligor's child support       8,400        

order IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO          8,402        

DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED CODE, THE CHILD  8,403        

SUPPORT ENFORCEMENT AGENCY.  The amount of the fine that does not  8,405        

exceed the amount of arrearage the obligor owes under the                       

administrative support order shall be disbursed in accordance      8,406        

with the support order.  The amount of the fine that exceeds the   8,407        

amount of the arrearage under the support order shall be used by   8,408        

the agency for the administration of its program for child         8,409        

support enforcement CALLED PROGRAM INCOME AND SHALL BE COLLECTED   8,410        

IN ACCORDANCE WITH SECTION 5101.325 OF THE REVISED CODE.                        

      Sec. 3113.04.  (A)  Sentence may be suspended if a person,   8,419        

after conviction under section 2919.21 of the Revised Code and     8,420        

before sentence under that section, appears before the court of    8,421        

common pleas in which the conviction took place and enters into    8,422        

bond to the state in a sum fixed by the court at not less than     8,423        

five hundred nor more than one thousand dollars, with sureties     8,424        

approved by the court, conditioned that the person will furnish    8,425        

the child or other dependent with necessary or proper home, care,  8,426        

food, and clothing, or will pay promptly each week for such        8,427        

purpose to the DIVISION OF child support enforcement agency IN     8,429        

THE DEPARTMENT OF HUMAN SERVICES, a sum to be fixed by the         8,430        

agency.  The child support enforcement agency shall comply with    8,431        

sections 3113.21 to 3113.219 of the Revised Code when it fixes     8,432        

the sum to be paid TO THE DIVISION.                                             

      (B)  Each order for child support made or modified under     8,434        

this section on or after December 31, 1993, shall include as part  8,435        

of the order a general provision, as described in division (A)(1)  8,436        

of section 3113.21 of the Revised Code, requiring the withholding  8,437        

or deduction of wages INCOME or assets of the obligor under the    8,438        

order as described in division (D) of section 3113.21 of the       8,440        

                                                          199    

                                                                 
Revised Code or another type of appropriate requirement as         8,441        

described in division (D)(6)(3), (D)(7)(4) or (H) of that          8,442        

section, to ensure that withholding or deduction from the wages    8,444        

INCOME or assets of the obligor is available from the              8,446        

commencement of the support order for collection of the support    8,447        

and of any arrearages that occur; a statement requiring all        8,448        

parties to the order to notify the child support enforcement       8,449        

agency in writing of their current mailing address, their current  8,450        

residence address, CURRENT RESIDENT TELEPHONE NUMBER, CURRENT      8,451        

DRIVER'S LICENSE NUMBER, and any changes in either address TO      8,452        

THAT INFORMATION, and a notice that the requirement to notify the  8,453        

agency of all changes in either address TO THAT INFORMATION        8,454        

continues until further notice from the court.  If any person      8,456        

required to pay child support under an order made under this       8,457        

section on or after April 15, 1985, or modified on or after        8,458        

December 1, 1986, is found in contempt of court for failure to     8,459        

make support payments under the order, the court that makes the    8,460        

finding, in addition to any other penalty or remedy imposed,       8,461        

shall assess all court costs arising out of the contempt           8,462        

proceeding against the person and require the person to pay any    8,463        

reasonable attorney's fees of any adverse party, as determined by  8,464        

the court, that arose in relation to the act of contempt.          8,465        

      (C)  Notwithstanding section 3109.01 of the Revised Code,    8,467        

if a court issues a child support order under this section, the    8,468        

order shall remain in effect beyond the child's eighteenth         8,469        

birthday as long as the child continuously attends on a full-time  8,470        

basis any recognized and accredited high school, THE CHILD HAS A   8,473        

DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 5123.01 OF THE      8,474        

REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF    8,476        

THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.        8,477        

EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY  8,478        

OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY   8,479        

PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT   8,480        

REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any        8,481        

                                                          200    

                                                                 
parent ordered to pay support under a child support order issued   8,483        

under this section shall continue to pay support under the order,  8,484        

including during seasonal vacation periods, until the order        8,485        

terminates.                                                        8,486        

      Sec. 3113.07.  As used in this section, "executive           8,495        

director" has the same meaning as in section 5153.01 of the        8,496        

Revised Code.                                                      8,497        

      Sentence may be suspended, if a person, after conviction     8,499        

under section 3113.06 of the Revised Code and before sentence      8,500        

thereunder, appears before the court of common pleas in which      8,501        

such conviction took place and enters into bond to the state in a  8,502        

sum fixed by the court at not less than five hundred dollars,      8,503        

with sureties approved by such court, conditioned that such        8,504        

person will pay, so long as the child remains a ward of the        8,505        

county children services board or county department of human       8,506        

services or a recipient of aid pursuant to Chapter 5107. or 5115.  8,508        

of the Revised Code, to the executive director thereof or to a     8,509        

trustee to be named by the court, for the benefit of such                       

department or board or if the child is a recipient of aid          8,510        

pursuant to Chapter 5107. or 5115. of the Revised Code, to the     8,512        

county department of human services, the reasonable cost of        8,513        

keeping such child.  The amount of such costs and the time of                   

payment shall be fixed by the court.                               8,514        

      THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE        8,517        

REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS  8,519        

SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE    8,520        

FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE  8,521        

COURT.                                                                          

      Sec. 3113.21.  (A)(1)  In any action in which support is     8,530        

ordered under Chapter 3115. or under section 2151.23, 2151.231,    8,531        

2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,    8,534        

3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the    8,536        

Revised Code, the court shall require the withholding or           8,537        

deduction of wages INCOME or assets of the obligor in accordance   8,538        

                                                          201    

                                                                 
with division (D) of this section or require the issuance of       8,539        

another type of appropriate court order in accordance with         8,540        

division (D)(6)(3) or (7)(4) or (H) of this section to ensure      8,542        

that withholding or deduction from the wages INCOME or assets of   8,543        

the obligor is available from the commencement of the support      8,545        

order for the collection of the support and any arrearages that    8,546        

occur.  The court shall determine the specific withholding or      8,547        

deduction requirements or other appropriate requirements           8,548        

applicable to the obligor under the support order in accordance    8,549        

with divisions (D) and (H) of this section and section 2301.371    8,550        

of the Revised Code and shall include the specific requirements    8,551        

in the notices described in divisions (A)(2) and (D) of this       8,552        

section or in the court orders described in divisions (A)(2),      8,553        

(D)(6)(3) or (7)(4), and (H) of this section.  Any person          8,554        

required to comply with any withholding or deduction requirement   8,555        

shall determine the manner of withholding or deducting from the    8,556        

specific requirement included in the notices described in those    8,557        

divisions without the need for any amendment to the support        8,558        

order, and any person required to comply with a court order        8,559        

described in division (D)(6)(3), (D)(7)(4), or (H) of this         8,561        

section shall comply with the court order without the need for     8,562        

any amendment to the support order.  The court shall include in    8,563        

any action in which support is ordered as described in division    8,564        

(A)(1) of this section a general provision that states the         8,565        

following:                                                                      

      "All child support and spousal support under this order      8,568        

shall be withheld or deducted from the wages INCOME or assets of   8,569        

the obligor pursuant to a withholding or deduction notice or       8,571        

appropriate court order issued in accordance with section 3113.21  8,572        

of the Revised Code and shall be forwarded to the obligee in       8,573        

accordance with sections 3113.21 to 3113.214 3113.213 of the       8,574        

Revised Code."                                                     8,575        

      (2)  In any action in which support is ordered or modified   8,577        

as described in division (A)(1) of this section, the court shall   8,578        

                                                          202    

                                                                 
determine in accordance with divisions (D) and (H) of this         8,579        

section the types of withholding or deduction requirements or      8,580        

other appropriate requirements that should be imposed relative to  8,581        

the obligor under the support order to collect the support due     8,582        

under the order.  Within fifteen days after the obligor under the  8,583        

support order is located subsequent to the issuance of the         8,584        

support order or within fifteen days after the default under the   8,586        

support order, whichever is applicable, the court or the child     8,587        

support enforcement agency, as determined by agreement of the      8,588        

court and the agency, shall send a notice by regular mail to each  8,589        

person required to comply with a withholding or deduction          8,590        

requirement.  The notice shall specify the withholding or          8,591        

deduction requirement and shall contain all of the information     8,592        

set forth in division (D)(1)(b), OR (2)(b), (3)(b), (4)(b), or     8,594        

(5)(b) of this section that is applicable to the requirement.  If  8,595        

the appropriate requirement is an order of the type described in   8,596        

division (D)(6)(3), (D)(7)(4), or (H) of this section, the court   8,598        

shall issue and send a court order in accordance with that         8,599        

division. The notices and court orders, and the notices provided   8,600        

by the court or child support enforcement agency that require the  8,601        

obligor to notify the agency of any change in the obligor's        8,602        

employment status or of any other change in the status of the      8,603        

obligor's assets, are final and are enforceable by the court.      8,604        

When the court or agency issues a notice, it shall provide the     8,605        

notice to the obligor in accordance with division (D)(1)(c), OR    8,606        

(D)(2)(c), (D)(3)(c), (D)(4)(c), or (D)(5)(c) of this section,     8,608        

whichever is applicable, and shall include with the notice the     8,609        

additional notices described in the particular division that is    8,610        

applicable.                                                                     

      (3)(a)  If support is ordered or modified on or after        8,612        

December 31, 1993, under Chapter 3115. or under section 2151.23,   8,613        

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   8,615        

3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31  8,616        

of the Revised Code, if the court has determined in accordance     8,617        

                                                          203    

                                                                 
with division (A)(2) of this section the types of withholding or   8,618        

deduction requirements or other appropriate requirements that      8,619        

should be imposed relative to the obligor under the support order  8,620        

to collect the support due under the order, if the court or a      8,621        

child support enforcement agency has mailed the appropriate        8,622        

notice to the person required to comply with the withholding or    8,623        

deduction requirements that the court has determined should be     8,624        

imposed or the court has issued and sent a court order described   8,625        

in division (D)(6)(3), (D)(7)(4), or (H) of this section           8,627        

containing the other appropriate requirements that the court       8,628        

determined should be imposed, and if the child support                          

enforcement agency is notified or otherwise determines that the    8,629        

employment status or other circumstances of the obligor have       8,630        

changed and that it is more appropriate to impose another type of  8,631        

or an additional withholding or deduction requirement or another   8,632        

type of or additional court order containing another appropriate   8,633        

requirement, the agency immediately shall comply with section      8,634        

3113.212 of the Revised Code.  The notices and court orders        8,635        

issued under this division and section 3113.212 of the Revised     8,636        

Code, and the notices provided by the court or child support       8,637        

enforcement agency that require the obligor to notify the agency   8,638        

of any change in the obligor's employment status or of any other   8,639        

change in the status of the obligor's assets, are final and are    8,641        

enforceable by the court.                                                       

      (b)  If support has been ordered ALL ORDERS FOR SUPPORT      8,643        

ISSUED prior to December 31, 1993, under Chapter 3115. or under    8,645        

section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18,     8,647        

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    8,648        

or 3113.31 of the Revised Code, if the support order has THAT      8,649        

HAVE not been modified on or after December 31, 1993, if OR        8,650        

SUBJECT TO division (B) of this section has not been applied on    8,651        

or after December 31, 1993, regarding a default under the order,   8,652        

if the support order includes a provision that is substantively    8,653        

comparable to the general provision described in division (A)(1)   8,654        

                                                          204    

                                                                 
of this section that must be included in all support orders        8,655        

issued or modified on or after December 31, 1993, and if the       8,656        

child support enforcement agency is notified or otherwise          8,657        

determines that the employment status or other circumstances of    8,658        

the obligor under the support order have changed so that it is     8,659        

appropriate to impose a withholding or deduction requirement or    8,660        

another type of or additional appropriate requirement as           8,661        

described in division (D) of this section to collect the support   8,662        

due under the order, the agency shall comply with section          8,663        

3113.212 of the Revised Code as if the support order had been      8,664        

issued or modified on or after December 31, 1993, and as if it     8,665        

included the general provision described in division (A)(1) of     8,666        

this section that must be included in all support orders issued    8,667        

or modified on or after that date.  The notices and court orders   8,668        

issued under this provision and section 3113.212 of the Revised    8,669        

Code, and the notices provided by the court or child support       8,670        

enforcement agency that require the obligor to notify the agency   8,671        

of any change in the obligor's employment status or of any other   8,672        

change in the status of the obligor's assets, are final and are    8,673        

enforceable by the court.                                                       

      (c)  If support has been ordered prior to December 31,       8,675        

1993, under Chapter 3115. or under section 2151.23, 2151.33,       8,676        

2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,     8,677        

3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if     8,678        

the support order has not been modified on or after December 31,   8,679        

1993, if division (B) of this section has not been applied on or   8,680        

after December 31, 1993, regarding a default under the order, if   8,681        

the support order does not include a provision that is             8,682        

substantively comparable to the general provision described in     8,683        

division (A)(1) of this section that must be included in all       8,684        

support orders issued or modified on or after December 31, 1993,   8,685        

and if the child support enforcement agency is notified or         8,686        

otherwise determines that the employment status or other           8,687        

circumstances of the obligor under the support order have changed  8,688        

                                                          205    

                                                                 
so that it is appropriate to impose a withholding or deduction     8,689        

requirement or another type of or additional appropriate           8,690        

requirement as described in division (D) of this section to        8,691        

collect the support due under the order, the agency may request    8,692        

the court to reissue the support order in question to be           8,693        

identical to the support order except for a general provision as   8,694        

described in division (A) of this section requiring the            8,695        

withholding or deduction of wages or assets of the obligor in      8,696        

accordance with division (D) of this section or requiring the      8,697        

issuance of a court order containing another type of appropriate   8,698        

requirement in accordance with division (D)(6), (D)(7), or (H) of  8,699        

this section to ensure that withholding or deduction from the      8,700        

wages or assets of the obligor is available for the collection of  8,701        

current support and any arrearages that occur.  Upon the receipt   8,702        

of a request from an agency, the court may reissue the order in    8,703        

accordance with this division.  If the court reissues the order,   8,704        

the general provision for the withholding or deduction of wages    8,705        

or assets to be included in the reissued support order             8,706        

specifically shall include the statement prescribed in division    8,707        

(B)(1) of this section.  Except for the inclusion of the general   8,708        

provision, the provisions of a reissued order under this division  8,709        

shall be identical to the support order in question, and the       8,710        

court or child support enforcement agency shall issue one or more  8,711        

notices requiring withholding or deduction of wages or assets of   8,712        

the obligor in accordance with divisions (A)(2) and (D) of this    8,713        

section, or the court shall issue one or more court orders         8,714        

imposing other appropriate requirements in accordance with         8,715        

division (A)(2) and division (D)(6), (D)(7), or (H) of this        8,716        

section.  The notices shall be mailed within fifteen days after    8,717        

the obligor under the support order is located or within fifteen   8,718        

days after the default under the support order, whichever is       8,719        

applicable.  Thereafter, section 3113.212 of the Revised Code      8,720        

applies to the issuance of notices and court orders under those    8,721        

divisions with respect to that support order.  The notices and     8,722        

                                                          206    

                                                                 
court orders issued under this division and section 3113.212 of    8,723        

the Revised Code, and the notices provided by the court or child   8,724        

support enforcement agency that require the obligor to notify the  8,725        

agency of any change in the obligor's employment status or of any  8,726        

other change in the status of the obligor's assets, are final and  8,727        

are enforceable by the court THAT DATE SHALL BE CONSIDERED TO      8,728        

CONTAIN THE GENERAL PROVISION DESCRIBED IN DIVISION (A)(1) OF      8,729        

THIS SECTION AND SHALL BE ENFORCED AND MODIFIED IN THE SAME                     

MANNER AS AN ORDER FOR SUPPORT ISSUED ON OR AFTER DECEMBER 31,     8,731        

1993.                                                              8,732        

      (4)  The department of human services shall adopt standard   8,734        

forms for the support withholding and deduction notices that are   8,735        

prescribed by divisions (A)(1) to (3) and (B) of this section.     8,736        

All courts and child support enforcement agencies shall use the    8,737        

forms in issuing withholding and deduction notices in compliance   8,738        

with this section.                                                 8,739        

      (B)(1)(a)  In any action in which support is ordered under   8,741        

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        8,742        

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     8,744        

3111.13, 3111.20, 3111.21 3111.211, 3111.22, 3113.04, 3113.07,     8,745        

3113.216, or 3113.31 of the Revised Code and in which there has    8,746        

been a default under the order, the court shall comply with        8,747        

divisions (B)(1) to (6) of this section.                           8,748        

      If the support was ordered prior to December 31, 1993, or    8,750        

pursuant to section 3111.20, 3111.21 3111.211, or 3111.22 of the   8,751        

Revised Code, the court THAT ISSUED THE ORDER, OR IN THE CASE OF   8,754        

AN ORDER PURSUANT TO SECTION 3111.20, 3111.211, OR 3111.22 OF THE  8,755        

REVISED CODE, THE COMMON PLEAS COURT OF THE COUNTY IN WHICH THE    8,756        

CHILD SUPPORT ENFORCEMENT AGENCY THAT ISSUED THE ORDER IS          8,757        

LOCATED, shall reissue the support order under which there has                  

been a default and shall include in the reissued order a general   8,759        

provision as described in this division requiring the withholding  8,760        

or deduction of wages INCOME or assets of the obligor in           8,761        

accordance with division (D) of this section or requiring the      8,763        

                                                          207    

                                                                 
issuance of a court order containing another type of appropriate   8,764        

requirement in accordance with division (D)(6)(3), (D)(7)(4), or   8,766        

(H) of this section to ensure that withholding or deduction from   8,767        

the wages INCOME or assets is available for the collection of      8,769        

current support and any arrearages that occur. If the support was  8,771        

ordered pursuant to section 3111.20, 3111.21 3111.211, or 3111.22  8,773        

of the Revised Code and the support order includes a general       8,774        

provision similar to the one described in this division, the       8,776        

court shall replace the similar general provision with the                      

general provision described in this division.  Except for the      8,777        

inclusion or replacement of the general provision, the provisions  8,779        

of the reissued order required under this division shall be        8,780        

identical to those of the support order under which there has      8,781        

been a default.                                                                 

      Regardless of when the support was ordered, when WHEN        8,783        

support has been ordered under any chapter or section described    8,784        

in this division, the child support enforcement agency shall       8,785        

initiate support withholding when the order is in default.         8,786        

Immediately after the identification of a default under the        8,787        

support order, the child support enforcement agency shall conduct  8,789        

the investigation described in division (B)(1)(b) of this          8,790        

section.  Additionally, within fifteen calendar days after the     8,791        

identification of a default under the support order, the child     8,792        

support enforcement agency shall investigate the default and, IF   8,793        

IT IS BEFORE JULY 1, 1999, SEND ADVANCE NOTICE TO THE OBLIGOR.     8,794        

ON AND AFTER THAT DATE, THE DIVISION OF CHILD SUPPORT IN THE       8,796        

DEPARTMENT OF HUMAN SERVICES SHALL send THE advance notice to the  8,797        

obligor.  The advance notice shall include a notice describing     8,798        

the actions that may be taken against the obligor pursuant to      8,799        

sections 2301.353, 2301.373 and, 2301.374, 2301.375, AND 2301.42   8,801        

TO 2301.45 of the Revised Code if the court or agency makes a      8,804        

final and enforceable determination that the obligor is in                      

default pursuant to this division.  If the location of the         8,806        

obligor is unknown at the time of the identification of a default  8,807        

                                                          208    

                                                                 
under the support order, the agency DIVISION shall send the        8,808        

advance notice to the obligor within fifteen days after the        8,810        

agency locates the obligor.  The general provision for the         8,811        

withholding or deduction of wages INCOME or assets to be included  8,813        

in the reissued support order specifically shall include the       8,814        

following statement:                                                            

      "All child support and spousal support under this order      8,817        

shall be withheld or deducted from the wages INCOME or assets of   8,818        

the obligor pursuant to a withholding or deduction notice or       8,820        

appropriate court order issued in accordance with section 3113.21  8,821        

of the Revised Code and shall be forwarded to the obligee in                    

accordance with sections 3113.21 to 3113.214 3113.213 of the       8,822        

Revised Code."                                                     8,823        

      (b)  After the identification of a default under a support   8,825        

order as described in division (B)(1)(a) of this section, the      8,826        

child support enforcement agency immediately shall conduct an      8,827        

investigation to determine the employment status of the obligor,   8,828        

the obligor's social security number, the name and business        8,829        

address of the obligor's employer, whether the obligor is in       8,830        

default under a support order, the amount of any arrearages, and   8,831        

any other information necessary to enable the court or agency to   8,832        

impose any withholding or deduction requirements and issue the     8,833        

related notices described in division (D) of this section or to    8,834        

issue any court orders described in division (D)(6)(3) or (7)(4)   8,836        

of this section.  The agency also shall conduct an investigation   8,837        

under this division when required by division (C)(1)(a) or (b) of  8,838        

this section, shall complete the investigation within twenty days  8,839        

after the obligor or obligee files the motion with the court       8,840        

under division (C)(1)(a) of this section or the court orders the   8,841        

investigation under division (C)(1)(b) of this section, and shall  8,842        

conduct an investigation under this division when required by      8,843        

section 3113.214 of the Revised Code.                              8,844        

      (2)  An advance notice to an obligor required by division    8,846        

(B)(1) of this section shall contain all of the following:         8,847        

                                                          209    

                                                                 
      (a)  A statement of the date on which the advance notice is  8,849        

sent, the amount of arrearages owed by the obligor as determined   8,850        

by the court or the child support enforcement agency, the types    8,851        

of withholding or deduction requirements and related notices       8,852        

described in division (D) of this section or the types of court    8,853        

orders described in division (D)(6)(3), (D)(7)(4), or (H) of this  8,855        

section that will be issued to pay support and any arrearages,     8,856        

and the amount that will be withheld or deducted pursuant to       8,857        

those requirements;                                                8,858        

      (b)  A statement that any notice for the withholding or      8,860        

deduction of an amount from personal earnings or other income or   8,861        

assets apply to all CURRENT AND subsequent employers PAYORS of     8,863        

the obligor, AND financial institutions in which the obligor has   8,864        

an account, and other persons or entities who pay or distribute    8,865        

income to the obligor and that any withholding or deduction        8,866        

requirement and related notice described in division (D) of this   8,867        

section or any court order described in division (D)(6)(3),        8,869        

(D)(7)(4), or (H) of this section that is issued will not be       8,870        

discontinued solely because the obligor pays any arrearages;       8,871        

      (c)  An explanation of the administrative and court action   8,873        

that will take place if the obligor contests the inclusion of any  8,874        

of the provisions;                                                 8,875        

      (d)  A statement that the contents of the advance notice     8,877        

are final and are enforceable by the court unless the obligor      8,878        

files with the child support enforcement agency, within seven      8,879        

days after the date on which the advance notice is sent, a         8,880        

written request for an administrative hearing to determine if a    8,881        

mistake of fact was made in the notice.                            8,882        

      (3)  If the obligor requests a hearing regarding the         8,884        

advance notice in accordance with division (B)(2)(d) of this       8,885        

section, the child support enforcement agency shall conduct an     8,886        

administrative hearing no later than ten days after the date on    8,887        

which the obligor files the request for the hearing.  No later     8,888        

than five days before the date on which the hearing is to be       8,889        

                                                          210    

                                                                 
conducted, the agency shall send the obligor and the obligee       8,890        

written notice of the date, time, place, and purpose of the        8,891        

hearing.  The notice to the obligor and obligee also shall         8,892        

indicate that the obligor may present testimony and evidence at    8,893        

the hearing only in regard to the issue of whether a mistake of    8,894        

fact was made in the advance notice.                               8,895        

      At the hearing, the child support enforcement agency shall   8,897        

determine whether a mistake of fact was made in the advance        8,898        

notice.  If it determines that a mistake of fact was made, the     8,899        

agency shall determine the provisions that should be changed and   8,900        

included in a corrected notice and shall correct the advance       8,901        

notice accordingly.  The agency shall send its determinations to   8,902        

the obligor.  The agency's determinations are final and are        8,903        

enforceable by the court unless, within seven days after the       8,904        

agency makes it ITS determinations, the obligor files a written    8,905        

motion with the court for a court hearing to determine if a        8,906        

mistake of fact still exists in the advance notice or corrected    8,907        

advance notice.                                                    8,908        

      (4)  If, within seven days after the agency makes its        8,910        

determinations under division (B)(3) of this section, the obligor  8,911        

files a written motion for a court hearing to determine if a       8,912        

mistake of fact still exists in the advance notice or the          8,913        

corrected advance notice, the court shall hold a hearing on the    8,914        

request as soon as possible, but no later than ten days, after     8,915        

the request is filed.  If the obligor requests a court hearing,    8,916        

no later than five days before the date on which the court         8,917        

hearing is to be held, the court shall send the obligor and the    8,918        

obligee written notice by ordinary mail of the date, time, place,  8,919        

and purpose of the court hearing.  The hearing shall be limited    8,920        

to a determination of whether there is a mistake of fact in the    8,921        

advance notice or the corrected advance notice.                    8,922        

      If, at a hearing conducted under this division, the court    8,924        

detects a mistake of fact in the advance notice or the corrected   8,925        

advance notice, it immediately shall correct the notice.           8,926        

                                                          211    

                                                                 
      (5)  Upon exhaustion of all rights of the obligor to         8,928        

contest the withholding or deduction on the basis of a mistake of  8,929        

fact and no later than the expiration of forty-five days after     8,930        

the issuance of the advance notice under division (B)(1) of this   8,931        

section, the court or child support enforcement agency shall       8,932        

issue one or more notices requiring withholding or deduction of    8,933        

wages INCOME or assets of the obligor in accordance with           8,934        

divisions (A)(2) and (D) of this section, or the court shall       8,936        

issue one or more court orders imposing other appropriate          8,937        

requirements in accordance with division (A)(2) and division       8,938        

(D)(6)(3), (D)(7)(4), or (H) of this section.  Thereafter,         8,940        

section 3113.212 of the Revised Code applies in relation to the    8,941        

issuance of the notices and court orders.  The notices and court   8,942        

orders issued under this division or section 3113.212 of the       8,943        

Revised Code are final and are enforceable by the court.  The      8,944        

court or agency shall send to the obligor by ordinary mail a copy  8,945        

of the withholding or deduction notice, in accordance with         8,946        

division (D) of this section.  The failure of the court or agency  8,947        

to give the notice required by this division does not affect the   8,948        

ability of any court to issue any notice or order under this       8,949        

section or any other section of the Revised Code for the payment   8,950        

of support, does not provide any defense to any notice or order    8,951        

for the payment of support that is issued under this section or    8,952        

any other section of the Revised Code, and does not affect any     8,953        

obligation to pay support.                                                      

      (6)  The department of human services shall adopt standard   8,955        

forms for the advance notice prescribed by divisions (B)(1) to     8,956        

(5) of this section.  All courts and child support enforcement     8,957        

agencies shall use those forms, and the support withholding and    8,958        

deduction notice forms adopted under division (A)(4) of this       8,959        

section, in complying with this section.                           8,960        

      (C)(1)  In any action in which support is ordered under      8,962        

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        8,963        

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     8,965        

                                                          212    

                                                                 
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     8,967        

Code, all of the following apply:                                               

      (a)  The obligor or obligee under the order may file a       8,969        

motion with the court that issued the order requesting the         8,970        

issuance of one or more withholding or deduction notices as        8,971        

described in division (D) of this section to pay the support due   8,972        

under the order.  The motion may be filed at any time after the    8,973        

support order is issued.  Upon the filing of a motion pursuant to  8,974        

this division, the child support enforcement agency immediately    8,975        

shall conduct, and shall complete within twenty days after the     8,976        

motion is filed, an investigation in accordance with division      8,977        

(B)(1)(b) of this section.  Upon the completion of the             8,978        

investigation and the filing of the agency's report under          8,979        

division (B)(1)(b) of this section, the court shall issue one or   8,980        

more appropriate orders described in division (D) of this          8,981        

section.                                                           8,982        

      (b)  If any proceedings involving the support order that     8,984        

was issued before, on, or after December 1, 1986, are commenced    8,985        

in the court and if the court prior to the effective date of this  8,986        

amendment has not issued any orders under division (D) of this     8,987        

section AS IT EXISTED PRIOR TO DECEMBER 31, 1993, with respect to  8,989        

the support order, if the court determines that any orders issued  8,990        

prior to the effective date of this amendment under division (D)   8,991        

of this section AS IT EXISTED PRIOR TO DECEMBER 31, 1993, no       8,992        

longer are appropriate, if the court on or after the effective     8,993        

date of this amendment DECEMBER 31, 1993 has not modified or       8,994        

reissued the support order under division (A) or (B) of this       8,996        

section and issued any notices under division (D) or court orders  8,997        

under division (D)(6)(3) or (7)(4) of this section, or if the      8,999        

court on or after the effective date of this amendment DECEMBER    9,000        

31, 1993 has modified or reissued the support order under          9,001        

division (A) or (B) of this section and issued one or more         9,002        

notices under division (D) or one or more court orders under       9,003        

division (D)(6)(3) or (7)(4) of this section but determines that   9,005        

                                                          213    

                                                                 
the notices or court orders no longer are appropriate, the court,  9,006        

prior to or during any hearings held with respect to the           9,007        

proceedings and prior to the conclusion of the proceedings, shall  9,008        

order the child support enforcement agency to conduct an           9,009        

investigation pursuant to division (B)(1)(b) of this section.      9,010        

Upon the filing of the findings of the agency following the        9,011        

investigation, the court, as necessary, shall issue one or more    9,012        

notices described in division (D) or one or more court orders      9,013        

described in division (D)(6)(3) or (7)(4) of this section or       9,015        

modify any notices previously issued under division (D) or any     9,016        

court orders previously issued under division (D)(6)(3) or (7)(4)  9,018        

of this section.                                                                

      (c)(i)  If a child support enforcement agency, in            9,020        

accordance with section 3113.216 of the Revised Code, requests     9,021        

the court to issue a revised child support order in accordance     9,022        

with a revised amount of child support calculated by the agency,   9,023        

the court shall proceed as described in this division.  If         9,024        

neither the obligor nor the obligee requests a court hearing on    9,025        

the revised amount of child support, the court shall issue a       9,026        

revised child support order requiring the obligor to pay the       9,027        

revised amount of child support calculated by the agency.          9,028        

However, if the obligor or the obligee requests a court hearing    9,029        

on the revised amount of child support calculated by the agency,   9,030        

the court, in accordance with division (C)(1)(c)(ii) of this       9,031        

section, shall schedule and conduct a hearing to determine if the  9,032        

revised amount of child support is the appropriate amount and if   9,033        

the amount of child support being paid under the child support     9,034        

order otherwise should be revised.                                 9,035        

      (ii)  If the court is required to schedule and conduct a     9,037        

hearing pursuant to division (C)(1)(c)(i) of this section, the     9,038        

court shall give the obligor, obligee, and agency at least thirty  9,039        

days' notice of the date, time, and location of the hearing;       9,040        

order the obligor to provide the court with a copy of the          9,041        

obligor's federal income tax return from the previous year, a      9,042        

                                                          214    

                                                                 
copy of all pay stubs obtained by the obligor within the           9,043        

preceding six months, and a copy of all other records evidencing   9,044        

the receipt of any other salary, wages, or compensation by the     9,045        

obligor within the preceding six months, A LIST OF THE GROUP       9,046        

HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS    9,047        

AVAILABLE TO THE OBLIGOR AND THEIR COSTS, AND THE CURRENT HEALTH   9,048        

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH     9,049        

THE OBLIGOR IS ENROLLED AND ITS COST, if the obligor failed to     9,050        

provide any of those documents to the agency, and order the        9,051        

obligee to provide the court with a copy of the obligee's federal  9,052        

income tax return from the previous year, a copy of all pay stubs  9,053        

obtained by the obligee within the preceding six months, and a     9,054        

copy of all other records evidencing the receipt of any other      9,055        

salary, wages, or compensation by the obligee within the           9,056        

preceding six months, A LIST OF THE GROUP HEALTH INSURANCE AND     9,057        

HEALTH CARE POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE        9,058        

OBLIGEE AND THEIR COSTS, AND THE CURRENT HEALTH INSURANCE OR       9,059        

HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS   9,060        

ENROLLED AND ITS COST, if the obligee failed to provide any of     9,061        

those documents to the agency; give the obligor and the obligee    9,062        

notice that any willful failure to comply with that court order    9,063        

is contempt of court and, upon a finding by the court that the     9,064        

party is in contempt of court, the court and the agency will take  9,065        

any action necessary to obtain the information or make any         9,066        

reasonable assumptions necessary with respect to the income of     9,067        

INFORMATION the person in contempt of court DID NOT PROVIDE to     9,069        

ensure a fair and equitable review of the child support order;     9,071        

issue a revised child support order requiring the obligor to pay   9,072        

the revised amount of child support calculated by the agency, if   9,073        

the court determines at the hearing that the revised amount of     9,074        

child support calculated by the agency is the appropriate amount;  9,075        

and determine the appropriate amount of child support and, if      9,076        

necessary, issue a revised child support order requiring the       9,077        

obligor to pay the amount of child support determined by the       9,078        

                                                          215    

                                                                 
court, if the court determines that the revised amount of child    9,079        

support calculated by the agency is not the appropriate amount.    9,080        

      (iii)  In determining, at a hearing conducted under          9,082        

divisions (C)(1)(c)(i) and (ii) of this section, the appropriate   9,083        

amount of child support to be paid by the obligor, the court       9,084        

shall consider, in addition to all other factors required by law   9,085        

to be considered, THE APPROPRIATE PERSON, WHETHER IT IS THE        9,086        

OBLIGOR, OBLIGEE, OR BOTH, TO BE REQUIRED IN ACCORDANCE WITH       9,087        

SECTION 3113.217 OF THE REVISED CODE TO PROVIDE HEALTH INSURANCE   9,088        

COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER, AND the cost of  9,089        

health insurance which the obligor, the obligee, or both the       9,090        

obligor and the obligee have been ordered IN ACCORDANCE WITH       9,091        

SECTION 3113.217 OF THE REVISED CODE to obtain for the children    9,092        

specified in the order.                                                         

      (d)  On or after July 1, 1990, the court shall issue any     9,094        

order required by section 3113.217 of the Revised Code.            9,095        

      (e)(i)  On or after July 1, 1990, an AN obligee under a      9,097        

child support order may file a motion with the court that issued   9,099        

the order requesting the court to modify the order to require the  9,100        

obligor to obtain health insurance coverage for the children who   9,101        

are the subject of the order, and on or after July 1, 1990, an     9,102        

obligor under a child support order may file a motion with the     9,103        

court that issued the order requesting the court to modify the     9,104        

order to require the obligee to obtain health insurance coverage   9,105        

for those children.  Upon the filing of such a motion, the court   9,106        

shall order the child support enforcement agency to conduct an     9,107        

investigation to determine whether the obligor or obligee has      9,108        

satisfactory health insurance coverage for the children.  Upon     9,109        

completion of its investigation, the agency shall inform the       9,110        

court, in writing, of its determination.  If the court determines  9,111        

that neither the obligor nor the obligee has satisfactory health   9,112        

insurance coverage for the children, it shall issue an order       9,113        

MODIFY THE CHILD SUPPORT ORDER in accordance with section          9,115        

3113.217 of the Revised Code.                                                   

                                                          216    

                                                                 
      (ii)  On or after July 1, 1990, an AN obligor or obligee     9,117        

under a child support order may file a motion with the court that  9,118        

issued the order requesting the court to modify the amount of      9,119        

child support required to be paid under the order because that     9,120        

amount does not adequately cover the medical needs of the child.   9,121        

Upon the filing of such a motion, the court shall determine        9,122        

whether the amount of child support required to be paid under the  9,123        

order adequately covers the medical needs of the child and         9,124        

whether to modify the order, in accordance with division (B)(4)    9,125        

of section 3113.215 of the Revised Code.                           9,126        

      (f)(e)  Whenever a court modifies, reviews, or otherwise     9,128        

reconsiders a child support order, it may reconsider which parent  9,129        

may claim the children who are the subject of the child support    9,130        

order as dependents for federal income tax purposes as set forth   9,131        

in section 151 of the "Internal Revenue Code of 1986," 100 Stat.   9,132        

2085, 26 U.S.C. 1, as amended, and shall issue its determination   9,133        

on this issue as part of the child support order.  The court in    9,134        

its order may permit the parent who is not the residential parent  9,135        

and legal custodian to claim the children as dependents for        9,136        

federal income tax purposes only if the payments for child         9,137        

support are current in full as ordered by the court for the year   9,138        

in which the children will be claimed as dependents.  If the       9,139        

court determines that the parent who is not the residential        9,140        

parent and legal custodian may claim the children as dependents    9,141        

for federal income tax purposes, it shall order the residential    9,142        

parent to take whatever action is necessary pursuant to section    9,143        

152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26     9,144        

U.S.C. 1, as amended, to enable the parent who is not the          9,145        

residential parent and legal custodian to claim the children as    9,146        

dependents for federal income tax purposes in accordance with the  9,147        

order of the court.  Any willful failure of the residential        9,148        

parent to comply with the order of the court is contempt of        9,149        

court.                                                             9,150        

      (g)  If the order is a child support order issued on or      9,152        

                                                          217    

                                                                 
after July 1, 1990, or if the order modifies, on or after July 1,  9,153        

1990, a prior child support order (f)   WHEN ISSUING OR MODIFYING  9,155        

A CHILD SUPPORT ORDER, the court shall include in the order all    9,156        

of the requirements, specifications, and statements described in   9,157        

division (B) of section 3113.218 of the Revised Code.  IF THE      9,159        

OBLIGOR OR OBLIGEE DOES NOT REQUEST A COURT HEARING ON THE         9,160        

REVISED AMOUNT OF CHILD SUPPORT DETERMINED BY THE AGENCY AND       9,161        

FILED WITH THE COURT PURSUANT TO SECTION 3113.216 OF THE REVISED   9,162        

CODE AND THE COURT MODIFIES THE ORDER TO INCLUDE THE REVISED       9,164        

AMOUNT PURSUANT TO DIVISION (C)(1)(c)(i) OF THIS SECTION, THE      9,165        

MODIFICATION SHALL RELATE BACK TO THE FIRST DAY OF THE MONTH       9,166        

FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW OF THE CHILD        9,168        

SUPPORT ORDER BEGAN PURSUANT TO DIVISION (C)(1)(a) OF SECTION      9,169        

3113.216 OF THE REVISED CODE.  IF THE OBLIGOR OR OBLIGEE REQUESTS  9,172        

A COURT HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT PURSUANT    9,173        

TO THIS SECTION AND SECTION 3113.216 OF THE REVISED CODE AND THE   9,176        

COURT, AFTER CONDUCTING A HEARING, MODIFIES THE CHILD SUPPORT      9,177        

AMOUNT UNDER THE ORDER, THE MODIFICATION SHALL RELATE BACK TO THE  9,178        

FIRST DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE     9,179        

REVIEW OF THE CHILD SUPPORT ORDER BEGAN PURSUANT TO DIVISION       9,181        

(C)(1)(A) OF SECTION 3113.216 OF THE REVISED CODE.                 9,182        

      (2)  In any action in which a support order is issued, on    9,184        

or after December 1, 1986, under Chapter 3115. or under section    9,185        

2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18,   9,187        

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    9,190        

or 3113.31 of the Revised Code, the court issuing the order also   9,191        

shall conduct a hearing, prior to or at the time of the issuance   9,192        

of the support order, to determine the employment status of the    9,193        

obligor, the obligor's social security number, the name and        9,194        

business address of the obligor's employer, and any other          9,195        

information necessary to enable the court or a child support       9,196        

enforcement agency to issue any withholding or deduction notice    9,197        

described in division (D) of this section or for the court to      9,198        

issue a court order described in division (D)(6)(3) or (7)(4) of   9,200        

                                                          218    

                                                                 
this section.  The court, prior to the hearing, shall give the     9,202        

obligor notice of the hearing that shall include the date on                    

which the notice is given and notice that the obligor is subject   9,203        

to a requirement for the withholding of a specified amount from    9,204        

personal earnings INCOME if employed and to one or more other      9,205        

types of withholding or deduction requirements described in        9,206        

division (D) or one or more types of court orders described in     9,207        

division (D)(6)(3) or (7)(4) of this section and that the obligor  9,209        

may present evidence and testimony at the hearing to prove that    9,210        

any of the requirements would not be proper because of a mistake   9,211        

of fact.                                                           9,212        

      The court or child support enforcement agency, immediately   9,214        

upon the court's completion of the hearing, shall issue one or     9,215        

more of the types of notices described in division (D) of this     9,216        

section imposing a withholding or deduction requirement, or the    9,217        

court shall issue one or more types of court orders described in   9,218        

division (D)(6)(3) or (7)(4) of this section.                      9,219        

      (D)  If a court or child support enforcement agency is       9,221        

required under division (A), (B), or (C) of this section or any    9,222        

other section of the Revised Code to issue one or more             9,223        

withholding or deduction notices described in this division or     9,224        

court orders described in division (D)(6)(3) or (7)(4) of this     9,226        

section, the court shall issue one or more of the following types  9,227        

of notices or court orders, or the agency shall issue one or more  9,228        

of the following types of notices to pay the support required      9,229        

under the support order in question and also, if required by any   9,230        

of those divisions, any other section of the Revised Code, or the  9,231        

court, to pay any arrearages:                                      9,232        

      (1)(a)  If the court or the child support enforcement        9,234        

agency determines that the obligor is employed RECEIVING INCOME    9,235        

FROM A PAYOR, the court or agency shall require the obligor's      9,237        

employer PAYOR to withhold from the obligor's personal earnings    9,239        

INCOME a specified amount for support in satisfaction of the       9,241        

support order, to begin the withholding no later than the first    9,242        

                                                          219    

                                                                 
pay period that occurs after fourteen working days following the   9,243        

date the notice was mailed to the employer under divisions (A)(2)  9,244        

or (B) and (D)(1)(b) of this section, to send the amount withheld  9,245        

to the DIVISION OF child support enforcement agency designated     9,246        

for that county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to    9,247        

section 2301.35 5101.325 of the Revised Code, to send that amount  9,249        

to the agency DIVISION immediately but not later than ten SEVEN    9,251        

days after the date the obligor is paid, and to continue the       9,252        

withholding at intervals specified in the notice until further     9,253        

notice from the court or CHILD SUPPORT ENFORCEMENT agency.  To     9,254        

the extent possible, the amount specified in the notice to be      9,256        

withheld shall satisfy the amount ordered for support in the       9,257        

support order plus any arrearages that may be owed by the obligor  9,258        

under any prior support order that pertained to the same child or  9,259        

spouse, notwithstanding the limitations of sections 2329.66,       9,260        

2329.70, 2716.02, and 2716.05 of the Revised Code.  However, in    9,261        

no case shall the sum of the amount specified in the notice to be  9,262        

withheld and any fee withheld by the employer PAYOR as a charge    9,264        

for its services exceed the maximum amount permitted under         9,265        

section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.  9,266        

1673(b).                                                                        

      (b)  If the court or agency imposes a withholding            9,268        

requirement under division (D)(1)(a) of this section, it, within   9,269        

the applicable period of time specified in division (A), (B), or   9,270        

(C) of this section, shall send to the obligor's employer PAYOR    9,271        

by regular mail a notice that contains all of the information set  9,273        

forth in divisions (D)(1)(b)(i) to (xi) of this section.  The      9,274        

notice is final and is enforceable by the court.  The notice       9,275        

shall contain all of the following:                                9,276        

      (i)  The amount to be withheld from the obligor's wages      9,278        

INCOME and a statement that the amount actually withheld for       9,280        

support and other purposes, including the fee described in         9,281        

division (D)(1)(b)(xi) of this section, shall not be in excess of  9,282        

the maximum amounts permitted under section 303(b) of the          9,283        

                                                          220    

                                                                 
"Consumer Credit Protection Act," 15 U.S.C. 1673(b);               9,284        

      (ii)  A statement that the employer PAYOR is required to     9,286        

send the amount withheld to the DIVISION OF child support          9,288        

enforcement agency immediately, but not later than ten SEVEN       9,290        

working days, after the obligor is paid by the employer and is     9,292        

required to report to the agency the date on which the amount was  9,293        

withheld from the obligor's wages INCOME;                          9,294        

      (iii)  A statement that the withholding is binding upon the  9,296        

employer PAYOR until further notice from the agency;               9,297        

      (iv)  A statement that IF the PAYOR IS AN employer, THE      9,300        

PAYOR is subject to a fine to be determined under the law of this  9,301        

state for discharging the obligor from employment, refusing to     9,302        

employ the obligor, or taking any disciplinary action against the  9,303        

obligor because of the withholding requirement;                    9,304        

      (v)  A statement that, if the employer PAYOR fails to        9,306        

withhold wages INCOME in accordance with the provisions of the     9,307        

notice, the employer PAYOR is liable for the accumulated amount    9,309        

the employer PAYOR should have withheld from the obligor's wages   9,311        

INCOME;                                                                         

      (vi)  A statement that the withholding in accordance with    9,313        

the notice and under the provisions of this section has priority   9,314        

over any other legal process under the law of this state against   9,315        

the same wages INCOME;                                             9,316        

      (vii)  The date on which the notice was mailed and a         9,318        

statement that the employer PAYOR is required to implement the     9,319        

withholding no later than the first pay period that occurs after   9,320        

fourteen working days following the date the notice was mailed     9,321        

and is required to continue the withholding at the intervals       9,322        

specified in the notice;                                           9,323        

      (viii)  A requirement that the employer PAYOR promptly       9,325        

notify the child support enforcement agency, in writing, within    9,327        

ten working days after the date of any termination of the          9,328        

obligor's employment, any layoff of the obligor, any leave of      9,329        

absence of the obligor without pay, or any other situation THAT    9,330        

                                                          221    

                                                                 
OCCURS INCLUDING, TERMINATION OF EMPLOYMENT, LAYOFF OF THE         9,331        

OBLIGOR FROM EMPLOYMENT, ANY LEAVE OF ABSENCE OF THE OBLIGOR FROM  9,332        

EMPLOYMENT WITHOUT PAY, TERMINATION OF WORKERS' COMPENSATION       9,333        

BENEFITS, OR TERMINATION OF ANY PENSION, ANNUITY, ALLOWANCE, OR    9,334        

RETIREMENT BENEFIT, in which the employer PAYOR ceases to pay      9,336        

personal earnings INCOME in an amount sufficient to comply with    9,338        

the order to the obligor, provide the agency with the obligor's    9,339        

last known address, notify the agency of the obligor's ANY new     9,340        

employer OR INCOME SOURCE, if known, and provide the agency with   9,341        

the ANY new employer's OR INCOME SOURCE'S name, address, and       9,342        

telephone number, if known;                                        9,343        

      (ix)  A requirement that, IF the PAYOR IS AN employer,       9,346        

identify in the notification given under division (D)(1)(b)(viii)  9,347        

of this section any types of benefits other than personal          9,348        

earnings that the obligor is receiving or is eligible to receive   9,349        

as a benefit of employment or as a result of the obligor's         9,350        

termination of employment, including, but not limited to,          9,351        

unemployment compensation, workers' compensation benefits,         9,352        

severance pay, sick leave, lump-sum payments of retirement         9,353        

benefits or contributions, and bonuses or profit-sharing payments  9,354        

or distributions, and the amount of such benefits, and include in  9,355        

the notification the obligor's last known address and telephone    9,356        

number, date of birth, social security number, and court case      9,357        

number and, if known, the name and business address of any new     9,358        

employer of the obligor;                                                        

      (x)  A requirement that, no later than the earlier of        9,360        

forty-five days before the lump-sum payment is to be made or, if   9,361        

the obligor's right to the lump-sum payment is determined less     9,362        

than forty-five days before it is to be made, the date on which    9,363        

that determination is made, the employer PAYOR notify the child    9,364        

support enforcement agency of any lump-sum payments of any kind    9,366        

of five hundred dollars or more that are to be paid to the         9,367        

obligor, hold the lump-sum payments of five hundred dollars or     9,368        

more for thirty days after the date on which the lump-sum          9,369        

                                                          222    

                                                                 
payments otherwise would have been paid to the obligor, if the     9,370        

lump-sum payments are workers' compensation benefits, severance    9,371        

pay, sick leave, lump-sum payments of retirement benefits or       9,372        

contributions, annual bonuses, or profit-sharing payments or       9,373        

distributions, and, upon order of the court, pay any specified     9,374        

amount of the lump-sum payment to the DIVISION OF child support    9,375        

enforcement agency.                                                             

      (xi)  A statement that, in addition to the amount withheld   9,377        

for support, the employer PAYOR may withhold a fee from the        9,378        

obligor's earnings INCOME as a charge for its services in          9,380        

complying with the notice and a specification of the amount that   9,382        

may be withheld.                                                                

      (c)  The court or agency shall send the notice described in  9,384        

division (D)(1)(b) of this section to the obligor and shall        9,385        

attach to the notice an additional notice requiring the obligor    9,386        

immediately to notify the child support enforcement agency, in     9,387        

writing, of any change in employment, including self-employment,   9,389        

THE OBLIGOR'S INCOME SOURCE and of the availability of any other   9,390        

sources of income that can be the subject of any withholding or    9,391        

deduction requirement described in division (D) of this section.   9,392        

The court or agency shall serve the notices upon the obligor at    9,393        

the same time as service of the support order or, if the support   9,394        

order previously has been issued, shall send the notices to the    9,395        

obligor by regular mail at the last known address at the same      9,396        

time that it sends the notice described in division (D)(1)(b) of   9,397        

this section to the employer PAYOR.  The notification required of  9,398        

the obligor shall include a description of the nature of any new   9,399        

employment OR INCOME SOURCE, the name and, business address, AND   9,401        

TELEPHONE NUMBER of any new employer OR INCOME SOURCE, and any     9,403        

other information reasonably required by the court.  No obligor                 

shall fail to give the notification required by division           9,404        

(D)(1)(c) of this section.                                         9,405        

      (2)(a)  If the court or the child support enforcement        9,407        

agency determines that the obligor is receiving workers'           9,408        

                                                          223    

                                                                 
compensation payments, the court or agency may require the bureau  9,409        

of workers' compensation or the employer that has been granted     9,410        

the privilege of paying compensation directly and that is paying   9,411        

workers' compensation benefits to the obligor to withhold from     9,412        

the obligor's workers' compensation payments a specified amount    9,413        

for support in satisfaction of the support order, to begin the     9,414        

withholding no later than the date of the first payment that       9,415        

occurs after fourteen working days following the date the notice   9,416        

was mailed to the bureau or employer under divisions (A)(2) or     9,417        

(B) and (D)(2)(b) of this section, to send the amount withheld to  9,418        

the child support enforcement agency designated for that county    9,419        

pursuant to section 2301.35 of the Revised Code, to send that      9,420        

amount to the agency immediately but not later than ten days       9,421        

after the date the payment is made to the obligor, to provide the  9,422        

date on which the amount was withheld, and to continue the         9,423        

withholding at intervals specified in the notice until further     9,424        

notice from the court or agency.  To the extent possible, the      9,425        

amount specified in the notice to be withheld shall satisfy the    9,426        

amount ordered for support in the support order plus any           9,427        

arrearages that may be owed by the obligor under any prior         9,428        

support order that pertained to the same child or spouse,          9,429        

notwithstanding the limitations of section 4123.67 of the Revised  9,430        

Code.  However, in no case shall the sum of the amount specified   9,431        

in the notice to be withheld and any fee withheld by an employer   9,432        

as a charge for its services exceed the maximum amount permitted   9,433        

under section 303(b) of the "Consumer Credit Protection Act," 15   9,434        

U.S.C. 1673(b).                                                    9,435        

      (b)  If the court or agency imposes a withholding            9,437        

requirement under division (D)(2)(a) of this section, it, within   9,438        

the applicable period of time specified in division (A), (B), or   9,439        

(C) of this section, shall send to the bureau of workers'          9,440        

compensation or the employer that is paying the obligor's          9,441        

workers' compensation benefits by regular mail a notice that       9,442        

contains all of the information set forth in divisions             9,443        

                                                          224    

                                                                 
(D)(2)(b)(i) to (x) of this section.  The notice is final and is   9,444        

enforceable by the court.  The notice shall contain all of the     9,445        

following:                                                         9,446        

      (i)  The amount to be withheld from the obligor's worker's   9,448        

compensation payments and a statement that the amount actually     9,449        

withheld for support and other purposes, including the fee         9,450        

described in division (D)(2)(b)(x) of this section, if             9,451        

applicable, shall not be in excess of the maximum amounts          9,452        

permitted under section 303(b) of the "Consumer Credit Protection  9,453        

Act," 15 U.S.C. 1673(b);                                           9,454        

      (ii)  A statement that the bureau or employer is required    9,456        

to send the amount withheld to the child support enforcement       9,457        

agency immediately, but not later than ten working days, after     9,458        

the payment is made to the obligor and is required to report to    9,459        

the agency the date on which the amount was withheld from the      9,460        

obligor's payments;                                                9,461        

      (iii)  A statement that the withholding is binding upon the  9,463        

bureau or employer until further notice from the court or agency;  9,464        

      (iv)  If the notice is sent to an employer who is paying     9,466        

the obligor's worker's compensation benefits, a statement that,    9,467        

if the employer fails to withhold from the obligor's worker's      9,468        

compensation payments in accordance with the provisions of the     9,469        

notice, the employer is liable for the accumulated amount the      9,470        

employer should have withheld from the obligor's payments;         9,471        

      (v)  A statement that the withholding in accordance with     9,473        

the notice and under the provisions of this section has priority   9,474        

over any other legal process under the law of this state against   9,475        

the same payment of benefits;                                      9,476        

      (vi)  The date on which the notice was mailed and a          9,478        

statement that the bureau or employer is required to implement     9,479        

the withholding no later than the date of the first payment that   9,480        

occurs after fourteen working days following the date the notice   9,481        

was mailed and is required to continue the withholding at the      9,482        

intervals specified in the notice;                                 9,483        

                                                          225    

                                                                 
      (vii)  A requirement that the bureau or employer promptly    9,485        

notify the child support enforcement agency, in writing, within    9,486        

ten working days after the date of any termination of the          9,487        

obligor's workers' compensation benefits;                          9,488        

      (viii)  A requirement that the bureau or employer include    9,490        

in all notices the obligor's last known mailing address, last      9,491        

known residence address, and social security number;               9,492        

      (ix)  A requirement that, no later than the earlier of       9,494        

forty-five days before the lump-sum payment is to be made or, if   9,495        

the obligor's right to the lump-sum payment is determined less     9,496        

than forty-five days before it is to be made, the date on which    9,497        

that determination is made, the bureau or employer notify the      9,498        

child support enforcement agency of any lump-sum payment of any    9,499        

kind of five hundred dollars or more that is to be paid to the     9,500        

obligor, hold the lump-sum payment for thirty days after the date  9,501        

on which the lump-sum payment otherwise would be paid to the       9,502        

obligor, and, upon order of the court, pay any specified amount    9,503        

of the lump-sum payment to the agency.                             9,504        

      (x)  If the notice is sent to an employer who is paying the  9,506        

obligor's workers' compensation benefits, a statement that, in     9,507        

addition to the amount withheld for support, the employer may      9,508        

withhold a fee from the obligor's benefits as a charge for its     9,509        

services in complying with the notice and a specification of the   9,510        

amount that may be withheld.                                       9,511        

      (c)  The court or agency shall send the notice described in  9,513        

division (D)(2)(b) of this section to the obligor and shall        9,514        

attach to the notice an additional notice requiring the obligor    9,515        

to immediately notify the child support enforcement agency, in     9,516        

writing, of any change in the obligor's workers' compensation      9,517        

payments, of the obligor's commencement of employment, including   9,518        

self-employment, and of the availability of any other sources of   9,519        

income that can be the subject of any withholding or deduction     9,520        

requirement described in division (D) of this section.  The court  9,521        

or agency shall serve the notices upon the obligor at the same     9,522        

                                                          226    

                                                                 
time as service of the support order or, if the support order      9,523        

previously has been issued, shall send the notices to the obligor  9,524        

by regular mail at the obligor's last known address at the same    9,525        

time that it sends the notice described in division (D)(2)(b) of   9,526        

this section to the bureau or employer.  The additional notice     9,527        

also shall notify the obligor that upon commencement of            9,528        

employment the obligor may request the court or the child support  9,529        

enforcement agency to cancel its workers' compensation payment     9,530        

withholding notice and instead issue a notice requiring the        9,531        

withholding of an amount from the obligor's personal earnings for  9,532        

support in accordance with division (D)(1) of this section and     9,534        

that upon commencement of employment the court may cancel its      9,535        

workers' compensation payment withholding notice and instead will  9,536        

issue a notice requiring the withholding of an amount from the     9,537        

obligor's personal earnings for support in accordance with         9,538        

division (D)(1) of this section.  The notification required of                  

the obligor shall include a description of the nature of any new   9,539        

employment, the name and business address of any new employer,     9,540        

and any other information reasonably required by the court.        9,541        

      (3)(a)  If the court or child support enforcement agency     9,543        

determines that the obligor is receiving any pension, annuity,     9,544        

allowance, or other benefit or is to receive or has received a     9,545        

warrant refunding the individual account from the public           9,546        

employees retirement system, a municipal retirement system         9,547        

established subject to sections 145.01 to 145.58 of the Revised    9,548        

Code, the police and firemen's disability and pension fund, the    9,549        

state teachers retirement system, the school employees retirement  9,550        

system, or the state highway patrol retirement system, the court   9,551        

or agency may require the public employees retirement board, the   9,552        

board, board of trustees, or other governing entity of any         9,553        

municipal retirement system, the board of trustees of the police   9,554        

and firemen's disability and pension fund, the state teachers      9,555        

retirement board, the school employees retirement board, or the    9,556        

state highway patrol retirement board to withhold from the         9,557        

                                                          227    

                                                                 
obligor's pension, annuity, allowance, other benefit, or warrant   9,558        

a specified amount for support in satisfaction of the support      9,559        

order, to begin the withholding no later than the date of the      9,560        

first payment that occurs after fourteen working days following    9,561        

the date the notice was mailed to the board, board of trustees,    9,562        

or other entity under divisions (A)(2) or (B) and (D)(3)(b) of     9,563        

this section, to send the amount withheld to the child support     9,564        

enforcement agency designated for that county pursuant to section  9,565        

2301.35 of the Revised Code, to send that amount to the agency     9,566        

immediately but not later than ten days after the date the         9,567        

payment is made to the obligor, to provide the date on which the   9,568        

amount was withheld, and to continue the withholding at intervals  9,569        

specified in the notice until further notice from the court or     9,570        

agency.  To the extent possible, the amount specified in the       9,571        

notice to be withheld shall satisfy the amount ordered for         9,572        

support in the support order plus any arrearages that may be owed  9,573        

by the obligor under any prior support order that pertained to     9,574        

the same child or spouse, notwithstanding the limitations of       9,575        

sections 2329.66, 2329.70, and 2716.13 of the Revised Code.        9,576        

However, in no case shall the sum of the amount specified in the   9,577        

notice to be withheld and any fee withheld by the board, board of  9,578        

trustees, or other entity as a charge for its services exceed the  9,579        

maximum amount permitted under section 303(b) of the "Consumer     9,580        

Credit Protection Act," 15 U.S.C. 1673(b).                         9,581        

      (b)  If the court or agency imposes a withholding            9,583        

requirement under division (D)(3)(a) of this section, it, within   9,584        

the applicable period of time specified in division (A), (B), or   9,585        

(C) of this section, shall send to the board, board of trustees,   9,586        

or other entity by regular mail a notice that contains all of the  9,587        

information set forth in divisions (D)(3)(b)(i) to (ix) of this    9,588        

section.  The notice is final and is enforceable by the court.     9,589        

The notice shall contain all of the following:                     9,590        

      (i)  The amount to be withheld from the obligor's pension,   9,592        

annuity, allowance, other benefit, or warrant and a statement      9,593        

                                                          228    

                                                                 
that the amount actually withheld for support and other purposes,  9,594        

including the fee described in division (D)(3)(b)(ix) of this      9,595        

section, shall not be in excess of the maximum amounts permitted   9,596        

under section 303(b) of the "Consumer Credit Protection Act," 15   9,597        

U.S.C. 1673(b);                                                    9,598        

      (ii)  A statement that the board, board of trustees, or      9,600        

other entity is required to send the amount withheld to the child  9,601        

support enforcement agency immediately, but not later than ten     9,602        

working days, after the payment is made to the obligor and is      9,603        

required to report to the agency the date on which the amount was  9,604        

withheld from the obligor's payments;                              9,605        

      (iii)  A statement that the withholding is binding upon the  9,607        

board, board of trustees, or other entity until further notice     9,608        

from the court or agency;                                          9,609        

      (iv)  A statement that the withholding in accordance with    9,611        

the notice and under the provisions of this section has priority   9,612        

over any other legal process under the law of this state against   9,613        

the same payment of the pension, annuity, allowance, other         9,614        

benefit, or warrant;                                               9,615        

      (v)  The date on which the notice was mailed and a           9,617        

statement that the board, board of trustees, or other entity is    9,618        

required to implement the withholding no later than the date of    9,619        

the first payment that occurs after fourteen working days          9,620        

following the date the notice was mailed and is required to        9,621        

continue the withholding at the intervals specified in the         9,622        

notice;                                                            9,623        

      (vi)  A requirement that the board, board of trustees, or    9,625        

other entity promptly notify the child support enforcement         9,626        

agency, in writing, within ten working days after the date of any  9,627        

termination of the obligor's pension, annuity, allowance, or       9,628        

other benefit;                                                     9,629        

      (vii)  A requirement that the board, board of trustees, or   9,631        

other entity include in all notices the obligor's last known       9,632        

mailing address, last known residence address, and social          9,633        

                                                          229    

                                                                 
security number;                                                   9,634        

      (viii)  A requirement that, no later than the earlier of     9,636        

forty-five days before the lump-sum payment is to be made or, if   9,637        

the obligor's right to the lump-sum payment is determined less     9,638        

than forty-five days before it is to be made, the date on which    9,639        

that determination is made, the board, board of trustees, or       9,640        

other entity notify the child support enforcement agency of any    9,641        

lump-sum payment of any kind of five hundred dollars or more that  9,642        

is to be paid to the obligor, hold the lump-sum payment for        9,643        

thirty days after the date on which the lump-sum payment would     9,644        

otherwise be paid to the obligor, if the lump-sum payments are     9,645        

lump-sum payments of retirement benefits or contributions, and,    9,646        

upon order of the court, pay any specified amount of the lump-sum  9,647        

payment to the agency.                                             9,648        

      (ix)  A statement that, in addition to the amount withheld   9,650        

for support, the board, board of trustees, or other entity may     9,651        

withhold a fee from the obligor's pension, annuity, allowance,     9,652        

other benefit, or warrant as a charge for its services in          9,653        

complying with the notice and a specification of the amount that   9,654        

may be withheld.                                                   9,655        

      (c)  The court or agency shall send the notice described in  9,657        

division (D)(3)(b) of this section to the obligor and shall        9,658        

attach to the notice an additional notice requiring the obligor    9,659        

immediately to notify the child support enforcement agency, in     9,660        

writing, of any change in pension, annuity, allowance, or other    9,662        

benefit, of the commencement of employment, including                           

self-employment, and of the availability of any other sources of   9,663        

income that can be the subject of any withholding or deduction     9,664        

requirement described in division (D) of this section.  The court  9,665        

or agency shall serve the notices upon the obligor at the same     9,666        

time as service of the support order or, if the support order      9,667        

previously has been issued, shall send the notices to the obligor  9,668        

by regular mail at the last known address at the same time that    9,669        

it sends the notice described in division (D)(3)(b) of this        9,670        

                                                          230    

                                                                 
section to the board, board of trustees, or other entity.  The     9,671        

additional notice also shall specify that upon commencement of     9,673        

employment the obligor may request the court or the child support  9,674        

enforcement agency to issue a notice requiring the withholding of  9,675        

an amount from personal earnings for support in accordance with    9,676        

division (D)(1) of this section and that upon commencement of      9,677        

employment the court may cancel its withholding notice under       9,678        

division (D)(3)(b) of this section and instead will issue a        9,679        

notice requiring the withholding of an amount from personal        9,680        

earnings for support in accordance with division (D)(1) of this    9,681        

section.  The notification required of the obligor shall include   9,682        

a description of the nature of any new employment, the name and    9,683        

business address of any new employer, and any other information    9,684        

reasonably required by the court.                                               

      (4)(a)  If the court or child support enforcement agency     9,686        

determines that the obligor is receiving any form of income,       9,687        

including, but not limited to, disability or sick pay, insurance   9,688        

proceeds, lottery prize awards, federal, state, or local           9,689        

government benefits to the extent that the benefits can be         9,690        

withheld or deducted under any law governing the benefits, any     9,691        

form of trust fund or endowment fund, vacation pay, commissions    9,692        

and draws against commissions that are paid on a regular basis,    9,693        

bonuses or profit-sharing payments or distributions, or any        9,694        

lump-sum payments, the court or agency may require the person who  9,695        

pays or otherwise distributes the income to the obligor to         9,696        

withhold from the obligor's income a specified amount for support  9,697        

in satisfaction of the support order, to begin the withholding no  9,698        

later than the date of the first payment that occurs after         9,699        

fourteen working days following the date the notice was mailed to  9,700        

the person paying or otherwise distributing the obligor's income   9,701        

under divisions (A)(2) or (B) and (D)(4)(b) of this section, to    9,702        

send the amount withheld to the child support enforcement agency   9,703        

designated for that county pursuant to section 2301.35 of the      9,704        

Revised Code, to send that amount to the agency immediately but    9,705        

                                                          231    

                                                                 
not later than ten days after the date the payment is made to the  9,706        

obligor, to provide the date on which the amount was withheld,     9,707        

and to continue the withholding at intervals specified in the      9,708        

notice until further notice from the court or agency.  To the      9,709        

extent possible, the amount specified in the notice to be          9,710        

withheld shall satisfy the amount ordered for support in the       9,711        

support order plus any arrearages that may be owed by the obligor  9,712        

under any prior support order that pertained to the same child or  9,713        

spouse, notwithstanding the limitations of sections 2329.66,       9,714        

2329.70, and 2716.13 of the Revised Code.  However, in no case     9,715        

shall the sum of the amount specified in the notice to be          9,716        

withheld and any fee withheld by the person paying or otherwise    9,717        

distributing the obligor's income as a charge for its services     9,718        

exceed the maximum amount permitted under section 303(b) of the    9,719        

"Consumer Credit Protection Act," 15 U.S.C. 1673(b).               9,720        

      (b)  If the court or agency imposes a withholding            9,722        

requirement under division (D)(4)(a) of this section, it, within   9,723        

the applicable period of time specified in division (A), (B), or   9,724        

(C) of this section, shall send to the person paying or otherwise  9,725        

distributing the obligor's income by regular mail a notice that    9,726        

contains all of the information set forth in divisions             9,727        

(D)(4)(b)(i) to (ix) of this section.  The notice is final and is  9,728        

enforceable by the court.  The notice shall contain all of the     9,729        

following:                                                         9,730        

      (i)  The amount to be withheld from the obligor's income     9,732        

and a statement that the amount actually withheld for support and  9,733        

other purposes, including the fee described in division            9,734        

(D)(4)(b)(ix) of this section, shall not be in excess of the       9,735        

maximum amounts permitted under section 303(b) of the "Consumer    9,736        

Credit Protection Act," 15 U.S.C. 1673(b);                         9,737        

      (ii)  A statement that the person paying or otherwise        9,739        

distributing the obligor's income is required to send the amount   9,740        

withheld to the child support enforcement agency immediately, but  9,741        

not later than ten working days, after the payment is made to the  9,742        

                                                          232    

                                                                 
obligor and is required to report to the agency the date on which  9,743        

the amount was withheld from the obligor's payments;               9,744        

      (iii)  A statement that the withholding is binding upon the  9,746        

person paying or otherwise distributing the obligor's income       9,747        

until further notice from the court or agency;                     9,748        

      (iv)  A statement that the withholding in accordance with    9,750        

the notice and under the provisions of this section has priority   9,751        

over any other legal process under the law of this state against   9,752        

the same payment of the income;                                    9,753        

      (v)  A statement that the person paying or otherwise         9,755        

distributing the obligor's income is required to implement the     9,756        

withholding no later than the date of the first payment that       9,757        

occurs after fourteen working days following the date the notice   9,758        

was mailed and is required to continue the withholding at the      9,759        

intervals specified in the notice;                                 9,760        

      (vi)  A requirement that the person paying or otherwise      9,762        

distributing the obligor's income promptly notify the child        9,763        

support enforcement agency, in writing, within ten days after the  9,764        

date of any termination of the obligor's income;                   9,765        

      (vii)  A requirement that the person paying or otherwise     9,767        

distributing the obligor's income include in all notices the       9,768        

obligor's last known mailing address, last known residence         9,769        

address, and social security number;                               9,770        

      (viii)  A requirement that, no later than the earlier of     9,772        

forty-five days before the lump-sum payment is to be made or, if   9,773        

the obligor's right to the lump-sum payment is determined less     9,774        

than forty-five days before it is to be made, the date on which    9,775        

that determination is made, the person paying or otherwise         9,776        

distributing the obligor's income notify the child support         9,777        

enforcement agency of any lump-sum payment of any kind of five     9,778        

hundred dollars or more that is to be paid to the obligor, hold    9,779        

the lump-sum payment for thirty days after the date on which the   9,780        

lump-sum payment would otherwise be paid to the obligor, if the    9,781        

lump-sum payment is sick pay, lump-sum payment of retirement       9,782        

                                                          233    

                                                                 
benefits or contributions, or profit-sharing payments or           9,783        

distributions, and, upon order of the court, pay any specified     9,784        

amount of the lump-sum payment to the child support enforcement    9,785        

agency.                                                            9,786        

      (ix)  A statement that, in addition to the amount withheld   9,788        

for support, the person paying or otherwise distributing the       9,789        

obligor's income may withhold a fee from the obligor's income as   9,790        

a charge for its services in complying with the order and a        9,791        

specification of the amount that may be withheld.                  9,792        

      (c)  The court or agency shall send the notice described in  9,794        

division (D)(4)(b) of this section to the obligor and shall        9,795        

attach to the notice an additional notice requiring the obligor    9,796        

immediately to notify the child support enforcement agency, in     9,797        

writing, of any change in income to which the withholding notice   9,799        

applies, of the commencement of employment, including                           

self-employment, and of the availability of any other sources of   9,800        

income that can be the subject of any withholding or deduction     9,801        

requirement described in division (D) of this section.  The court  9,802        

or agency shall serve the notices upon the obligor at the same     9,803        

time as service of the support order or, if the support order      9,804        

previously has been issued, shall send the notices to the obligor  9,805        

by regular mail at the last known address at the same time that    9,806        

it sends the notice described in division (D)(4)(b) of this        9,807        

section to the person paying or otherwise distributing the         9,808        

obligor's income.  The additional notice also shall specify that   9,809        

upon commencement of employment the obligor may request the court  9,811        

or child support enforcement agency to issue a notice requiring    9,812        

the withholding of an amount from the obligor's personal earnings  9,813        

for support in accordance with division (D)(1) of this section                  

and that upon commencement of employment the court may cancel its  9,815        

withholding notice under division (D)(4)(b) of this section and    9,816        

instead will issue a notice requiring the withholding of an                     

amount from personal earnings for support in accordance with       9,817        

division (D)(1) of this section.  The notification required of     9,818        

                                                          234    

                                                                 
the obligor shall include a description of the nature of any new   9,819        

employment, the name and business address of any new employer,     9,820        

and any other information reasonably required by the court.        9,821        

      (5)(a)  If the court or child support enforcement agency     9,823        

determines that the obligor has funds on deposit in any account    9,824        

in a financial institution under the jurisdiction of the court,    9,825        

the court or agency may require any financial institution in       9,826        

which the obligor's funds are on deposit to deduct from the        9,827        

obligor's account a specified amount for support in satisfaction   9,828        

of the support order, to begin the deduction no later than         9,829        

fourteen working days following the date the notice was mailed to  9,830        

the financial institution under divisions (A)(2) or (B) and        9,832        

(D)(5)(2)(b) of this section, to send the amount deducted to the   9,833        

DIVISION OF child support enforcement agency designated for that   9,834        

county IN THE DEPARTMENT OF HUMAN SERVICES pursuant to section     9,836        

2301.35 5101.325 of the Revised Code, to send that amount to the   9,838        

agency DIVISION immediately but not later than ten SEVEN WORKING   9,839        

days after the date the latest deduction was made, to provide the  9,840        

date on which the amount was deducted, and to continue the         9,841        

deduction at intervals specified in the notice until further       9,842        

notice from the court or CHILD SUPPORT ENFORCEMENT agency.  To     9,843        

the extent possible, the amount specified in the notice to be      9,845        

deducted shall satisfy the amount ordered for support in the       9,846        

support order plus any arrearages that may be owed by the obligor  9,847        

under any prior support order that pertained to the same child or  9,848        

spouse, notwithstanding the limitations of sections 2329.66,       9,849        

2329.70, and 2716.13 of the Revised Code.  However, in no case     9,850        

shall the sum of the amount specified in the notice to be          9,851        

deducted and the fee deducted by the financial institution as a    9,852        

charge for its services exceed the maximum amount permitted under  9,853        

section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.  9,854        

1673(b).                                                                        

      (b)  If the court or agency imposes a withholding            9,856        

requirement under division (D)(5)(2)(a) of this section, it,       9,857        

                                                          235    

                                                                 
within the applicable period of time specified in division (A),    9,859        

(B), or (C) of this section, shall send to the financial           9,860        

institution by regular mail a notice that contains all of the      9,861        

information set forth in divisions (D)(5)(2)(b)(i) to (viii) of    9,862        

this section.  The notice is final and is enforceable by the       9,864        

court.  The notice shall contain all of the following:             9,865        

      (i)  The amount to be deducted from the obligor's account    9,867        

and a statement that the amount actually deducted for support and  9,868        

other purposes, including the fee described in division            9,869        

(D)(5)(b)(viii) of this section, shall not be in excess of the     9,871        

maximum amounts permitted under section 303(b) of the "Consumer    9,872        

Credit Protection Act," 15 U.S.C. 1673(b);                         9,873        

      (ii)  A statement that the financial institution is          9,875        

required to send the amount deducted to the DIVISION OF child      9,876        

support enforcement agency immediately, but not later than ten     9,877        

SEVEN working days, after the date the last deduction was made     9,879        

and is required to report to the CHILD SUPPORT ENFORCEMENT agency  9,880        

the date on which the amount was deducted from the obligor's       9,882        

account;                                                                        

      (iii)  A statement that the deduction is binding upon the    9,884        

financial institution until further notice from the court or       9,885        

agency;                                                            9,886        

      (iv)  A statement that the withholding in accordance with    9,888        

the notice and under the provisions of this section has priority   9,889        

over any other legal process under the law of this state against   9,890        

the same account;                                                  9,891        

      (v)  The date on which the notice was mailed and a           9,893        

statement that the financial institution is required to implement  9,894        

the deduction no later than fourteen working days following the    9,895        

date the notice was mailed and is required to continue the         9,896        

deduction at the intervals specified in the notice;                9,897        

      (vi)  A requirement that the financial institution promptly  9,899        

notify the child support enforcement agency, in writing, within    9,900        

ten days after the date of any termination of the account from     9,901        

                                                          236    

                                                                 
which the deduction is being made and notify the agency, in        9,902        

writing, of the opening of a new account at that financial         9,903        

institution, the account number of the new account, the name of    9,904        

any other known financial institutions in which the obligor has    9,905        

any accounts, and the numbers of those accounts;                   9,906        

      (vii)  A requirement that the financial institution include  9,908        

in all notices the obligor's last known mailing address, last      9,909        

known residence address, and social security number;               9,910        

      (viii)  A statement that, in addition to the amount          9,912        

deducted for support, the financial institution may deduct a fee   9,913        

from the obligor's account as a charge for its services in         9,914        

complying with the notice and a specification of the amount that   9,915        

may be deducted.                                                   9,916        

      (c)  The court or agency shall send the notice described in  9,918        

division (D)(5)(2)(b) of this section to the obligor and shall     9,919        

attach to the notice an additional notice requiring the obligor    9,920        

immediately to notify the child support enforcement agency, in     9,921        

writing, of any change in the status of the account from which     9,922        

the amount of support is being deducted or the opening of a new    9,923        

account with any financial institution, of commencement of         9,924        

employment, including self-employment, or of the availability of   9,925        

any other sources of income that can be the subject of any         9,926        

withholding or deduction requirement described in division (D) of  9,927        

this section.  The court or agency shall serve the notices upon    9,928        

the obligor at the same time as service of the support order or,   9,929        

if the support order previously has been issued, shall send the    9,930        

notices to the obligor by regular mail at the last known address   9,931        

at the same time that it sends the notice described in division    9,932        

(D)(5)(2)(b) of this section to the financial institution.  The    9,934        

additional notice also shall specify that upon commencement of     9,936        

employment, the obligor may request the court or child support     9,937        

enforcement agency to cancel its financial institution account     9,938        

deduction notice and instead issue a notice requiring the                       

withholding of an amount from personal earnings for support in     9,940        

                                                          237    

                                                                 
accordance with division (D)(1) of this section and that upon                   

commencement of employment the court may cancel its financial      9,941        

institution account deduction notice under division (D)(5)(2)(b)   9,943        

of this section and instead will issue a notice requiring the      9,944        

withholding of an amount from personal earnings for support in     9,946        

accordance with division (D)(1) of this section.  The                           

notification required of the obligor shall include a description   9,947        

of the nature of any new accounts opened at a financial            9,948        

institution under the jurisdiction of the court, the name and      9,949        

business address of that financial institution, a description of   9,950        

the nature of any new employment OR INCOME SOURCE, the name and,   9,952        

business address, AND TELEPHONE NUMBER of any new employer OR      9,953        

INCOME SOURCE, and any other information reasonably required by    9,955        

the court.                                                                      

      (6)(3)  The court may issue an order requiring the obligor   9,957        

to enter into a cash bond with the court.  The court shall issue   9,958        

the order as part of the support order or, if the support order    9,959        

previously has been issued, as a separate order.  Any cash bond    9,960        

so required shall be in a sum fixed by the court at not less than  9,961        

five hundred nor more than ten thousand dollars, conditioned that  9,962        

the obligor will make payment as previously ordered and will pay   9,963        

any arrearages under any prior support order that pertained to     9,964        

the same child or spouse.  The order, along with an additional     9,965        

order requiring the obligor to immediately notify the child        9,966        

support enforcement agency, in writing, of commencement of         9,967        

employment, including self-employment IF THE OBLIGOR BEGINS TO     9,968        

RECEIVE INCOME FROM A PAYOR, shall be attached to, and shall be    9,970        

served upon the obligor at the same time as service of, the        9,971        

support order or, if the support order previously has been                      

issued, as soon as possible after the issuance of the order under  9,972        

this division.  The additional order also shall specify that upon  9,973        

commencement of employment WHEN THE OBLIGOR BEGINS TO RECEIVE      9,974        

INCOME FROM A PAYOR the obligor may request the court to cancel    9,976        

its bond order and instead issue a notice requiring the            9,977        

                                                          238    

                                                                 
withholding of an amount from personal earnings INCOME for         9,979        

support in accordance with division (D)(1) of this section and     9,980        

that upon commencement of employment WHEN THE OBLIGOR BEGINS TO                 

RECEIVE INCOME FROM A PAYOR the court will proceed to collect on   9,982        

the bond, if the court determines that payments due under the      9,983        

support order have not been made and that the amount that has not  9,984        

been paid is at least equal to the support owed for one month      9,985        

under the support order, and will issue a notice requiring the     9,986        

withholding of an amount from personal earnings INCOME for         9,987        

support in accordance with division (D)(1) of this section.  The   9,989        

notification required of the obligor shall include a description   9,990        

of the nature of any new employment, the name and business         9,991        

address of any new employer, and any other information reasonably  9,992        

required by the court.                                                          

      The court shall not order an obligor to post a cash bond     9,994        

under this division unless the court determines that the obligor   9,995        

has the ability to do so.  A child support enforcement agency      9,996        

shall not issue an order of the type described in this division.   9,997        

If a child support enforcement agency is required to issue a       9,998        

withholding or deduction notice under division (D) of this         9,999        

section but the agency determines that no notice of the type       10,000       

described in division (D)(1) to (5) OR (2) of this section would   10,002       

be appropriate, the agency may request the court to issue a court  10,003       

order under this division, and, upon the request, the court may    10,004       

issue an order as described in this division.                      10,005       

      (7)(4)  If the obligor is unemployed, has no income, and     10,007       

does not have an account at any financial institution, OR ON       10,008       

REQUEST OF A CHILD SUPPORT ENFORCEMENT AGENCY MADE UNDER SECTION   10,009       

3111.231 OF THE REVISED CODE, the court shall issue an order       10,011       

requiring the obligor to seek employment, if the obligor is able   10,012       

to engage in employment and immediately to, TO SEEK EMPLOYMENT OR  10,013       

PARTICIPATE IN A WORK ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE  10,014       

UNDER TITLE IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620        10,020       

(1935), 42 U.S.C.A. 301, AS AMENDED, MAY BE ASSIGNED AS SPECIFIED  10,022       

                                                          239    

                                                                 
IN SECTION 407(d) OF THE "SOCIAL SECURITY ACT," 42 U.S.C.A.        10,028       

607(d), AS AMENDED.  THE COURT SHALL INCLUDE IN THE ORDER A        10,029       

REQUIREMENT THAT THE OBLIGOR notify the child support enforcement  10,031       

agency upon obtaining employment, upon obtaining any income, or    10,032       

upon obtaining ownership of any asset with a value of five         10,033       

hundred dollars or more.  THE COURT MAY ISSUE THE ORDER            10,035       

REGARDLESS OF WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES                      

SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER TITLE (IV)-A OF THE     10,037       

"SOCIAL SECURITY ACT."  The court shall issue the notice ORDER as  10,038       

part of the A support order or, if the A support order previously  10,040       

has been issued, as a separate notice. A child support             10,041       

enforcement agency shall not issue a notice of the type described  10,042       

in this division ORDER.  If a child support enforcement agency is  10,043       

required to issue a withholding or deduction notice under          10,044       

division (D) of this section but the agency determines that no     10,045       

notice of the type described in division (D)(1) to (5) OR (2) of   10,046       

this section would be appropriate, the agency may request the      10,048       

court to issue a court order under this division (D)(4) OF THIS    10,049       

SECTION, and, upon the request, the court may issue an order as    10,050       

described in this division (D)(4) OF THIS SECTION.                 10,051       

      IF AN OBLIGOR IS ORDERED TO PARTICIPATE IN A WORK ACTIVITY,  10,054       

THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH THE    10,055       

OBLIGOR RESIDES SHALL OVERSEE THE OBLIGOR'S PARTICIPATION IN       10,056       

ACCORDANCE WITH RULES THE DEPARTMENT OF HUMAN SERVICES SHALL       10,057       

ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  A      10,060       

CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTRACT WITH ONE OR MORE     10,061       

GOVERNMENTAL AGENCIES OR PERSONS TO CARRY OUT SOME OR ALL OF ITS   10,062       

OVERSIGHT DUTIES.                                                  10,063       

      (E)  If a court or child support enforcement agency is       10,065       

required under division (A), (B), or (C) of this section or any    10,066       

other section of the Revised Code to issue one or more notices or  10,067       

court orders described in division (D) of this section, the court  10,068       

or agency to the extent possible shall issue a sufficient number   10,069       

of notices or court orders under division (D) of this section to   10,070       

                                                          240    

                                                                 
provide that the aggregate amount withheld or deducted under       10,071       

those notices or court orders satisfies the amount ordered for     10,072       

support in the support order plus any arrearages that may be owed  10,073       

by the obligor under any prior support order that pertained to     10,074       

the same child or spouse, notwithstanding the limitations of       10,075       

sections 2329.66, 2329.70, 2716.13, and 4123.67 of the Revised     10,076       

Code.  However, in no case shall the aggregate amount withheld or  10,077       

deducted PURSUANT TO A WITHHOLDING NOTICE ISSUED UNDER DIVISION    10,079       

(D)(1) OF THIS SECTION and any fees withheld or deducted PURSUANT  10,080       

TO THE NOTICE as a charge for services exceed the maximum amount   10,081       

permitted under section 303(b) of the "Consumer Credit Protection  10,082       

Act," 15 U.S.C. 1673(b).                                                        

      (F)(1)  Any withholding or deduction requirement that is     10,084       

contained in a notice described in division (D) of this section    10,085       

and that is required to be issued by division (A), (B), or (C) of  10,086       

this section or any other section of the Revised Code has          10,087       

priority over any order of attachment, any order in aid of         10,088       

execution, and any other legal process issued under state law      10,089       

against the same earnings, payments, or account.                   10,090       

      (2)  When two or more withholding or deduction notices that  10,092       

are described in division (D)(1) of this section and that are      10,093       

required to be issued by division (A), (B), or (C) of this         10,094       

section or any other section of the Revised Code are received by   10,095       

an employer, the bureau of workers' compensation, an employer      10,096       

that is paying more than one person's workers' compensation        10,097       

benefits, the public employees retirement board, the board, board  10,098       

of trustees, or other governing entity of any municipal            10,099       

retirement system, the board of trustees of the police and         10,100       

firemen's disability and pension fund, the state teachers          10,101       

retirement board, the school employees retirement board, the       10,102       

state highway patrol retirement board, a person paying or          10,103       

otherwise distributing income for more than one obligor, or a      10,105       

financial institution, the employer, bureau of workers'            10,106       

compensation, employer paying workers' compensation benefits,      10,107       

                                                          241    

                                                                 
board, board of trustees, or other governing entity of a           10,108       

retirement system, person paying or distributing income to an      10,109       

obligor, or financial institution THE PAYOR shall comply with all  10,111       

of the requirements contained in the notices to the extent that    10,114       

the total amount withheld from the obligor's personal earnings,    10,115       

payments, pensions, annuities, allowances, benefits, other         10,116       

sources of income, or savings does not exceed the maximum amount   10,117       

permitted under section 303(b) of the "Consumer Credit Protection  10,118       

Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance  10,119       

with the allocation set forth in divisions (F)(2)(a) and (b) of    10,120       

this section, notify each court or child support enforcement       10,121       

agency that issued one of the notices of the allocation, and give  10,122       

priority to amounts designated in each notice as current support   10,123       

in the following manner:                                           10,124       

      (a)  If the total of the amounts designated in the notices   10,126       

as current support exceeds the amount available for withholding    10,127       

under section 303(b) of the "Consumer Credit Protection Act," 15   10,128       

U.S.C. 1673(b), the employer, bureau of workers' compensation,     10,129       

employer paying workers' compensation benefits, board, board of    10,130       

trustees, or other governing entity of a municipal retirement      10,131       

system, person paying or distributing income to an obligor, or     10,133       

financial institution PAYOR shall allocate to each notice an       10,134       

amount for current support equal to the amount designated in that  10,136       

notice as current support multiplied by a fraction in which the    10,137       

numerator is the amount of personal earnings, payments, pensions,  10,138       

annuities, allowances, benefits, other sources of income, or       10,139       

savings available for withholding and the denominator is the       10,140       

total amount designated in all of the notices as current support.  10,141       

      (b)  If the total of the amounts designated in the notices   10,143       

as current support does not exceed the amount available for        10,144       

withholding under section 303(b) of the "Consumer Credit           10,145       

Protection Act," 15 U.S.C. 1673(b), the persons and entities       10,146       

listed in division (F)(2)(a) of this section PAYOR shall pay all   10,148       

of the amounts designated as current support in the notices and    10,149       

                                                          242    

                                                                 
shall allocate to each notice an amount for past-due support       10,150       

equal to the amount designated in that notice as past-due support  10,151       

multiplied by a fraction in which the numerator is the amount of   10,152       

personal earnings, payments, pensions, annuities, allowances,      10,153       

benefits, other sources of income, or savings remaining available  10,154       

for withholding after the payment of current support and the       10,155       

denominator is the total amount designated in all of the notices   10,156       

as past-due support.                                               10,157       

      (G)(1)  Except when a provision specifically authorizes or   10,159       

requires service other than as described in this division,         10,160       

service of any notice on any party, the bureau of workers'         10,161       

compensation, an employer that is paying a person's workers'       10,162       

compensation benefits, the public employees retirement board, the  10,163       

board, board of trustees, or other governing entity of any         10,164       

municipal retirement system, the board of trustees of the police   10,165       

and firemen's disability and pension fund, the state teachers      10,166       

retirement board, the school employees retirement board, the       10,167       

state highway patrol retirement board, a person paying or          10,168       

otherwise distributing an obligor's income, a financial            10,169       

institution, or an employer PAYOR, for purposes of division (A),   10,170       

(B), (C), or (D) of this section, may SHALL be made by personal    10,172       

service or ordinary first class mail directed to the addressee at  10,174       

the last known address, or, in the case of a corporation, at its   10,175       

usual place of doing business.  Any service of notice by ordinary  10,176       

first class mail shall be evidenced by a certificate of mailing    10,177       

filed with the clerk of the court A NOTICE SHALL BE CONSIDERED TO  10,178       

HAVE BEEN SERVED WHEN IT IS MAILED.                                10,179       

      (2)  Each party to a support order shall notify the child    10,181       

support enforcement agency of the party's current mailing address  10,182       

and, current residence address, CURRENT RESIDENCE TELEPHONE        10,184       

NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER, at the time of the    10,185       

issuance or modification of the order and, until further notice    10,186       

of the court that issues the order, shall notify the agency of     10,187       

any change in either address THAT INFORMATION immediately after    10,188       

                                                          243    

                                                                 
the change occurs.  Any willful failure to comply with this        10,190       

division is contempt of court.  No person shall fail to give the   10,191       

notice required by division (G)(2) of this section.                             

      (3)  Each support order, or modification of a support        10,193       

order, that is subject to this section shall contain a statement   10,194       

requiring each party to the order to notify the child support      10,195       

enforcement agency in writing of the party's current mailing       10,196       

address, the party's current residence address, and of any         10,198       

changes in either address and a notice that the requirement to     10,200       

notify the agency of all changes in either address continues       10,202       

until further notice from the court and that a willful failure to  10,203       

supply a correct mailing address or residence address or to        10,205       

provide the agency with all changes in either address is contempt  10,207       

of court.  NOTICE THAT STATES THE FOLLOWING IN BOLDFACED TYPE AND  10,209       

IN ALL CAPITAL LETTERS:                                            10,210       

      "EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD      10,213       

SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT        10,214       

MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE      10,215       

TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY      10,216       

CHANGES IN THAT INFORMATION.  EACH PARTY MUST NOTIFY THE AGENCY    10,217       

OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT.  IF YOU ARE    10,218       

THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE   10,219       

REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST      10,220       

OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT   10,221       

OFFENSE.  IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT                    

ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS    10,222       

YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES    10,224       

UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.           10,225       

      IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED      10,227       

NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING          10,228       

ENFORCEMENT ACTIONS AGAINST YOU:  IMPOSITION OF LIENS AGAINST      10,229       

YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE,  10,231       

DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR   10,232       

INCOME; DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS;    10,233       

                                                          244    

                                                                 
AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO  10,234       

SATISFY YOUR SUPPORT OBLIGATION."                                  10,235       

      (4)(a)  The parent who is the residential parent and legal   10,237       

custodian of a child for whom a support order is issued or the     10,238       

person who otherwise has custody of a child for whom a support     10,239       

order is issued immediately shall notify, and the obligor under a  10,240       

support order may notify, the child support enforcement agency of  10,241       

any reason for which the support order should terminate,           10,242       

including, but not limited to, THE CHILD'S ATTAINMENT OF THE AGE   10,243       

OF MAJORITY IF THE CHILD NO LONGER ATTENDS AN ACCREDITED HIGH      10,244       

SCHOOL ON A FULL-TIME BASIS, DOES NOT HAVE A DEVELOPMENTAL         10,247       

DISABILITY AS DEFINED IN SECTION 5123.01 OF THE REVISED CODE, AND  10,248       

THE SUPPORT ORDER DOES NOT PROVIDE FOR THE DUTY OF SUPPORT TO      10,249       

CONTINUE PAST THE AGE OF MAJORITY; the child ceasing to attend     10,250       

such a high school on a full-time basis after attaining the age    10,253       

of majority, IF THE CHILD DOES NOT HAVE A DEVELOPMENTAL            10,255       

DISABILITY AND THE SUPPORT ORDER DOES NOT PROVIDE FOR THE DUTY OF  10,256       

SUPPORT TO CONTINUE PAST THE AGE OF MAJORITY; OR THE death,        10,258       

marriage, emancipation, enlistment in the armed services,          10,259       

deportation, or change of legal or physical custody of the child.  10,260       

A willful failure to notify the child support enforcement agency   10,261       

as required by this division is contempt of court.  Upon receipt   10,262       

of a notice pursuant to this division, the agency immediately      10,263       

shall conduct an investigation to determine if any reason exists   10,264       

for which the support order should terminate.  THE AGENCY MAY      10,265       

CONDUCT SUCH AN INVESTIGATION REGARDLESS OF WHETHER IT RECEIVED    10,266       

NOTICE UNDER THIS DIVISION.  If the agency so determines THE       10,267       

ORDER SHOULD TERMINATE, it immediately shall notify the court      10,268       

that issued the support order of the reason for which the support  10,269       

order should terminate.                                                         

      (b)  Upon receipt of a notice given pursuant to division     10,271       

(G)(4)(a) of this section, the court shall ORDER THE DIVISION OF   10,272       

CHILD SUPPORT TO impound any funds received for the child          10,274       

pursuant to the support order and THE COURT SHALL set the case     10,276       

                                                          245    

                                                                 
for a hearing for a determination of whether the support order     10,277       

should be terminated or modified or whether the court should take  10,278       

any other appropriate action.                                                   

      (c)  If the court terminates a support order pursuant to     10,280       

divisions (G)(4)(a) and (b) of this section, the termination of    10,281       

the support order also terminates any withholding or deduction     10,282       

order as described in division (D) or (H) of this section that     10,283       

was issued relative to the support order prior to December 31,     10,284       

1993, and any withholding or deduction notice as described in      10,285       

division (D) or court order as described in division (D)(6)(3),    10,287       

(D)(7)(4), or (H) of this section that was issued relative to the  10,290       

support order on or after December 31, 1993.  Upon the             10,291       

termination of any withholding or deduction order or any           10,292       

withholding or deduction notice, the court immediately shall       10,293       

notify the appropriate child support enforcement agency that the   10,294       

order or notice has been terminated, and the agency immediately    10,295       

shall notify each employer, PAYOR OR financial institution, or     10,297       

other person or entity that was required to withhold or deduct a   10,298       

sum of money for the payment of support under the terminated       10,299       

withholding or deduction order or the terminated withholding or    10,300       

deduction notice that the order or notice has been terminated and  10,301       

that it is required to cease all withholding or deduction under    10,302       

the order or notice.                                               10,303       

      (d)  The department of human services shall adopt rules      10,305       

that provide for both of the following:                            10,306       

      (i)  The return to the appropriate person of any funds that  10,308       

a court has ORDERED impounded under division (G)(4)(b) of this     10,309       

section if the support order under which the funds were paid has   10,311       

been terminated pursuant to divisions (G)(4)(a) and (b) of this    10,312       

section;                                                           10,313       

      (ii)  The return to the appropriate person of any other      10,315       

payments made pursuant to a support order if the payments were     10,316       

made at any time after the support order under which the funds     10,317       

were paid has been terminated pursuant to divisions (G)(4)(a) and  10,318       

                                                          246    

                                                                 
(b) of this section.                                               10,319       

      (5)  If any party to a support order requests a              10,321       

modification of the order or if any obligee under a support order  10,322       

or any person on behalf of the obligee files any action to         10,323       

enforce a support order, the court shall notify the child support  10,324       

enforcement agency that is administering the support order or      10,325       

that will administer the order after the court's determination of  10,326       

the request or the action, of the request or the filing.           10,327       

      (6)  When a child support enforcement agency receives any    10,329       

notice under division (G) of section 2151.23, section 2301.37,     10,330       

division (E) of section 3105.18, division (C) of section 3105.21,  10,331       

division (A) of section 3109.05, division (F) of section 3111.13,  10,332       

division (B) of section 3113.04, section 3113.21, section          10,333       

3113.211, section 3113.212, division (K) of section 3113.31, or    10,334       

division (D)(C)(3) of section 3115.22 3115.31 of the Revised       10,336       

Code, it shall issue the most appropriate notices under division   10,337       

(D) of this section.  Additionally, it shall do all of the         10,338       

following:                                                                      

      (a)  If the obligor is subject to a withholding notice       10,340       

issued under division (D)(1) of this section and the notice        10,341       

relates to the obligor's change of employment, send a withholding  10,342       

notice under that division to the new employer of the obligor as   10,343       

soon as the agency obtains knowledge of that employer;             10,344       

      (b)  If the notification received by the agency specifies    10,346       

that a lump-sum payment of five hundred dollars or more is to be   10,347       

paid to the obligor, notify the court of the receipt of the        10,348       

notice and its contents;                                           10,349       

      (c)  Comply with section 3113.212 of the Revised Code, as    10,351       

appropriate.                                                       10,352       

      (H)(1)(a)  For purposes of division (D)(1) of this section,  10,354       

when a person who fails to comply with a support order that is     10,355       

subject to that division derives income from self-employment or    10,356       

commission, is employed by an employer not subject to the          10,357       

jurisdiction of the court, or is in any other employment           10,358       

                                                          247    

                                                                 
situation that makes the application of that division              10,359       

impracticable, the court may require the person to enter into a    10,360       

cash bond to the court in a sum fixed by the court at not less     10,361       

than five hundred nor more than ten thousand dollars, conditioned  10,362       

that the person will make payment as previously ordered.           10,363       

      (b)  When a court determines at a hearing conducted under    10,365       

division (B) of this section, or a child support enforcement       10,366       

agency determines at a hearing or pursuant to an investigation     10,367       

conducted under division (B) of this section, that the obligor     10,368       

under the order in relation to which the hearing or investigation  10,369       

is conducted is unemployed and has no other source of income and   10,370       

no assets so that the application of divisions (B) and (D) of      10,371       

this section would be impracticable, the court shall issue an      10,372       

order as described in division (D)(7)(4) of this section and       10,373       

shall order the obligor to notify the child support enforcement    10,375       

agency in writing immediately upon commencement of employment,     10,376       

including self-employment, of the receipt of workers'              10,377       

compensation payments, of the receipt of any other source of       10,378       

income, or of the opening of an account in a financial             10,379       

institution, and to include in the notification a description of   10,380       

the nature of the employment OR INCOME SOURCE, the name and,       10,382       

business address, AND TELEPHONE NUMBER of the employer OR INCOME   10,383       

SOURCE, and any other information reasonably required by the       10,385       

court.                                                                          

      (2)  When a court determines, at a hearing conducted under   10,387       

division (C)(2) of this section, that an obligor is unemployed,    10,388       

is not receiving workers' compensation payments, does not have an  10,389       

account in a financial institution, and has no other source of     10,390       

income and no assets so that the application of divisions (C)(2)   10,391       

and (D) of this section would be impracticable, the court shall    10,392       

issue an order as described in division (D)(7)(4) of this section  10,394       

and shall order the obligor to notify the child support            10,395       

enforcement agency, in writing, immediately upon commencement of   10,397       

employment, including self-employment, of the receipt of workers'  10,398       

                                                          248    

                                                                 
compensation payments, of the receipt of any other source of       10,399       

income, or of the opening of an account in a financial                          

institution, and to include in the notification a description of   10,400       

the nature of the employment OR INCOME SOURCE, the name and,       10,402       

business address, AND TELEPHONE NUMBER of the employer OR INCOME   10,403       

SOURCE or the name and, address, AND TELEPHONE NUMBER of the       10,404       

financial institution, and any other information reasonably        10,405       

required by the court.                                             10,406       

      (3)(a)  Upon receipt of a notice from a child support        10,408       

enforcement agency under division (G)(6) of this section that a    10,409       

lump-sum payment of five hundred dollars or more is to be paid to  10,410       

the obligor, the court shall do either of the following:           10,411       

      (i)  If the obligor is in default under the support order    10,413       

or has any unpaid arrearages under the support order, issue an     10,414       

order requiring the transmittal of the lump-sum payment to the     10,415       

DIVISION OF child support enforcement agency.                      10,416       

      (ii)  If the obligor is not in default under the support     10,418       

order and does not have any unpaid arrearages under the support    10,419       

order, issue an order directing the person who gave the notice to  10,420       

the court to immediately pay the full amount of the lump-sum       10,421       

payment to the obligor.                                            10,422       

      (b)  Upon receipt of any moneys pursuant to division         10,424       

(H)(3)(a) of this section, a THE DIVISION OF child support         10,425       

enforcement agency shall pay the amount of the lump-sum payment    10,427       

that is necessary to discharge all of the obligor's arrearages to  10,428       

the obligee and, within two business days after its receipt of     10,429       

the money, any amount that is remaining after the payment of the   10,430       

arrearages to the obligor.                                         10,431       

      (c)  Any court that issued an order prior to December 1,     10,433       

1986, requiring an employer to withhold an amount from an          10,434       

obligor's personal earnings for the payment of support shall       10,435       

issue a supplemental order that does not change the original       10,436       

order or the related support order requiring the employer to do    10,437       

all of the following:                                              10,438       

                                                          249    

                                                                 
      (i)  No later than the earlier of forty-five days before a   10,440       

lump-sum payment is to be made or, if the obligor's right to a     10,441       

lump-sum payment is determined less than forty-five days before    10,442       

it is to be made, the date on which that determination is made,    10,443       

notify the child support enforcement agency of any lump-sum        10,444       

payment of any kind of five hundred dollars or more that is to be  10,445       

paid to the obligor;                                               10,446       

      (ii)  Hold the lump-sum payment for thirty days after the    10,448       

date on which it would otherwise be paid to the obligor, if the    10,449       

lump-sum payment is sick pay, a lump-sum payment of retirement     10,450       

benefits or contributions, or profit-sharing payments or           10,451       

distributions;                                                     10,452       

      (iii)  Upon order of the court, pay any specified amount of  10,454       

the lump-sum payment to the DIVISION OF child support enforcement  10,455       

agency.                                                            10,456       

      (d)  If an employer knowingly fails to notify the child      10,458       

support enforcement agency in accordance with division (D) of      10,459       

this section of any lump-sum payment to be made to an obligor,     10,460       

the employer is liable for any support payment not made to the     10,461       

obligee as a result of its knowing failure to give the notice as   10,462       

required by that division.                                         10,463       

      (I)(1)  Any support order, or modification of a support      10,465       

order, that is subject to this section shall contain the date of   10,466       

birth and social security number of the obligor.                   10,467       

      (2)  No withholding or deduction notice described in         10,469       

division (D) or court order described in division (D)(6)(3) or     10,470       

(7)(4) of this section shall contain any information other than    10,472       

the information specifically required by division (A), (B), (C),   10,473       

or (D) of this section or by any other section of the Revised      10,474       

Code and any additional information that the issuing court         10,475       

determines may be necessary to comply with the notice.             10,476       

      (J)  No withholding or deduction notice described in         10,478       

division (D) or court order described in division (D)(6)(3) or     10,479       

(7)(4) of this section and issued under division (A), (B), or (C)  10,481       

                                                          250    

                                                                 
of this section or any other section of the Revised Code shall be  10,482       

terminated solely because the obligor pays any part or all of the  10,484       

arrearages under the support order.                                             

      (K)(1)  Except as provided in division (K)(2) of this        10,486       

section and section 2301.42 of the Revised Code and the rules      10,487       

adopted pursuant to division (C) of that section, if child         10,488       

support arrearages are owed by an obligor to the obligee and to    10,489       

the department of human services, any payments received on the     10,490       

arrearages by the DIVISION OF child support enforcement agency     10,491       

first shall be paid to the obligee until the arrearages owed to    10,492       

the obligee are paid in full.                                      10,493       

      (2)  Division (K)(1) of this section does not apply to the   10,495       

collection of past-due child support from refunds of paid federal  10,496       

taxes pursuant to section 5101.32 of the Revised Code or of        10,497       

overdue child support from refunds of paid state income taxes      10,498       

pursuant to sections 5101.321 and 5747.121 of the Revised Code.    10,499       

      (L)(1)  Each court with jurisdiction to issue support        10,501       

orders OR ORDERS ESTABLISHING THE EXISTENCE OR NONEXISTENCE OF A   10,502       

PARENT AND CHILD RELATIONSHIP shall establish rules of court to    10,503       

ensure that the following percentage of all actions to establish   10,504       

THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP,  10,505       

TO ESTABLISH a support requirement, or to modify a previously      10,506       

issued support order be completed within the following time        10,507       

limits:                                                                         

      (a)  Ninety SEVENTY-FIVE per cent of all of the actions      10,509       

shall be completed within three SIX months after they were         10,510       

initially filed;                                                   10,511       

      (b)  Ninety-eight NINETY per cent of all of the actions      10,513       

shall be completed within six TWELVE months after they were        10,514       

initially filed;                                                   10,515       

      (c)  One hundred per cent of all of the actions shall be     10,517       

completed within twelve months after they were initially filed.    10,518       

      (2)  If a case involves complex legal issues requiring full  10,520       

judicial review, the court shall issue a temporary support order   10,521       

                                                          251    

                                                                 
within the time limits set forth in division (L)(1) of this        10,522       

section, which temporary order shall be in effect until a final    10,523       

support order is issued in the case.  All cases in which the       10,524       

imposition of a notice or order under division (D) of this         10,525       

section is contested shall be completed within the period of time  10,526       

specified by law for completion of the case.  The failure of a     10,527       

court to complete a case within the required period does not       10,528       

affect the ability of any court to issue any order under this      10,529       

section or any other section of the Revised Code for the payment   10,530       

of support, does not provide any defense to any order for the      10,531       

payment of support that is issued under this section or any other  10,532       

section of the Revised Code, and does not affect any obligation    10,533       

to pay support.                                                    10,534       

      (3)(a)  In any Title IV-D case, the judge, when necessary    10,536       

to satisfy the federal requirement of expedited process for        10,537       

obtaining and enforcing support orders, shall appoint referees     10,538       

MAGISTRATES to make findings of fact and recommendations for the   10,540       

judge's approval in the case.  All referees MAGISTRATES appointed  10,541       

pursuant to this division shall be attorneys admitted to the       10,543       

practice of law in this state.  If the court appoints a referee    10,544       

MAGISTRATE pursuant to this division, the court may appoint any    10,546       

additional administrative and support personnel for the referee    10,547       

MAGISTRATE.                                                                     

      (b)  Any referee MAGISTRATE appointed pursuant to division   10,549       

(L)(3)(a) of this section may perform any of the following         10,551       

functions:                                                                      

      (i)  The taking of testimony and keeping of a record in the  10,553       

case;                                                              10,554       

      (ii)  The evaluation of evidence and the issuance of         10,556       

recommendations to establish, modify, and enforce support orders;  10,557       

      (iii)  The acceptance of voluntary acknowledgments of        10,559       

support liability and stipulated agreements setting the amount of  10,560       

support to be paid;                                                10,561       

      (iv)  The entering of default orders if the obligor does     10,563       

                                                          252    

                                                                 
not respond to notices in the case within a reasonable time after  10,564       

the notices are issued;                                            10,565       

      (v)  Any other functions considered necessary by the court.  10,567       

      (4)  The child support enforcement agency may conduct        10,569       

administrative reviews of support orders to obtain voluntary       10,570       

notices or court orders under division (D) of this section and to  10,571       

correct any errors in the amount of any arrearages owed by an      10,572       

obligor.  The obligor and the obligee shall be notified of the     10,573       

time, date, and location of the administrative review at least     10,574       

fourteen days before it is held.                                   10,575       

      (M)(1)  The termination of a support obligation or a         10,577       

support order does not abate the power of any court to collect     10,578       

overdue and unpaid support or to punish any person for a failure   10,579       

to comply with an order of the court or to pay any support as      10,580       

ordered in the terminated support order and does not abate the     10,581       

authority of a child support enforcement agency to issue, in       10,582       

accordance with this section, any notice described in division     10,583       

(D) of this section or of a court to issue, in accordance with     10,584       

this section, any court order as described in division (D)(6)(3)   10,586       

or (7)(4) of this section, to collect any support due or           10,587       

arrearage under the support order.                                 10,589       

      (2)  Any court that has the authority to issue a support     10,591       

order shall have all powers necessary to enforce that support      10,592       

order, and all other powers, set forth in this section.            10,593       

      (3)  Except as provided in division (M)(4) of this section,  10,595       

a court may not retroactively modify an obligor's duty to pay a    10,596       

delinquent support payment.                                        10,597       

      (4)  A court with jurisdiction over a support order may      10,599       

modify an obligor's duty to pay a support payment that becomes     10,600       

due after notice of a petition to modify the support order has     10,601       

been given to each obligee and to the obligor before a final       10,602       

order concerning the petition for modification is entered.         10,603       

      (N)  If an obligor is in default under a support order and   10,605       

has a claim against another person of more than one thousand       10,606       

                                                          253    

                                                                 
dollars, the obligor shall notify the child support enforcement    10,607       

agency of the claim, the nature of the claim, and the name of the  10,608       

person against whom the claim exists.  If an obligor is in         10,609       

default under a support order and has a claim against another      10,610       

person or is a party in an action for any judgment, the child      10,611       

support enforcement agency or the agency's attorney, on behalf of  10,612       

the obligor, immediately shall file with the court in which the    10,613       

action is pending a motion to intervene in the action or a         10,614       

creditor's bill.  The motion to intervene shall be prepared and    10,615       

filed pursuant to Civil Rules 5 and 24(A) and (C).                 10,616       

      Nothing in this division shall preclude an obligee from      10,618       

filing a motion to intervene in any action or a creditor's bill.   10,619       

      (O)  If an obligor is receiving unemployment compensation    10,621       

benefits, an amount may be deducted from those benefits for        10,622       

purposes of child support, in accordance with section 2301.371     10,623       

and division (D)(4) of section 4141.28 of the Revised Code.  Any   10,624       

deduction from a source in accordance with those provisions is in  10,625       

addition to, and does not preclude, any withholding or deduction   10,626       

for purposes of support under divisions (A) to (N) of this         10,627       

section.                                                           10,628       

      (P)  As used in this section, and in sections 3113.211 to    10,630       

3113.217 of the Revised Code:                                      10,631       

      (1)  "Financial institution" means a bank, savings and loan  10,633       

association, or credit union, or a regulated investment company    10,634       

or mutual fund in which a person who is required to pay child      10,635       

support has funds on deposit that are not exempt under the law of  10,636       

this state or the United States from execution, attachment, or     10,637       

other legal process.                                               10,638       

      (2)  "Title IV-D case" means any case in which the child     10,640       

support enforcement agency is enforcing the child support order    10,641       

pursuant to Title IV-D of the "Social Security Act," 88 Stat.      10,642       

2351 (1975), 42 U.S.C. 651, as amended.                            10,643       

      (3)  "Child support enforcement agency" means the child      10,645       

support enforcement agency designated pursuant to section 2301.35  10,646       

                                                          254    

                                                                 
of the Revised Code.                                               10,647       

      (4)  "Obligor" means the person who is required to pay       10,649       

support under a support order.                                     10,650       

      (5)  "Obligee" means the person who is entitled to receive   10,652       

the support payments under a support order.                        10,653       

      (6)  "Support order" means an order for the payment of       10,655       

support and, for orders issued or modified on or after December    10,656       

31, 1993, includes any notices described in division (D) or (H)    10,657       

of this section that are issued in accordance with this section.   10,658       

      (7)  "Support" means child support, spousal support, and     10,660       

support for a spouse or former spouse.                             10,661       

      (8)  "Personal earnings" means compensation paid or payable  10,663       

for personal services, however denominated, and includes, but is   10,664       

not limited to, wages, salary, commissions, bonuses, draws         10,665       

against commissions, profit sharing, and vacation pay.             10,666       

      (9)  "Default" has the same meaning as in section 2301.34    10,668       

of the Revised Code.                                               10,669       

      (10)  "PAYOR" MEANS ANY PERSON OR ENTITY THAT PAYS OR        10,672       

DISTRIBUTES INCOME TO AN OBLIGOR, INCLUDING THE OBLIGOR, IF THE    10,673       

OBLIGOR IS SELF EMPLOYED; AN EMPLOYER; AN EMPLOYER THAT IS PAYING  10,674       

THE OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC           10,675       

EMPLOYEES RETIREMENT BOARD; THE BOARD OF TRUSTEES, OR OTHER        10,676       

GOVERNING ENTITY OF A MUNICIPAL RETIREMENT SYSTEM; THE BOARD OF    10,677       

TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND;  10,678       

THE STATE TEACHERS RETIREMENT BOARD; THE SCHOOL EMPLOYEES          10,679       

RETIREMENT BOARD; THE STATE HIGHWAY PATROL RETIREMENT BOARD; THE   10,680       

BUREAU OF WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY,    10,682       

EXCEPT THE BUREAU OF EMPLOYMENT SERVICES WITH RESPECT TO           10,683       

UNEMPLOYMENT COMPENSATION BENEFITS PAID PURSUANT TO CHAPTER 4141.  10,684       

OF THE REVISED CODE.                                                            

      (Q)  AS USED IN THIS SECTION, "INCOME" MEANS ANY FORM OF     10,687       

MONETARY PAYMENT, INCLUDING PERSONAL EARNINGS; WORKERS'            10,688       

COMPENSATION PAYMENTS; UNEMPLOYMENT COMPENSATION BENEFITS TO THE   10,690       

EXTENT PERMITTED BY, AND IN ACCORDANCE WITH, SECTION 2301.371 OF   10,691       

                                                          255    

                                                                 
THE REVISED CODE, DIVISION (D)(4) OF SECTION 4141.28 OF THE        10,693       

REVISED CODE, AND FEDERAL LAW GOVERNING THE BUREAU OF EMPLOYMENT   10,694       

SERVICES; PENSIONS; ANNUITIES; ALLOWANCES; PRIVATE OR              10,696       

GOVERNMENTAL RETIREMENT BENEFITS; DISABILITY OR SICK PAY;          10,697       

INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, STATE, OR       10,698       

LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE BENEFITS CAN BE   10,699       

WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE BENEFITS; ANY     10,700       

FORM OF TRUST FUND OR ENDOWMENT; LUMP-SUM PAYMENTS; AND ANY OTHER  10,701       

PAYMENT IN MONEY.                                                  10,702       

      Sec. 3113.211.  (A)(1)  For purposes of this section, a      10,711       

withholding or deduction order that was issued prior to December   10,712       

31, 1993, under division (D)(1), (2), (3), (4), or (5) of section  10,713       

3113.21 of the Revised Code as the division existed prior to that  10,714       

date and that has not been terminated on or after December 31,     10,715       

1993, shall be considered to be a withholding or deduction notice  10,716       

issued under division (D)(1), OR (2), (3), (4), or (5) of section  10,718       

3113.21 of the Revised Code.                                       10,719       

      (2)  An employer A PAYOR ordered to withhold a specified     10,721       

amount from the personal earnings INCOME of an employee under a    10,722       

withholding notice issued under division (A), (B), (C), or (D)(1)  10,724       

of section 3113.21 of the Revised Code for purposes of support     10,725       

also may deduct from the personal earnings INCOME of the person,   10,726       

in addition to the amount withheld for purposes of support, a fee  10,728       

of two dollars or an amount not to exceed one per cent of the      10,729       

amount withheld for purposes of support, whichever is greater, as  10,730       

a charge for its services in complying with the withholding        10,731       

requirement included in the withholding notice.  An employer that  10,732       

is paying a person's workers' compensation benefits and that is    10,733       

required to withhold a specified amount from a person's workers'   10,734       

compensation benefits under a withholding notice issued under      10,735       

division (D)(2) of section 3113.21 of the Revised Code for         10,736       

purposes of support also may deduct from the workers'              10,737       

compensation benefits, in addition to the amount withheld for      10,738       

purposes of support, a fee of two dollars or an amount not to      10,739       

                                                          256    

                                                                 
exceed one per cent of the amount withheld for purposes of         10,740       

support, whichever is greater, as a charge for its services in     10,741       

complying with the withholding requirement included in the         10,742       

withholding notice.  A financial institution required to deduct    10,743       

funds from an account under a deduction notice issued under        10,744       

division (D)(5)(2) of section 3113.21 of the Revised Code for      10,746       

purposes of support may deduct from the account of the person, in  10,747       

addition to the amount deducted for purposes of support, a fee of  10,748       

five dollars or an amount not to exceed the lowest rate that it    10,749       

charges, if any, for a debit transaction in a similar account,     10,750       

whichever is less, as a charge for its service in complying with   10,751       

the deduction requirement included in the deduction notice.  The   10,752       

public employees retirement board, the board, board of trustees,   10,753       

or other governing entity of any municipal retirement system, the  10,754       

board of trustees of the police and firemen's disability and       10,755       

pension fund, the state teachers retirement board, the school      10,756       

employees retirement board, the state highway patrol retirement    10,757       

board, and a person paying or otherwise distributing an obligor's  10,758       

income required to withhold or deduct a specified amount from an   10,759       

obligor's pension, annuity, allowance, other benefit, or other     10,760       

source of income under a withholding or deduction notice issued    10,761       

under division (D)(3) or (4) of section 3113.21 of the Revised     10,762       

Code for purposes of support also may deduct from the obligor's    10,763       

pension, annuity, allowance, other benefit, or other source of     10,764       

income, a fee of two dollars or an amount not to exceed one per    10,765       

cent of the amount withheld or deducted, whichever is less, as a   10,766       

charge for its services in complying with the withholding or       10,767       

deduction requirement included in the withholding or deduction     10,768       

notice.                                                            10,769       

      The entire amount withheld or deducted pursuant to a         10,771       

withholding or deduction notice issued under division (D) of       10,772       

section 3113.21 of the Revised Code for purposes of support shall  10,773       

be forwarded to the DIVISION OF child support enforcement agency   10,774       

of the county in which that court is located IN THE DEPARTMENT OF  10,776       

                                                          257    

                                                                 
HUMAN SERVICES immediately, but not later than ten SEVEN working   10,778       

days after, the withholding or deduction, as directed in the       10,780       

withholding or deduction notice.                                                

      (B)  If an employer, a PAYOR OR financial institution, an    10,782       

employer that is paying an obligor's workers' compensation         10,784       

benefits, the public employees retirement board, the board, board  10,785       

of trustees, or other governing entity of any municipal            10,786       

retirement system, the board of trustees of the police and         10,787       

firemen's disability and pension fund, the state teachers          10,788       

retirement board, the school employees retirement board, the       10,789       

state highway patrol retirement board, the person paying or        10,790       

otherwise distributing an obligor's income, or the bureau of       10,791       

workers' compensation is required to withhold or deduct a          10,792       

specified amount from the personal earnings, payments, pensions,   10,793       

annuities, allowances, benefits, other sources of income, or       10,794       

savings of more than one obligor under a withholding or deduction  10,795       

notice issued under division (D) of section 3113.21 of the         10,796       

Revised Code and is required to forward the amounts withheld or    10,797       

deducted to the same DIVISION OF child support enforcement         10,799       

agency, the employer, the public employees retirement board, the   10,800       

board, board of trustees, or other governing entity of any         10,801       

municipal retirement system, the board of trustees of the police   10,802       

and firemen's disability and pension fund, the state teachers      10,803       

retirement board, the school employees retirement board, the       10,804       

state highway patrol retirement board, the person paying or                     

otherwise distributing an obligor's income, PAYOR OR the           10,805       

financial institution, the employer that is paying an obligor's    10,806       

workers' compensation benefits, or the bureau of workers'          10,807       

compensation may combine all of the amounts to be forwarded in     10,808       

one payment, provided the payment is accompanied by a list that    10,809       

clearly identifies each obligor who is covered by the payment and  10,810       

the portion of the payment that is attributable to that obligor.   10,811       

      (C)  Upon receipt of any amount forwarded from an employer,  10,813       

a PAYOR OR financial institution, an employer that is paying a     10,814       

                                                          258    

                                                                 
person's workers' compensation benefits, the public employees      10,816       

retirement board, the board, board of trustees, or other           10,817       

governing entity of any municipal retirement system, the board of  10,818       

trustees of the police and firemen's disability and pension fund,  10,819       

the state teachers retirement board, the school employees          10,820       

retirement board, the state highway patrol retirement board, the   10,821       

person paying or otherwise distributing an obligor's income, or    10,822       

the bureau of workers' compensation under this section, a clerk    10,823       

of court or THE DIVISION OF child support enforcement agency       10,824       

shall distribute the amount to the obligee within two business     10,826       

days of its receipt of the amount forwarded.  The department of    10,827       

human services may adopt, revise, or amend rules under Chapter     10,828       

119. of the Revised Code to assist the clerk of court or child     10,829       

support enforcement agency in the implementation of this           10,830       

division.                                                                       

      (D)  A PAYOR OR FINANCIAL INSTITUTION SHALL NOT BE SUBJECT   10,832       

TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN ACCORDANCE WITH  10,833       

THIS SECTION, WITH A WITHHOLDING OR DEDUCTION NOTICE ISSUED        10,834       

PURSUANT TO DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE.   10,835       

      Sec. 3113.212.  (A)  When a court has issued a support       10,844       

order, when the court or a child support enforcement agency has    10,845       

issued one or more notices containing one or more of the           10,846       

requirements described in division (D) of section 3113.21 of the   10,847       

Revised Code or when a court has issued one or more court orders   10,848       

described in division (D)(6)(3) or (7)(4) of that section, and     10,850       

when either the child support enforcement agency receives a        10,851       

notification as described in division (D), (G), or (H) of section  10,852       

3113.21 of the Revised Code that pertains to a change in the       10,853       

employment status, status of the workers' compensation payments,   10,854       

status of the pension, annuity, allowance, benefit, or other       10,855       

source of income, or status of accounts in a financial             10,856       

institution of the obligor or the child support enforcement        10,857       

agency otherwise determines that the employment status, status of  10,858       

the workers' compensation payments, status of the pension,         10,859       

                                                          259    

                                                                 
annuity, allowance, benefit, or other source of income, or status  10,860       

of accounts in a financial institution of the obligor has          10,861       

changed, the child support enforcement agency immediately shall    10,862       

conduct an investigation to determine the obligor's present        10,863       

employment status, his employer's address, whether he has any      10,864       

other source of income or assets, and the obligor's address and    10,865       

social security number and shall issue one or more notices         10,866       

described in division (D) of section 3113.21 of the Revised Code   10,867       

that it determines are appropriate.  If the agency determines      10,868       

that no notice of the type described in division (D)(1) to (5) OR  10,870       

(2) of that section would be appropriate, the agency may request   10,871       

the court to issue a court order under division (D)(6)(3) or       10,873       

(7)(4) of that section, and, upon the request, the court may       10,874       

issue an order as described in that division.  The notices and     10,875       

court orders are final and are enforceable by the court.  The      10,876       

notices shall be mailed within fifteen days after the obligor      10,877       

under the support order is located or within fifteen days after    10,878       

the default under the support order, whichever is applicable.      10,879       

      If the court or child support enforcement agency previously  10,881       

has issued one or more notices containing one or more of the       10,882       

requirements described in division (D) of section 3113.21 of the   10,883       

Revised Code or the court previously has issued one or more court  10,884       

orders described in division (D)(6)(3) or (7)(4) of that section   10,886       

and the child support enforcement agency determines that any of    10,887       

the requirements or court orders no longer are appropriate due to  10,888       

the change, the agency immediately shall cancel any previously     10,889       

issued notice, and the court shall cancel any previously issued    10,890       

court order that no longer is appropriate, the agency shall send   10,891       

written notice of the cancellation by regular mail to the person   10,892       

who was required to comply with the withholding, deduction, or     10,893       

other requirement contained in the canceled notice or court        10,894       

order, and the agency shall issue one or more new notices          10,895       

containing one or more requirements described in division (D) of   10,896       

section 3113.21 of the Revised Code that it determines are         10,897       

                                                          260    

                                                                 
appropriate.  If the agency determines that no notice of the type  10,898       

described in division (D)(1) to (5) OR (2) of that section would   10,900       

be appropriate, the agency may request the court to issue a court  10,901       

order under division (D)(6)(3) or (7)(4) of that section, and,     10,903       

upon the request, the court may issue an order as described in     10,904       

that division.  The notices and court orders are final and are     10,905       

enforceable by the court.  The notices shall be mailed within      10,906       

fifteen days after the obligor under the support order is located  10,907       

or within fifteen days after the default under the support order,  10,908       

whichever is applicable.                                           10,909       

      (B)  When a court or child support enforcement agency has    10,911       

issued one or more notices containing one or more of the           10,912       

requirements described in division (D)(2), (3), (4), or (5) of     10,913       

section 3113.21 of the Revised Code REQUIRING WITHHOLDING BY A     10,914       

PAYOR THAT IS NOT AN EMPLOYER OR REQUIRING DEDUCTION BY A          10,915       

FINANCIAL INSTITUTION or a court has issued one or more court      10,917       

orders described in division (D)(6)(3) or (7)(4) of that section   10,919       

and the agency is informed that the obligor has commenced                       

employment, the agency shall issue a notice requiring the          10,920       

withholding of an amount from the person's personal earnings for   10,921       

support, in accordance with division (D)(1) of section 3113.21 of  10,922       

the Revised Code.  The notice is final and is enforceable by the   10,923       

court.  Additionally, if the court or agency determines that       10,924       

payments due under the support order have not been made and that   10,925       

the amount that has not been paid is at least equal to the         10,926       

support owed for one month under the support order, the court      10,927       

shall proceed to collect on any cash bond AND SHALL ORDER IT PAID  10,928       

TO THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN        10,929       

SERVICES.                                                                       

      (C)  If a child support enforcement agency sends a notice    10,931       

imposing a withholding or deduction requirement or a court sends   10,932       

a court order imposing any other appropriate requirement to a      10,933       

person under division (A) or (B) of this section, the notice or    10,934       

court order, for purposes of sections 3113.21 to 3113.219 of the   10,935       

                                                          261    

                                                                 
Revised Code, also shall be considered to have been issued under   10,936       

division (D) of section 3113.21 of the Revised Code.  The notice   10,937       

or court order is final and is enforceable by the court.           10,938       

      (D)  If a child support enforcement agency sends a notice    10,940       

imposing a withholding or deduction requirement or any other       10,941       

appropriate requirement to a person under division (A) or (B) of   10,942       

this section or under section 3113.21 of the Revised Code and if   10,943       

the employer, the PAYOR OR financial institution, the employer     10,945       

that is paying the obligor's workers' compensation benefits, the   10,946       

public employees retirement board, the board, board of trustees,   10,947       

or other governing entity of the municipal retirement system, the  10,948       

board of trustees of the police and firemen's disability and       10,949       

pension fund, the state teachers retirement board, the school      10,950       

employees retirement board, the state highway patrol retirement    10,951       

board, the person paying or otherwise distributing an obligor's    10,952       

income, or the bureau of workers' compensation that is sent the    10,953       

withholding, deduction, or other appropriate notice fails to       10,954       

comply with the notice, the child support enforcement agency       10,955       

shall request the court to issue a court order requiring the       10,956       

employer, the PAYOR OR financial institution, the employer that    10,958       

is paying the obligor's workers' compensation benefits, the        10,959       

public employees retirement board, the board, board of trustees,   10,960       

or other governing entity of the municipal retirement system, the  10,961       

board of trustees of the police and firemen's disability and       10,962       

pension fund, the state teachers retirement board, the school      10,963       

employees retirement board, the state highway patrol retirement    10,964       

board, the person paying or otherwise distributing an obligor's    10,965       

income, or the bureau of workers' compensation to comply with the  10,966       

withholding, deduction, or other appropriate notice sent by the    10,967       

agency immediately or be held in contempt of court.  If the court  10,968       

issues the requested order and if the employer, the PAYOR OR       10,969       

financial institution, the employer that is paying the obligor's   10,971       

workers' compensation benefits, the public employees retirement    10,972       

board, the board, board of trustees, or other governing entity of  10,973       

                                                          262    

                                                                 
the municipal retirement system, the board of trustees of the      10,974       

police and firemen's disability and pension fund, the state        10,975       

teachers retirement board, the school employees retirement board,  10,976       

the state highway patrol retirement board, the person paying or    10,977       

otherwise distributing an obligor's income, or the bureau of       10,978       

workers' compensation does not comply with the withholding,        10,979       

deduction, or other appropriate order of the agency that is the    10,980       

subject of the court order immediately, it is in contempt of       10,981       

court.                                                             10,982       

      Sec. 3113.213.  (A)(1)  For purposes of this section, a      10,991       

withholding or deduction order that was issued prior to December   10,992       

31, 1993, under division (D)(1), (2), (4), or (5) of section       10,993       

3113.21 of the Revised Code as the division existed prior to that  10,994       

date and that has not been terminated on or after December 31,     10,995       

1993, shall be considered to be a withholding or deduction notice  10,996       

issued under division (D)(1), OR (2), (4), or (5) of section       10,998       

3113.21 of the Revised Code.                                       10,999       

      (2)  The failure of any person to send any notification      11,001       

required by division (D) or (H) of section 3113.21 of the Revised  11,002       

Code shall be considered as contempt of court.                     11,003       

      (B)  An employer A PAYOR that fails to withhold an amount    11,005       

from an obligor's personal earnings INCOME for support in          11,007       

accordance with a withholding requirement included in a            11,009       

withholding notice issued under division (D)(1) of section         11,010       

3113.21 of the Revised Code, an employer that is paying an         11,011       

obligor's workers' compensation benefits and that fails to         11,012       

withhold the obligor's workers' compensation benefits for support  11,013       

in accordance with a withholding requirement included in a         11,014       

withholding notice issued under division (D)(2) of section         11,015       

3113.21 of the Revised Code, OR a financial institution that       11,016       

fails to deduct funds from an obligor's account for support in     11,017       

accordance with a deduction requirement included in a deduction    11,018       

notice issued under division (D)(5)(2) of section 3113.21 of the   11,019       

Revised Code, or any other person that fails to withhold or        11,021       

                                                          263    

                                                                 
deduct an amount from the income of an obligor in accordance with  11,022       

a withholding or deduction requirement included in a withholding   11,023       

or deduction notice issued under division (D)(4) of section        11,024       

3113.21 of the Revised Code is liable for the amount that was not  11,025       

withheld or deducted, provided that no PAYOR THAT IS AN employer   11,026       

whose normal pay and disbursement cycles make it impossible to     11,028       

comply with a withholding requirement contained in a withholding   11,029       

notice issued under division (D)(1) of section 3113.21 of the      11,030       

Revised Code shall be liable for the amount not withheld if the    11,031       

employer, as soon as possible after the employer's receipt of the  11,032       

withholding notice, provides the court or child support            11,033       

enforcement agency that issued the notice with written notice of   11,034       

the impossibility and the reasons for the impossibility.  An       11,035       

employer who is liable under this provision for an amount that     11,036       

was not withheld shall be ordered by the court to pay that amount  11,037       

to the clerk of the court or the DIVISION OF child support         11,038       

enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES, to be      11,039       

disbursed in accordance with the support order for the benefit of  11,041       

the child or spouse.                                                            

      (C)  The court may fine an employer A PAYOR not more than    11,043       

two hundred dollars for failure to withhold personal earnings      11,044       

INCOME or to notify the court or child support enforcement agency  11,046       

that an obligor has terminated employment, has been laid off, has  11,047       

taken a leave of absence without pay, has entered into another A   11,048       

situation in which HAS OCCURRED CAUSING the employer has ceased    11,049       

PAYOR to pay personal earnings CEASE PAYING INCOME in an amount    11,051       

sufficient to comply with the order to the obligor, or, IN CASES   11,052       

IN WHICH THE OBLIGOR IS AN EMPLOYER, THE OBLIGOR is receiving or   11,053       

is eligible to receive a benefit of employment other than          11,054       

personal earnings, as required by a withholding notice issued      11,055       

under division (D)(1) of section 3113.21 of the Revised Code.      11,056       

The court may fine an employer that is paying an obligor's                      

workers' compensation benefits not more than two hundred dollars   11,057       

for failure to withhold an obligor's workers' compensation         11,058       

                                                          264    

                                                                 
benefits or to notify the court or child support enforcement       11,059       

agency of any termination in the payment of the obligor's          11,060       

workers' compensation benefits, as required by a withholding       11,061       

notice issued under division (D)(2) of section 3113.21 of the      11,062       

Revised Code.  The court may fine a person who is paying or        11,063       

otherwise distributing the income of an obligor not more than two  11,064       

hundred dollars for failure to withhold or deduct an amount from   11,065       

the income of the obligor or to notify the court or child support  11,066       

enforcement agency of the termination of that income, as required  11,067       

by a withholding or deduction notice issued under division (D)(4)  11,068       

of section 3113.21 of the Revised Code.  The court may fine a      11,069       

financial institution not more than two hundred dollars for        11,070       

failure to deduct funds from an account or to notify the court or  11,071       

child support enforcement agency of the termination of an account  11,072       

from which funds are being deducted or the opening of a new        11,073       

account, as required by a deduction notice issued under division   11,074       

(D)(5)(2) of section 3113.21 of the Revised Code.                  11,075       

      (D)  No PAYOR THAT IS AN employer may use a requirement to   11,077       

withhold personal earnings contained in a withholding notice       11,079       

issued under division (D)(1) of section 3113.21 of the Revised     11,080       

Code, as a basis for a discharge of, or for any disciplinary       11,081       

action against, an employee, or as a basis for a refusal to        11,082       

employ a person.  The court may fine an employer who so            11,083       

discharges or takes disciplinary action against an employee, or    11,084       

refuses to employ a person, not more than five hundred dollars.    11,085       

      Sec. 3113.215.  (A)  As used in this section:                11,095       

      (1)  "Income" means either of the following:                 11,097       

      (a)  For a parent who is employed to full capacity, the      11,099       

gross income of the parent;                                        11,100       

      (b)  For a parent who is unemployed or underemployed, the    11,102       

sum of the gross income of the parent, and any potential income    11,103       

of the parent.                                                     11,104       

      (2)  "Gross income" means, except as excluded in this        11,106       

division, the total of all earned and unearned income from all     11,107       

                                                          265    

                                                                 
sources during a calendar year, whether or not the income is       11,108       

taxable, and includes, but is not limited to, income from          11,109       

salaries, wages, overtime pay and bonuses to the extent described  11,110       

in division (B)(5)(d) of this section, commissions, royalties,     11,111       

tips, rents, dividends, severance pay, pensions, interest, trust   11,112       

income, annuities, social security benefits, workers'              11,113       

compensation benefits, unemployment insurance benefits,            11,114       

disability insurance benefits, benefits received by and in the     11,115       

possession of the veteran who is the beneficiary for any           11,116       

service-connected disability under a program or law administered   11,117       

by the United States department of veterans' affairs or veterans'  11,118       

administration, spousal support actually received from a person    11,119       

not a party to the support proceeding for which actual gross       11,120       

income is being determined, and all other sources of income;       11,121       

income of members of any branch of the United States armed         11,122       

services or national guard, including, but not limited to,                      

amounts representing base pay, basic allowance for quarters,       11,123       

basic allowance for subsistence, supplemental subsistence          11,124       

allowance, cost of living adjustment, specialty pay, variable      11,125       

housing allowance, and pay for training or other types of          11,126       

required drills; self-generated income; and potential cash flow    11,127       

from any source.                                                   11,128       

      "Gross income" does not include any benefits received from   11,130       

means-tested public assistance programs, including, but not        11,131       

limited to, aid to families with dependent children, supplemental  11,132       

security income, food stamps, or disability assistance, does not   11,134       

include any benefits for any service-connected disability under a  11,135       

program or law administered by the United States department of     11,136       

veterans' affairs or veterans' administration that have not been   11,137       

distributed to the veteran who is the beneficiary of the benefits  11,138       

and that are in the possession of the United States department of  11,139       

veterans' affairs or veterans' administration, does not include    11,140       

any child support received for children who were not born or       11,141       

adopted during the marriage at issue, does not include amounts     11,142       

                                                          266    

                                                                 
paid for mandatory deductions from wages other than taxes, social  11,143       

security, or retirement in lieu of social security, including,     11,144       

but not limited to, union dues, and does not include nonrecurring  11,145       

or unsustainable income or cash flow items.                        11,146       

      (3)  "Self-generated income" means gross receipts received   11,148       

by a parent from self-employment, proprietorship of a business,    11,149       

joint ownership of a partnership or closely held corporation, and  11,150       

rents minus ordinary and necessary expenses incurred by the        11,151       

parent in generating the gross receipts.  "Self-generated income"  11,152       

includes expense reimbursements or in-kind payments received by a  11,153       

parent from self-employment, the operation of a business, or       11,154       

rents, including, but not limited to, company cars, free housing,  11,155       

reimbursed meals, and other benefits, if the reimbursements are    11,156       

significant and reduce personal living expenses.                   11,157       

      (4)(a)  "Ordinary and necessary expenses incurred in         11,159       

generating gross receipts" means actual cash items expended by     11,160       

the parent or the parent's business and includes depreciation      11,162       

expenses of replacement business equipment as shown on the books   11,163       

of a business entity.                                              11,164       

      (b)  Except as specifically included in "ordinary and        11,166       

necessary expenses incurred in generating gross receipts" by       11,167       

division (A)(4)(a) of this section, "ordinary and necessary        11,168       

expenses incurred in generating gross receipts" does not include   11,169       

depreciation expenses and other noncash items that are allowed as  11,170       

deductions on any federal tax return of the parent or the          11,171       

parent's business.                                                 11,172       

      (5)  "Potential income" means both of the following for a    11,174       

parent that the court, or a child support enforcement agency       11,175       

pursuant to sections 3111.20, 3111.21 3111.211, and 3111.22 of     11,176       

the Revised Code, determines is voluntarily unemployed or          11,178       

voluntarily underemployed:                                         11,179       

      (a)  Imputed income that the court or agency determines the  11,181       

parent would have earned if fully employed as determined from the  11,182       

parent's employment potential and probable earnings based on the   11,183       

                                                          267    

                                                                 
parent's recent work history, the parent's occupational            11,184       

qualifications, and the prevailing job opportunities and salary    11,185       

levels in the community in which the parent resides;               11,186       

      (b)  Imputed income from any nonincome-producing assets of   11,188       

a parent, as determined from the local passbook savings rate or    11,189       

another appropriate rate as determined by the court or agency,     11,190       

not to exceed the rate of interest specified in division (A) of    11,191       

section 1343.03 of the Revised Code, if the income is              11,192       

significant.                                                       11,193       

      (6)  "Child support order" means an order for the payment    11,195       

of child support.                                                  11,196       

      (7)  "Combined gross income" means the combined gross        11,198       

income of both parents.                                            11,199       

      (8)  "Split parental rights and responsibilities" means a    11,201       

situation in which there is more than one child who is the         11,202       

subject of an allocation of parental rights and responsibilities   11,203       

and each parent is the residential parent and legal custodian of   11,204       

at least one of those children.                                    11,205       

      (9)  "Schedule" means the basic child support schedule set   11,207       

forth in division (D) of this section.                             11,208       

      (10)  "Worksheet" means the applicable worksheet that is     11,210       

used to calculate a parent's child support obligation and that is  11,211       

set forth in divisions (E) and (F) of this section.                11,212       

      (11)  "Nonrecurring or unsustainable income or cash flow     11,214       

item" means any income or cash flow item that the parent receives  11,215       

in any year or for any number of years not to exceed three years   11,216       

and that the parent does not expect to continue to receive on a    11,217       

regular basis.  "Nonrecurring or unsustainable income or cash      11,218       

flow item" does not include a lottery prize award that is not      11,219       

paid in a lump sum or any other item of income or cash flow that   11,220       

the parent receives or expects to receive for each year for a      11,221       

period of more than three years or that the parent receives and    11,222       

invests or otherwise utilizes to produce income or cash flow for   11,223       

a period of more than three years.                                 11,224       

                                                          268    

                                                                 
      (12)  "Extraordinary medical expenses" means any uninsured   11,226       

medical expenses that are incurred for a child during a calendar   11,227       

year and that exceed one hundred dollars for that child during     11,228       

that calendar year.                                                11,229       

      (B)(1)  In any action in which a child support order is      11,231       

issued or modified under Chapter 3115. or section 2151.23,         11,232       

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   11,234       

3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31  11,235       

of the Revised Code, in any other proceeding in which the court    11,236       

determines the amount of child support that will be ordered to be  11,237       

paid pursuant to a child support order, or when a child support    11,238       

enforcement agency determines the amount of child support that     11,239       

will be paid pursuant to an administrative child support order     11,240       

issued pursuant to sections 3111.20, 3111.21 3111.211, and         11,241       

3111.22 of the Revised Code, the court or agency shall calculate   11,243       

the amount of the obligor's child support obligation in            11,244       

accordance with the basic child support schedule in division (D)   11,245       

of this section, the applicable worksheet in division (E) or (F)   11,246       

of this section, and the other provisions of this section, shall   11,247       

specify the support obligation as a monthly amount due, and shall  11,248       

order the support obligation to be paid in periodic increments as  11,249       

it determines to be in the best interest of the children.  In      11,250       

performing its duties under this section, the court or agency is   11,251       

not required to accept any calculations in a worksheet prepared    11,252       

by any party to the action or proceeding.  In any action or        11,253       

proceeding in which the court determines the amount of child       11,254       

support that will be ordered to be paid pursuant to a child        11,255       

support order or when a child support enforcement agency           11,256       

determines the amount of child support that will be paid pursuant  11,257       

to an administrative child support order issued pursuant to        11,258       

sections 3111.20, 3111.21 3111.211, and 3111.22 of the Revised     11,259       

Code, the amount of child support that would be payable under a    11,260       

child support order, as calculated pursuant to the basic child     11,261       

support schedule in division (D) of this section and pursuant to   11,262       

                                                          269    

                                                                 
the applicable worksheet in division (E) of this section, through  11,263       

line 24, or in division (F) of this section, through line 23, is   11,264       

rebuttably presumed to be the correct amount of child support      11,265       

due, and the court or agency shall order that amount to be paid    11,266       

as child support unless both of the following apply with respect   11,267       

to an order issued by a court:                                     11,268       

      (a)  The court, after considering the factors and criteria   11,270       

set forth in division (B)(3) of this section, determines that the  11,271       

amount calculated pursuant to the basic child support schedule     11,272       

and pursuant to the applicable worksheet in division (E) of this   11,273       

section, through line 24, or in division (F) of this section,      11,274       

through line 23, would be unjust or inappropriate and would not    11,275       

be in the best interest of the child.                              11,276       

      (b)  The court enters in the journal the amount of child     11,278       

support calculated pursuant to the basic child support schedule    11,279       

and pursuant to the applicable worksheet in division (E) of this   11,280       

section, through line 24, or in division (F) of this section,      11,281       

through line 23, its determination that that amount would be       11,282       

unjust or inappropriate and would not be in the best interest of   11,283       

the child, and findings of fact supporting that determination.     11,284       

      (2)  In determining the amount of child support to be paid   11,286       

under any child support order, the court, upon its own             11,287       

recommendation or upon the recommendation of the child support     11,288       

enforcement agency, shall or the child support enforcement         11,289       

agency, pursuant to sections 3111.20, 3111.21 3111.211, and        11,290       

3111.22 of the Revised Code, shall do all of the following:        11,293       

      (a)  If the combined gross income of both parents is less    11,295       

than six thousand six hundred dollars per year, the court or       11,296       

agency shall determine the amount of the obligor's child support   11,297       

obligation on a case-by-case basis using the schedule as a         11,298       

guideline.  The court or agency shall review the obligor's gross   11,299       

income and living expenses to determine the maximum amount of      11,300       

child support that it reasonably can order without denying the     11,301       

obligor the means for self-support at a minimum subsistence level  11,302       

                                                          270    

                                                                 
and shall order a specific amount of child support, unless the     11,303       

obligor proves to the court or agency that the obligor is totally  11,304       

unable to pay child support and the court or agency determines     11,305       

that it would be unjust or inappropriate to order the payment of   11,306       

child support and enters its determination and supporting          11,307       

findings of fact in the journal.                                   11,308       

      (b)  If the combined gross income of both parents is         11,310       

greater than one hundred fifty thousand dollars per year, the      11,311       

court or agency shall determine the amount of the obligor's child  11,312       

support obligation on a case-by-case basis and shall consider the  11,313       

needs and the standard of living of the children who are the       11,314       

subject of the child support order and of the parents.  When the   11,315       

court or agency determines the amount of the obligor's child       11,316       

support obligation for parents with a combined gross income        11,317       

greater than one hundred fifty thousand dollars, the court or      11,318       

agency shall compute a basic combined child support obligation     11,319       

that is no less than the same percentage of the parents' combined  11,320       

annual income that would have been computed under the basic child  11,321       

support schedule and under the applicable worksheet in division    11,322       

(E) of this section, through line 24, or in division (F) of this   11,323       

section, through line 23, for a combined gross income of one       11,324       

hundred fifty thousand dollars, unless the court or agency         11,325       

determines that it would be unjust or inappropriate and would not  11,326       

be in the best interest of the child, obligor, or obligee to       11,327       

order that amount and enters in the journal the figure,            11,328       

determination, and findings.                                       11,329       

      (c)  The court shall not order an amount of child support    11,331       

that deviates from the amount of child support that would          11,332       

otherwise result from the use of the basic child support schedule  11,333       

and the applicable worksheet in division (E) of this section,      11,334       

through line 24, or in division (F) of this section, through line  11,335       

23, unless both of the following apply:                            11,336       

      (i)  The court, after considering the factors and criteria   11,338       

set forth in division (B)(3) of this section, determines that the  11,339       

                                                          271    

                                                                 
amount calculated pursuant to the basic child support schedule     11,340       

and pursuant to the applicable worksheet in division (E) of this   11,341       

section, through line 24, or in division (F) of this section,      11,342       

through line 23, would be unjust or inappropriate and would not    11,343       

be in the best interest of the child;                              11,344       

      (ii)  The court enters in the journal the amount of child    11,346       

support calculated pursuant to the basic child support schedule    11,347       

and pursuant to the applicable worksheet in division (E) of this   11,348       

section, through line 24, or in division (F) of this section,      11,349       

through line 23, its determination that that amount would be       11,350       

unjust or inappropriate and would not be in the best interest of   11,351       

the child, and findings of fact supporting that determination.     11,352       

      (3)  The court, in accordance with divisions (B)(1) and      11,354       

(2)(c) of this section, may deviate from the amount of support     11,355       

that otherwise would result from the use of the schedule and the   11,356       

applicable worksheet in division (E) of this section, through      11,357       

line 24, or in division (F) of this section, through line 23, in   11,358       

cases in which the application of the schedule and the applicable  11,359       

worksheet in division (E) of this section, through line 24, or in  11,360       

division (F) of this section, through line 23, would be unjust or  11,361       

inappropriate and would not be in the best interest of the child.  11,362       

In determining whether that amount would be unjust or              11,363       

inappropriate and would not be in the best interest of the child,  11,364       

the court may consider any of the following factors and criteria:  11,365       

      (a)  Special and unusual needs of the children;              11,367       

      (b)  Extraordinary obligations for minor children or         11,369       

obligations for handicapped children who are not stepchildren and  11,370       

who are not offspring from the marriage or relationship that is    11,371       

the basis of the immediate child support determination;            11,372       

      (c)  Other court-ordered payments;                           11,374       

      (d)  Extended times of visitation or extraordinary costs     11,376       

associated with visitation, provided that this division does not   11,377       

authorize and shall not be construed as authorizing any deviation  11,378       

from the schedule and the applicable worksheet in division (E) of  11,379       

                                                          272    

                                                                 
this section, through line 24, or in division (F) of this          11,380       

section, through line 23, or any escrowing, impoundment, or        11,381       

withholding of child support because of a denial of or             11,382       

interference with a right of companionship or visitation granted   11,383       

by court order;                                                    11,384       

      (e)  The obligor obtains additional employment after a       11,386       

child support order is issued in order to support a second         11,387       

family;                                                            11,388       

      (f)  The financial resources and the earning ability of the  11,390       

child;                                                             11,391       

      (g)  Disparity in income between parties or households;      11,393       

      (h)  Benefits that either parent receives from remarriage    11,395       

or sharing living expenses with another person;                    11,396       

      (i)  The amount of federal, state, and local taxes actually  11,398       

paid or estimated to be paid by a parent or both of the parents;   11,399       

      (j)  Significant in-kind contributions from a parent,        11,401       

including, but not limited to, direct payment for lessons, sports  11,402       

equipment, schooling, or clothing;                                 11,403       

      (k)  The relative financial resources, other assets and      11,405       

resources, and needs of each parent;                               11,406       

      (l)  The standard of living and circumstances of each        11,408       

parent and the standard of living the child would have enjoyed     11,409       

had the marriage continued or had the parents been married;        11,410       

      (m)  The physical and emotional condition and needs of the   11,412       

child;                                                             11,413       

      (n)  The need and capacity of the child for an education     11,415       

and the educational opportunities that would have been available   11,416       

to the child had the circumstances requiring a court order for     11,417       

support not arisen;                                                11,418       

      (o)  The responsibility of each parent for the support of    11,420       

others;                                                            11,421       

      (p)  Any other relevant factor.                              11,423       

      The court may accept an agreement of the parents that        11,425       

assigns a monetary value to any of the factors and criteria        11,426       

                                                          273    

                                                                 
listed in division (B)(3) of this section that are applicable to   11,427       

their situation.                                                   11,428       

      (4)  If an obligor or obligee under a child support order    11,430       

requests the court to modify the amount of support required to be  11,431       

paid pursuant to the child support order, the court shall          11,432       

recalculate the amount of support that would be required to be     11,433       

paid under the support order in accordance with the schedule and   11,434       

pursuant to the applicable worksheet in division (E) of this       11,435       

section, through line 24, or in division (F) of this section,      11,436       

through line 23, and if that amount as recalculated is more than   11,437       

ten per cent greater than or more than ten per cent less than the  11,438       

amount of child support that is required to be paid pursuant to    11,439       

the existing child support order, the deviation from the           11,440       

recalculated amount that would be required to be paid under the    11,441       

schedule and the applicable worksheet in division (E) of this      11,442       

section, through line 24, or in division (F) of this section,      11,443       

through line 23, shall be considered by the court as a change of   11,444       

circumstance that is substantial enough to require a modification  11,445       

of the amount of the child support order.  In determining          11,446       

pursuant to this division the recalculated amount of support that  11,447       

would be required to be paid under the support order for purposes  11,448       

of determining whether that recalculated amount is more than ten   11,449       

per cent greater than or more than ten per cent less than the      11,450       

amount of child support that is required to be paid pursuant to    11,451       

the existing child support order, the court shall consider, in     11,452       

addition to all other factors required by law to be considered,    11,453       

the cost of health insurance which the obligor, the obligee, or    11,454       

both the obligor and the obligee have been ordered to obtain for   11,455       

the children specified in the order.  Additionally, if an obligor  11,456       

or obligee under a child support order requests the court to       11,457       

modify the amount of support required to be paid pursuant to the   11,458       

child support order and if the court determines that the amount    11,459       

of support does not adequately meet the medical needs of the       11,460       

child, the inadequate coverage shall be considered by the court    11,461       

                                                          274    

                                                                 
as a change of circumstance that is substantial enough to require  11,462       

a modification of the amount of the child support order.   If the  11,463       

court determines that the amount of child support required to be   11,464       

paid under the child support order should be changed due to a      11,465       

substantial change of circumstances that was not contemplated at   11,466       

the time of the issuance of the original child support order or    11,467       

the last modification of the child support order, the court shall  11,468       

modify the amount of child support required to be paid under the   11,469       

child support order to comply with the schedule and the            11,470       

applicable worksheet in division (E) of this section, through      11,471       

line 24, or in division (F) of this section, through line 23,      11,472       

unless the court determines that the amount calculated pursuant    11,473       

to the basic child support schedule and pursuant to the            11,474       

applicable worksheet in division (E) of this section, through      11,475       

line 24, or in division (F) of this section, through line 23,      11,476       

would be unjust or inappropriate and would not be in the best      11,477       

interest of the child and enters in the journal the figure,        11,478       

determination, and findings specified in division (B)(2)(c) of     11,479       

this section.                                                      11,480       

      (5)  When a court computes the amount of child support       11,482       

required to be paid under a child support order or a child         11,483       

support enforcement agency computes the amount of child support    11,484       

to be paid pursuant to an administrative child support order       11,485       

issued pursuant to section 3111.20, 3111.21 3111.211, or 3111.22   11,487       

of the Revised Code, all of the following apply:                   11,489       

      (a)  The parents shall verify current and past income and    11,491       

personal earnings with suitable documents, including, but not      11,492       

limited to, paystubs, employer statements, receipts and expense    11,493       

vouchers related to self-generated income, tax returns, and all    11,494       

supporting documentation and schedules for the tax returns.        11,495       

      (b)  The amount of any pre-existing child support            11,497       

obligation of a parent under a child support order and the amount  11,498       

of any court-ordered spousal support paid to a former spouse       11,499       

shall be deducted from the gross income of that parent to the      11,500       

                                                          275    

                                                                 
extent that payment under the child support order or that payment  11,501       

of the court-ordered spousal support is verified by supporting     11,502       

documentation.                                                     11,503       

      (c)  If other minor children who were born to the parent     11,506       

and a person other than the other parent who is involved in the    11,508       

immediate child support determination live with the parent, the    11,509       

court or agency shall deduct an amount from that parent's gross    11,510       

income that equals the number of such minor children times the     11,511       

federal income tax exemption for such children less child support  11,512       

received for them for the year, not exceeding the federal income   11,513       

tax exemption.                                                     11,514       

      (d)  When the court or agency calculates the gross income    11,516       

of a parent, it shall include the lesser of the following as       11,517       

income from overtime and bonuses:                                  11,518       

      (i)  The yearly average of all overtime and bonuses          11,520       

received during the three years immediately prior to the time      11,521       

when the person's child support obligation is being computed;      11,522       

      (ii)  The total overtime and bonuses received during the     11,524       

year immediately prior to the time when the person's child         11,525       

support obligation is being computed.                              11,526       

      (e)  When the court or agency calculates the gross income    11,528       

of a parent, it shall not include any income earned by the spouse  11,529       

of that parent.                                                    11,530       

      (f)  The court shall not order an amount of child support    11,533       

for reasonable and ordinary uninsured medical or dental expenses   11,534       

in addition to the amount of the child support obligation          11,535       

determined in accordance with the schedule.  The court shall       11,536       

issue a separate order for extraordinary medical or dental         11,537       

expenses, including, but not limited to, orthodontia,                           

psychological, appropriate private education, and other expenses,  11,538       

and may consider the expenses in adjusting a child support order.  11,539       

      (g)  When a court or agency calculates the amount of child   11,541       

support to be paid pursuant to a child support order or an         11,542       

administrative child support order, if the combined gross income   11,543       

                                                          276    

                                                                 
of both parents is an amount that is between two amounts set       11,544       

forth in the first column of the schedule, the court or agency     11,545       

may use the basic child support obligation that corresponds to     11,546       

the higher of the two amounts in the first column of the           11,547       

schedule, use the basic child support obligation that corresponds  11,548       

to the lower of the two amounts in the first column of the         11,549       

schedule, or calculate a basic child support obligation that is    11,550       

between those two amounts and corresponds proportionally to the    11,551       

parents' actual combined gross income.                             11,552       

      (h)  When the court or agency calculates gross income, the   11,554       

court or agency, when appropriate, may average income over a       11,555       

reasonable period of years.                                        11,556       

      (6)(a)  If the court issues a shared parenting order in      11,558       

accordance with section 3109.04 of the Revised Code, the court     11,559       

shall order an amount of child support to be paid under the child  11,560       

support order that is calculated in accordance with the schedule   11,561       

and with the worksheet set forth in division (E) of this section,  11,562       

through line 24, except that, if the application of the schedule   11,563       

and the worksheet, through line 24, would be unjust or             11,564       

inappropriate to the children or either parent and would not be    11,565       

in the best interest of the child because of the extraordinary     11,566       

circumstances of the parents or because of any other factors or    11,567       

criteria set forth in division (B)(3) of this section, the court   11,568       

may deviate from the amount of child support that would be         11,569       

ordered in accordance with the schedule and worksheet, through     11,570       

line 24, shall consider those extraordinary circumstances and      11,571       

other factors or criteria if it deviates from that amount, and     11,572       

shall enter in the journal the amount of child support calculated  11,573       

pursuant to the basic child support schedule and pursuant to the   11,574       

applicable worksheet, through line 24, its determination that      11,575       

that amount would be unjust or inappropriate and would not be in   11,576       

the best interest of the child, and findings of fact supporting    11,577       

that determination.                                                11,578       

      (b)  For the purposes of this division, "extraordinary       11,580       

                                                          277    

                                                                 
circumstances of the parents" includes, but is not limited to,     11,581       

all of the following:                                              11,582       

      (i)  The amount of time that the children spend with each    11,584       

parent;                                                            11,585       

      (ii)  The ability of each parent to maintain adequate        11,587       

housing for the children;                                          11,588       

      (iii)  Each parent's expenses, including, but not limited    11,590       

to, child care expenses, school tuition, medical expenses, and     11,591       

dental expenses.                                                   11,592       

      (7)(a)  In any action in which a child support order is      11,594       

issued or modified under Chapter 3115. or section 2151.23,         11,595       

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   11,597       

3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised      11,599       

Code or in any other proceeding in which the court determines the  11,600       

amount of child support that will be ordered to be paid pursuant   11,601       

to a child support order and except as otherwise provided in this  11,602       

division, the court shall issue a minimum support order requiring  11,603       

the obligor to pay a minimum amount of fifty dollars a month for   11,604       

child support under the child support order.  The court, in its    11,605       

discretion and in appropriate circumstances, may issue a minimum   11,606       

support order requiring the obligor to pay an amount of child      11,607       

support that is less than fifty dollars a month or not requiring   11,608       

the obligor to pay an amount for support.  The appropriate         11,609       

circumstances for which a court may issue a minimum support order  11,610       

requiring an obligor to pay an amount of child support that is     11,611       

less than fifty dollars a month or not requiring the obligor to    11,612       

pay an amount for support include, but are not limited to, the     11,613       

nonresidential parent's medically verified or documented physical  11,614       

or mental disability or institutionalization in a facility for     11,615       

persons with a mental illness.  If the court issues a minimum      11,616       

support order pursuant to this division and the obligor under the  11,617       

support order is the recipient of need-based public assistance,    11,618       

any unpaid amounts of support due under the support order shall    11,619       

accrue as arrearages from month to month, the obligor's current    11,620       

                                                          278    

                                                                 
obligation to pay the support due under the support order is       11,621       

suspended during any period of time that the obligor is receiving  11,622       

need-based public assistance and is complying with any seek work   11,623       

orders issued pursuant to division (D)(7)(4) of section 3113.21    11,624       

of the Revised Code, and the court, obligee, and child support     11,626       

enforcement agency shall not enforce the obligation of the         11,627       

obligor to pay the amount of support due under the support order   11,628       

during any period of time that the obligor is receiving            11,629       

need-based public assistance and is complying with any seek work   11,630       

orders issued pursuant to division (D)(7)(4) of section 3113.21    11,631       

of the Revised Code.                                               11,633       

      (b)  Notwithstanding division (B)(7)(a) of this section, if  11,635       

the amount of support payments that federal law requires or        11,636       

permits to be disregarded in determining eligibility for aid       11,637       

under Chapter 5107. of the Revised Code exceeds fifty dollars,     11,638       

instead of fifty dollars the amount of a minimum support order     11,639       

described in division (B)(7)(a) of this section shall be the       11,640       

amount federal law requires or permits to be disregarded.          11,641       

      (C)  Except when the parents have split parental rights and  11,643       

responsibilities, a parent's child support obligation for a child  11,644       

for whom the parent is the residential parent and legal custodian  11,645       

shall be presumed to be spent on that child and shall not become   11,646       

part of a child support order, and a parent's child support        11,647       

obligation for a child for whom the parent is not the residential  11,648       

parent and legal custodian shall become part of a child support    11,649       

order.  If the parents have split parental rights and              11,650       

responsibilities, the child support obligations of the parents     11,651       

shall be offset, and the court shall issue a child support order   11,652       

requiring the parent with the larger child support obligation to   11,653       

pay the net amount pursuant to the child support order.  If        11,654       

neither parent of a child who is the subject of a child support    11,655       

order is the residential parent and legal custodian of the child   11,656       

and the child resides with a third party who is the legal          11,657       

custodian of the child, the court shall issue a child support      11,658       

                                                          279    

                                                                 
order requiring each parent to pay that parent's child support     11,660       

obligation pursuant to the child support order.                    11,661       

      Whenever a court issues a child support order, it shall      11,663       

include in the order specific provisions for regular, holiday,     11,664       

vacation, and special visitation in accordance with section        11,665       

3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance  11,666       

with any other applicable section of the Revised Code.  The court  11,667       

shall not authorize or permit the escrowing, impoundment, or       11,668       

withholding of any child support payment because of a denial of    11,669       

or interference with a right of visitation included as a specific  11,670       

provision of the child support order or as a method of enforcing   11,671       

the specific provisions of the child support order dealing with    11,672       

visitation.                                                        11,673       

      (D)(1)  Except as provided in divisions (D)(2) and (3) of    11,675       

this section, the THE following basic child support schedule       11,676       

shall be used by all courts and child support enforcement          11,678       

agencies when calculating the amount of child support that will    11,679       

be paid pursuant to a child support order or an administrative     11,680       

child support order, unless the combined gross income of the       11,681       

parents is less than sixty-six hundred dollars or more than one    11,682       

hundred fifty thousand dollars:                                    11,683       

                  Basic Child Support Schedule                     11,684       

 Combined                                                          11,686       

    Gross                          Number of Children              11,688       

   INCOME      One       Two    Three     Four     Five      Six   11,691       

     6600      600       600      600      600      600      600   11,692       

     7200      600       600      600      600      600      600   11,693       

     7800      600       600      600      600      600      600   11,694       

     8400      600       600      600      600      600      600   11,695       

     9000      849       859      868      878      887      896   11,696       

     9600     1259      1273     1287     1301     1315     1329   11,697       

    10200     1669      1687     1706     1724     1743     1761   11,698       

    10800     2076      2099     2122     2145     2168     2192   11,699       

    11400     2331      2505     2533     2560     2588     2616   11,700       

                                                          280    

                                                                 
    12000     2439      2911     2943     2975     3007     3039   11,701       

    12600     2546      3318     3354     3390     3427     3463   11,702       

    13200     2654      3724     3765     3806     3846     3887   11,703       

    13800     2761      4029     4175     4221     4266     4311   11,704       

    14400     2869      4186     4586     4636     4685     4735   11,705       

    15000     2976      4342     4996     5051     5105     5159   11,706       

    15600     3079      4491     5321     5466     5524     5583   11,707       

    16200     3179      4635     5490     5877     5940     6003   11,708       

    16800     3278      4780     5660     6254     6355     6423   11,709       

    17400     3378      4924     5830     6442     6771     6843   11,710       

    18000     3478      5069     5999     6629     7186     7262   11,711       

    18600     3578      5213     6169     6816     7389     7682   11,712       

    19200     3678      5358     6339     7004     7592     8102   11,713       

    19800     3778      5502     6508     7191     7796     8341   11,714       

    20400     3878      5647     6678     7378     7999     8558   11,715       

    21000     3977      5790     6847     7565     8201     8774   11,716       

    21600     4076      5933     7015     7750     8402     8989   11,717       

    22200     4176      6075     7182     7936     8602     9204   11,718       

    22800     4275      6216     7345     8116     8798     9413   11,719       

    23400     4373      6357     7509     8297     8994     9623   11,720       

    24000     4471      6498     7672     8478     9190     9832   11,721       

    24600     4570      6639     7836     8658     9386    10042   11,722       

    25200     4668      6780     8000     8839     9582    10251   11,723       

    25800     4767      6920     8163     9020     9778    10461   11,724       

    26400     4865      7061     8327     9200     9974    10670   11,725       

    27000     4963      7202     8490     9381    10170    10880   11,726       

    27600     5054      7332     8642     9548    10351    11074   11,727       

    28200     5135      7448     8776     9697    10512    11246   11,728       

    28800     5216      7564     8911     9845    10673    11418   11,729       

    29400     5297      7678     9045     9995    10833    11592   11,730       

    30000     5377      7792     9179    10143    10994    11764   11,731       

    30600     5456      7907     9313    10291    11154    11936   11,732       

    31200     5535      8022     9447    10439    11315    12107   11,733       

    31800     5615      8136     9581    10587    11476    12279   11,734       

                                                          281    

                                                                 
    32400     5694      8251     9715    10736    11636    12451   11,735       

    33000     5774      8366     9849    10884    11797    12623   11,736       

    33600     5853      8480     9983    11032    11957    12794   11,737       

    34200     5933      8595    10117    11180    12118    12966   11,738       

    34800     6012      8709    10251    11328    12279    13138   11,739       

    35400     6091      8824    10385    11476    12439    13310   11,740       

    36000     6171      8939    10519    11624    12600    13482   11,741       

    36600     6250      9053    10653    11772    12761    13653   11,742       

    37200     6330      9168    10787    11920    12921    13825   11,743       

    37800     6406      9275    10913    12058    13071    13988   11,744       

    38400     6447      9335    10984    12137    13156    14079   11,745       

    39000     6489      9395    11055    12215    13242    14170   11,746       

    39600     6530      9455    11126    12294    13328    14261   11,747       

    40200     6571      9515    11197    12373    13413    14353   11,748       

    40800     6613      9575    11268    12451    13499    14444   11,749       

    41400     6653      9634    11338    12529    13583    14534   11,750       

    42000     6694      9693    11409    12607    13667    14624   11,751       

    42600     6735      9752    11479    12684    13752    14714   11,752       

    43200     6776      9811    11549    12762    13836    14804   11,753       

    43800     6817      9871    11619    12840    13921    14894   11,754       

    44400     6857      9930    11690    12917    14005    14985   11,755       

    45000     6898      9989    11760    12995    14090    15075   11,756       

    45600     6939     10049    11830    13073    14174    15165   11,757       

    46200     6978     10103    11897    13146    14251    15250   11,758       

    46800     7013     10150    11949    13203    14313    15316   11,759       

    47400     7048     10197    12000    13260    14375    15382   11,760       

    48000     7083     10245    12052    13317    14437    15448   11,761       

    48600     7117     10292    12103    13374    14498    15514   11,762       

    49200     7152     10339    12155    13432    14560    15580   11,763       

    49800     7187     10386    12206    13489    14622    15646   11,764       

    50400     7222     10433    12258    13546    14684    15712   11,765       

    51000     7257     10481    12309    13603    14745    15778   11,766       

    51600     7291     10528    12360    13660    14807    15844   11,767       

    52200     7326     10575    12412    13717    14869    15910   11,768       

                                                          282    

                                                                 
    52800     7361     10622    12463    13774    14931    15976   11,769       

    53400     7396     10669    12515    13832    14992    16042   11,770       

    54000     7431     10717    12566    13889    15054    16108   11,771       

    54600     7468     10765    12622    13946    15120    16178   11,772       

    55200     7524     10845    12716    14050    15232    16298   11,773       

    55800     7582     10929    12814    14159    15350    16425   11,774       

    56400     7643     11016    12918    14273    15474    16558   11,775       

    57000     7704     11104    13021    14388    15598    16691   11,776       

    57600     7765     11192    13125    14502    15722    16824   11,777       

    58200     7825     11277    13225    14613    15842    16953   11,778       

    58800     7883     11361    13324    14723    15961    17079   11,779       

    59400     7941     11445    13423    14832    16079    17206   11,780       

    60000     8000     11529    13522    14941    16197    17333   11,781       

    60600     8058     11612    13620    15050    16315    17460   11,782       

    61200     8116     11696    13719    15160    16433    17587   11,783       

    61800     8175     11780    13818    15269    16552    17714   11,784       

    62400     8233     11864    13917    15378    16670    17840   11,785       

    63000     8288     11945    14011    15481    16783    17958   11,786       

    63600     8344     12024    14102    15582    16893    18075   11,787       

    64200     8399     12103    14194    15683    17002    18193   11,788       

    64800     8454     12183    14285    15784    17111    18310   11,789       

    65400     8510     12262    14376    15885    17220    18427   11,790       

    66000     8565     12341    14468    15986    17330    18544   11,791       

    66600     8620     12421    14559    16087    17439    18661   11,792       

    67200     8676     12500    14650    16188    17548    18778   11,793       

    67800     8731     12579    14741    16289    17657    18895   11,794       

    68400     8786     12659    14833    16390    17767    19012   11,795       

    69000     8842     12738    14924    16491    17876    19129   11,796       

    69600     8897     12817    15015    16592    17985    19246   11,797       

    70200     8953     12897    15107    16693    18094    19363   11,798       

    70800     9008     12974    15196    16791    18201    19476   11,799       

    71400     9060     13047    15281    16885    18302    19585   11,800       

    72000     9111     13120    15366    16979    18404    19694   11,801       

    72600     9163     13194    15451    17073    18506    19803   11,802       

                                                          283    

                                                                 
    73200     9214     13267    15536    17167    18608    19912   11,803       

    73800     9266     13340    15621    17261    18709    20021   11,804       

    74400     9318     13413    15706    17355    18811    20130   11,805       

    75000     9369     13487    15791    17449    18913    20239   11,806       

    75600     9421     13560    15876    17543    19015    20347   11,807       

    76200     9473     13633    15961    17636    19116    20456   11,808       

    76800     9524     13707    16046    17730    19218    20565   11,809       

    77400     9576     13780    16131    17824    19320    20674   11,810       

    78000     9627     13853    16216    17918    19422    20783   11,811       

    78600     9679     13927    16300    18012    19523    20892   11,812       

    79200     9731     14000    16385    18106    19625    21001   11,813       

    79800     9782     14073    16470    18200    19727    21109   11,814       

    80400     9834     14147    16555    18294    19829    21218   11,815       

    81000     9885     14220    16640    18387    19930    21326   11,816       

    81600     9936     14292    16723    18480    20030    21434   11,817       

    82200     9987     14364    16807    18573    20131    21541   11,818       

    82800    10038     14439    16891    18665    20235    21651   11,819       

    83400    10090     14514    16979    18762    20340    21763   11,820       

    84000    10142     14589    17066    18859    20444    21875   11,821       

    84600    10194     14663    17154    18956    20549    21987   11,822       

    85200    10246     14738    17241    19052    20653    22099   11,823       

    85800    10298     14813    17329    19149    20758    22211   11,824       

    86400    10350     14887    17417    19246    20863    22323   11,825       

    87000    10403     14962    17504    19343    20967    22435   11,826       

    87600    10455     15037    17592    19440    21072    22547   11,827       

    88200    10507     15111    17679    19537    21176    22659   11,828       

    88800    10559     15186    17767    19633    21281    22771   11,829       

    89400    10611     15261    17855    19730    21386    22883   11,830       

    90000    10663     15335    17942    19827    21490    22995   11,831       

    90600    10715     15410    18030    19924    21595    23107   11,832       

    91200    10767     15485    18118    20021    21700    23219   11,833       

    91800    10819     15559    18205    20118    21804    23331   11,834       

    92400    10872     15634    18293    20215    21909    23443   11,835       

    93000    10924     15709    18380    20311    22013    23555   11,836       

                                                          284    

                                                                 
    93600    10976     15783    18468    20408    22118    23667   11,837       

    94200    11028     15858    18556    20505    22223    23779   11,838       

    94800    11080     15933    18643    20602    22327    23891   11,839       

    95400    11132     16007    18731    20699    22432    24003   11,840       

    96000    11184     16082    18818    20796    22536    24115   11,841       

    96600    11236     16157    18906    20892    22641    24227   11,842       

    97200    11289     16231    18994    20989    22746    24339   11,843       

    97800    11341     16306    19081    21086    22850    24451   11,844       

    98400    11393     16381    19169    21183    22955    24563   11,845       

    99000    11446     16450    19255    21279    23062    24676   11,846       

    99600    11491     16516    19334    21366    23156    24777   11,847       

   100200    11536     16583    19413    21453    23250    24878   11,848       

   100800    11581     16649    19491    21539    23345    24978   11,849       

   101400    11625     16714    19569    21625    23437    25077   11,850       

   102000    11670     16779    19646    21710    23530    25177   11,851       

   102600    11714     16844    19724    21796    23623    25276   11,852       

   103200    11759     16909    19801    21881    23715    25375   11,853       

   103800    11803     16974    19879    21967    23808    25475   11,854       

   104400    11847     17039    19956    22052    23901    25574   11,855       

   105000    11892     17104    20034    22138    23994    25673   11,856       

   105600    11934     17167    20108    22220    24083    25769   11,857       

   106200    11979     17232    20186    22305    24176    25868   11,858       

   106800    12023     17297    20263    22391    24269    25968   11,859       

   107400    12068     17362    20341    22476    24361    26067   11,860       

   108000    12110     17425    20415    22559    24451    26162   11,861       

   108600    12155     17490    20493    22644    24543    26262   11,862       

   109200    12199     17555    20570    22730    24636    26361   11,863       

   109800    12243     17620    20648    22815    24729    26460   11,864       

   110400    12286     17683    20722    22897    24818    26556   11,865       

   111000    12331     17748    20800    22983    24911    26655   11,866       

   111600    12375     17813    20877    23068    25004    26755   11,867       

   112200    12419     17878    20955    23154    25096    26854   11,868       

   112800    12462     17941    21029    23236    25186    26949   11,869       

   113400    12506     18006    21107    23322    25278    27049   11,870       

                                                          285    

                                                                 
   114000    12551     18071    21184    23407    25371    27148   11,871       

   114600    12595     18136    21262    23493    25464    27247   11,872       

   115200    12640     18202    21339    23578    25557    27347   11,873       

   115800    12682     18264    21414    23660    25646    27442   11,874       

   116400    12727     18329    21491    23746    25739    27542   11,875       

   117000    12771     18394    21569    23831    25832    27641   11,876       

   117600    12815     18460    21646    23917    25924    27740   11,877       

   118200    12858     18522    21721    23999    26013    27836   11,878       

   118800    12902     18587    21798    24084    26106    27935   11,879       

   119400    12947     18652    21876    24170    26199    28034   11,880       

   120000    12991     18718    21953    24256    26292    28134   11,881       

   120600    13034     18780    22028    24338    26381    28229   11,882       

   121200    13078     18845    22105    24423    26474    28329   11,883       

   121800    13123     18910    22183    24509    26567    28428   11,884       

   122400    13167     18976    22260    24594    26659    28527   11,885       

   123000    13210     19038    22335    24676    26749    28623   11,886       

   123600    13254     19103    22412    24762    26841    28722   11,887       

   124200    13299     19168    22490    24847    26934    28821   11,888       

   124800    13343     19234    22567    24933    27027    28921   11,889       

   125400    13386     19296    22642    25015    27116    29016   11,890       

   126000    13430     19361    22719    25101    27209    29115   11,891       

   126600    13474     19426    22797    25186    27302    29215   11,892       

   127200    13519     19492    22874    25272    27395    29314   11,893       

   127800    13561     19554    22949    25354    27484    29410   11,894       

   128400    13606     19619    23026    25439    27576    29509   11,895       

   129000    13650     19684    23104    25525    27669    29608   11,896       

   129600    13695     19750    23181    25610    27762    29708   11,897       

   130200    13739     19815    23259    25696    27855    29807   11,898       

   130800    13783     19879    23335    25780    27946    29905   11,899       

   131400    13828     19945    23414    25868    28041    30007   11,900       

   132000    13874     20012    23494    25955    28136    30108   11,901       

   132600    13919     20079    23573    26043    28231    30210   11,902       

   133200    13963     20143    23649    26127    28323    30308   11,903       

   133800    14008     20210    23729    26215    28418    30410   11,904       

                                                          286    

                                                                 
   134400    14054     20276    23808    26302    28513    30511   11,905       

   135000    14099     20343    23887    26390    28608    30613   11,906       

   135600    14143     20407    23964    26474    28699    30711   11,907       

   136200    14188     20474    24043    26561    28794    30813   11,908       

   136800    14234     20541    24123    26649    28889    30914   11,909       

   137400    14279     20607    24202    26737    28984    31016   11,910       

   138000    14323     20671    24278    26821    29075    31114   11,911       

   138600    14368     20738    24358    26908    29170    31215   11,912       

   139200    14414     20805    24437    26996    29265    31317   11,913       

   139800    14459     20872    24516    27083    29361    31419   11,914       

   140400    14503     20936    24593    27168    29452    31517   11,915       

   141000    14549     21002    24672    27255    29547    31618   11,916       

   141600    14594     21069    24751    27343    29642    31720   11,917       

   142200    14639     21136    24831    27430    29737    31822   11,918       

   142800    14683     21200    24907    27515    29828    31920   11,919       

   143400    14729     21267    24986    27602    29923    32021   11,920       

   144000    14774     21333    25066    27690    30018    32123   11,921       

   144600    14820     21400    25145    27777    30113    32225   11,922       

   145200    14865     21467    25225    27865    30208    32327   11,923       

   145800    14909     21531    25301    27949    30300    32424   11,924       

   146400    14963     21596    25377    28041    30396    32526   11,925       

   147000    15006     21659    25452    28124    30486    32622   11,926       

   147600    15049     21722    25527    28207    30576    32718   11,927       

   148200    15090     21782    25599    28286    30662    32810   11,928       

   148800    15133     21845    25674    28369    30752    32907   11,929       

   149400    15176     21908    25749    28452    30842    33003   11,930       

   150000    15218     21971    25823    28534    30931    33099   11,931       

      (2)  Until July 1, 1994, or a later date specified pursuant  11,934       

to division (D)(3) of this section, the following basic child      11,935       

support schedule shall be used by all courts and child support     11,936       

enforcement agencies to calculate the amount of child support      11,937       

that will be paid pursuant to a child support order or an          11,938       

administrative child support order when combined gross income is   11,939       

at least six thousand dollars but not more than twenty-one         11,940       

                                                          287    

                                                                 
thousand six hundred dollars:                                      11,941       

                  Basic Child Support Schedule                     11,942       

    Gross                          Number of Children              11,944       

   Income      One       Two    Three     Four     Five      Six   11,947       

     6000      240       372      468      528      576      612   11,948       

     7200     1068      1308     1428     1608     1656     1692   11,949       

     8400     1884      2244     2388     2688     2736     2784   11,950       

     9600     2052      3180     3348     3768     3816     3876   11,951       

    10800     2208      3432     4308     4848     4896     4968   11,952       

    12000     2439      3684     4620     5208     5676     6060   11,953       

    13200     2654      3924     4920     5556     6048     6456   11,954       

    14400     2869      4186     5208     5880     6408     6840   11,955       

    15600     3079      4491     5508     6204     6756     7224   11,956       

    16800     3278      4780     5796     6528     7116     7608   11,957       

    18000     3478      5069     6072     6840     7464     7980   11,958       

    19200     3678      5358     6339     7140     7788     8352   11,959       

    20400     3878      5647     6678     7440     8112     8688   11,960       

    21600     4078      5935     7018     7755     8448     9036   11,961       

      (3)  The office of budget and management and the department  11,964       

of human services shall conduct a study of the impact on the       11,965       

general revenue fund of implementing the basic child support       11,966       

schedule in division (D)(1) of this section for combined gross     11,967       

incomes of at least six thousand dollars but not more than         11,968       

twenty-one thousand six hundred dollars.  If, prior to July 1,     11,969       

1994, the department and the office conclude from the study that   11,970       

implementing the basic child support schedule in division (D)(1)   11,971       

of this section for those incomes will have a negative impact on   11,972       

the general revenue fund, the department shall inform the          11,973       

controlling board of the impact and recommend to the board         11,974       

continued use of the schedule in division (D)(2) until a date      11,975       

which the department shall specify.  On receipt of the             11,976       

department's recommendation, the board shall specify a date for    11,977       

discontinuance of the schedule in division (D)(2), which may be    11,978       

the date recommended by the department or any other date           11,979       

                                                          288    

                                                                 
considered appropriate by the board.  On the date specified by     11,980       

the board, the schedule in division (D)(2) shall cease to be used  11,981       

and child support shall be calculated pursuant to the schedule in  11,982       

division (D)(1) of this section.                                   11,983       

      (E)  When a court or child support enforcement agency        11,985       

calculates the amount of child support that will be required to    11,986       

be paid pursuant to a child support order or an administrative     11,987       

child support order in a proceeding in which one parent is the     11,988       

residential parent and legal custodian of all of the children who  11,989       

are the subject of the child support order or the court issues a   11,990       

shared parenting order, the court or child support enforcement     11,991       

agency shall use a worksheet that is identical in content and      11,992       

form to the following worksheet:                                   11,993       

                           "Worksheet                              11,994       

      ............... County Domestic Relations Court (or)         11,995       

     ............... County Child Support Enforcement Agency       11,996       

                    Child Support Computation                      11,997       

                   Sole Residential Parent or                      11,998       

                     Shared Parenting Order                        11,999       

Name of parties .................................................  12,001       

Case No. ..........                                                12,003       

Number of minor children ......  The following parent was          12,005       

designated as the residential parent and legal custodian           12,006       

(disregard if shared parenting order):                             12,007       

............. mother; ............ father.                         12,009       

Father has ..... pay periods annually; mother has ..... pay        12,011       

periods annually.                                                  12,012       

                                Column I   Column II  Column III   12,014       

                                Father     Mother     Combined                  

1a. Annual gross income from                                       12,017       

     employment or, when                                                        

     determined appropriate by                                     12,018       

     the court or agency,                                                       

     average annual gross income                                                

                                                          289    

                                                                 
     from employment over a                                                     

     reasonable period of years                                    12,019       

     (exclude overtime and                                                      

     bonuses)...................  $......     $......              12,021       

b.  Amount of overtime and                                         12,022       

     bonuses                       Father      Mother              12,023       

    Yr. 3                                                          12,024       

    (Three years ago)             $......     $......              12,026       

    Yr. 2                                                          12,027       

    (Two years ago)               $......     $......              12,029       

    Yr. 1                                                          12,030       

    (Last calendar year)          $......     $......              12,032       

    Average:                      $......     $......              12,034       

   (Include in Column I and/or                                     12,035       

     Column II the average of                                                   

     the three years or the year                                   12,036       

     1 amount, whichever is                                                     

     less, if there exists a                                                    

     reasonable expectation that                                   12,037       

     the total earnings from                                                    

     overtime and/or bonuses                                                    

     during the current calendar                                   12,038       

     year will meet or exceed                                                   

     the amount that is the                                                     

     lower of the average of the                                   12,039       

     three years or the year 1                                                  

     amount.  If, however, there                                                

     exists a reasonable                                           12,040       

     expectation that the total                                                 

     earnings from                                                              

     overtime/bonuses during the                                   12,041       

     current calendar year will                                                 

     be less than the lower of                                                  

     the average of the three                                      12,042       

                                                          290    

                                                                 
     years or the year 1 amount,                                                

     include only the amount                                                    

     reasonably expected to be                                     12,043       

     earned this year.).........  $......     $......              12,044       

2.  Annual income from interest                                    12,045       

     and dividends (whether or                                                  

     not taxable)...............  $......     $......              12,047       

3.  Annual income from                                             12,048       

     unemployment compensation..  $......     $......              12,049       

4.  Annual income from workers'                                    12,050       

     compensation or disability                                                 

     insurance benefits.........  $......     $......              12,052       

5.  Other annual income                                            12,053       

     (identify).................  $......     $......              12,054       

6.  Total annual gross income                                      12,055       

     (add lines 1-5)............  $......     $......              12,056       

7.  Annual court-ordered support                                   12,057       

     paid for other children....  $......     $......              12,058       

8.  Adjustment for minor                                           12,059       

     children born to either                                                    

     parent and another parent,                                    12,060       

     which children are living                                                  

     with this parent (number of                                                

     children times federal                                        12,061       

     income tax exemption less                                                  

     child support received for                                                 

     the year, not to exceed the                                   12,062       

     federal tax exemption).....  $......     $......              12,063       

9.  Annual court-ordered spousal                                   12,064       

     support paid to a former                                                   

     spouse.....................  $......     $......              12,066       

10. Amount of local income taxes                                   12,067       

     actually paid or estimated                                                 

     to be paid.................  $......     $......              12,069       

                                                          291    

                                                                 
11. For self-employed                                              12,070       

     individuals, deduct 5.6% of                                                

     adjusted gross income or                                      12,071       

     the actual marginal                                                        

     difference between the                                                     

     actual rate paid by the                                                    

     self-employed individual                                      12,072       

     and the F.I.C.A. rate......  $......     $......              12,073       

12. For self-employed                                              12,074       

     individuals, deduct                                                        

     ordinary and necessary                                                     

     business expenses..........  $......     $......              12,076       

13. Total gross income                                             12,077       

     adjustments (add lines                                                     

     7-12)......................  $......     $......              12,078       

14. Adjusted annual gross income                                   12,079       

     (subtract line 13 from line                                                

     6).........................  $......     $......              12,081       

15. Combined annual income that                                    12,082       

     is basis for child support                                                 

     order (add line 14, Col. I                                    12,083       

     and Col. II).........................                $......                

16. Percentage parent's income                                     12,084       

     to total income                                                            

 a. Father (divide line 14, Col.                                   12,085       

     I by line 15, Col. III)   .........%                          12,086       

 b. Mother (divide line 14, Col.                                   12,087       

     II by line 15, Col. III)  ..........  + .......%     = 100%   12,088       

17. Basic combined child support                                   12,089       

     obligation (Refer to basic                                                 

     child support schedule in                                     12,090       

     division (D) of section                                                    

     3113.215 of the Revised                                                    

     Code; in the first column                                     12,091       

                                                          292    

                                                                 
     of the schedule, locate the                                                

     sum that is nearest to the                                                 

     combined annual income                                        12,092       

     listed in line 15, Col. III                                                

     of this worksheet, then                                                    

     refer to the column of the                                    12,093       

     schedule that corresponds                                                  

     to the number of children                                                  

     in this family.  If the                                       12,094       

     income of the parents is                                                   

     more than one sum, and less                                                

     than another sum, in the                                      12,095       

     first column of the                                                        

     schedule, you may calculate                                                

     the basic combined child                                      12,096       

     support obligation based                                                   

     upon the obligation for                                                    

     those two sums.)...........              $......              12,098       

18. Annual child care expenses                                     12,099       

     for the children who are                                                   

     the subject of this order                                     12,100       

     that are work, employment                                                  

     training, or education                                        12,101       

     related, as approved by the                                                

     court or agency (deduct the                                                

     tax credit from annual                                        12,102       

     cost, whether or not                                                       

     claimed)...................  $......     $......              12,103       

19. Marginal, out-of-pocket                                        12,104       

     costs, necessary to provide                                                

     for health insurance for                                      12,105       

     the children who are the                                                   

     subject of this order......  $......     $......              12,106       

20. Total child care and medical                                   12,107       

                                                          293    

                                                                 
     expenses (add lines 18 and                                                 

     19, Column I and Column II). $......     $......              12,109       

21. Combined annual child                                          12,110       

     support obligation for this                                                

     family (add lines 17 and                                      12,111       

     20, Column I and Column II). .......                $......   12,112       

22. Annual support                                                 12,113       

     obligation/parent                                                          

  a. Father (multiply line 21,                                     12,114       

     Col. III, by line 16a).....  $......                          12,115       

  b. Mother (multiply line 21,                                     12,116       

     Col. III, by line 16b).....              $......              12,117       

23. Adjustment for actual                                          12,118       

     expenses paid for annual                                                   

     child care expenses and                                       12,119       

     marginal, out-of-pocket                                                    

     costs, necessary to provide                                                

     for health insurance (enter                                   12,120       

     number from line 18 or 19                                                  

     if applicable).............  $......     $......              12,121       

24. Actual annual obligation                                       12,122       

     (subtract line 23 from line                                                

     22a or 22b)................  $......     $......              12,124       

25. GROSS HOUSEHOLD INCOME PER                                     12,125       

     PARTY AFTER EXCHANGE OF                                                    

     CHILD SUPPORT (ADD LINES 14                                   12,127       

     AND 24 COLUMN I OR II FOR                                                  

     RESIDENTIAL PARENT OR, IN                                     12,128       

     THE CASE OF SHARED                                            12,129       

     PARENTING ORDER, THE PARENT                                                

     TO WHOM CHILD SUPPORT WILL                                                 

     BE PAID; SUBTRACT LINE 24                                     12,130       

     COLUMN I OR II FROM LINE 14                                                

     FOR PARENT WHO IS NOT THE                                     12,131       

                                                          294    

                                                                 
     RESIDENTIAL PARENT OR, IN                                     12,132       

     THE CASE OF SHARED                                                         

     PARENTING ORDER, THE PARENT                                                

     WHO WILL PAY CHILD SUPPORT). $......     $......              12,134       

26. Comments, rebuttal, or                                         12,135       

     adjustments to correct                                                     

     figures in lines 24, Column                                   12,136       

     I and 24, Column II if they                                                

     would be unjust or                                                         

     inappropriate and would not                                   12,137       

     be in best interest of the                                                 

     child or children (specific                                                

     facts to support                                                           

     adjustments must be                                           12,138       

     included)..................  $......     $......              12,139       

.................................................................  12,141       

.................................................................  12,142       

.................................................................  12,143       

(Addendum sheet may be attached)                                   12,144       

27. Final figure (this amount                                      12,146       

     reflects final annual child                                                

     support obligation)........  $......  father/mother           12,148       

                                           obligor                              

28. For decree:  child support                                     12,151       

     per child per week or per                                                  

     month (divide obligor's                                       12,152       

     annual share, line 27, by                                                  

     12 or 52 and by number of                                                  

     children)..................  $......                          12,154       

29. For deduction order:  child                                    12,155       

     support per pay period                                                     

     (calculate support per pay                                    12,156       

     period from figure on line                                                 

     28) plus appropriate                                                       

                                                          295    

                                                                 
     poundage PROCESSING CHARGE.  $......                          12,158       

Calculations have been reviewed.                                   12,161       

Signatures                         ..............................  12,163       

                                               Father              12,164       

                                        I do/do not consent.       12,165       

      Sworn to before me and suscribed SUBSCRIBED in my presence,  12,167       

this ..... day of .........., 19...                                12,168       

                                   ..............................  12,170       

                                           Notary Public           12,171       

                                   ..............................  12,172       

                                               Mother              12,173       

                                        I do/do not consent.       12,174       

      Sworn to before me and suscribed SUBSCRIBED in my presence,  12,177       

this ..... day of .........., 19...                                12,178       

                                   ..............................  12,179       

                                           Notary Public           12,180       

..............................     ..............................  12,181       

     Attorney for father                Attorney for mother"       12,183       

      (F)  When a court or child support enforcement agency        12,186       

calculates the amount of child support that will be required to    12,187       

be paid pursuant to a child support order in a proceeding in       12,188       

which both parents have split parental rights and                  12,189       

responsibilities with respect to the children who are the subject  12,190       

of the child support order, the court or child support             12,191       

enforcement agency shall use a worksheet that is identical in      12,192       

content and form to the following worksheet:                       12,193       

                           "Worksheet                              12,194       

      ............... County Domestic Relations Court (or)         12,195       

     ............... County Child Support Enforcement Agency       12,196       

                    Child Support Computation                      12,197       

           Split Parental Rights and Responsibilities              12,198       

Name of parties .............................                      12,200       

Case No. ..........                                                12,202       

Number of minor children ......  The following parent was          12,204       

                                                          296    

                                                                 
designated residential parent and legal custodian:                 12,205       

............ mother; ............ father.                          12,207       

Father has ..... pay periods annually; mother has ..... pay        12,209       

periods annually.                                                               

                                Column I   Column II  Column III   12,211       

                                Father     Mother     Combined                  

1a. Annual gross income from                                       12,214       

     employment or, when                                                        

     determined to be                                                           

     appropriate by the court or                                   12,215       

     agency, average annual                                                     

     gross income from                                                          

     employment over a                                             12,216       

     reasonable period of years                                                 

     (exclude overtime and                                                      

     bonuses)...................  $......     $......              12,218       

 b. Amount of overtime and                                         12,219       

     bonuses                       Father      Mother              12,220       

    Yr. 3                                                          12,221       

    (Three years ago)             $......     $......              12,222       

    Yr. 2                                                          12,223       

    (Two years ago)               $......     $......              12,224       

    Yr. 1                                                          12,225       

    (Last calendar year)          $......     $......              12,226       

    Average:                      $......     $......              12,227       

    (Include in Column I and/or                                    12,228       

     Column II the average of                                                   

     the three years or the year                                   12,229       

     1 amount, whichever is                                                     

     less, if there exists a                                                    

     reasonable expectation that                                   12,230       

     the total earnings from                                                    

     overtime and/or bonuses                                       12,231       

     during the current calendar                                                

                                                          297    

                                                                 
     year will meet or exceed                                                   

     the amount that is the                                        12,232       

     lower of the average of the                                                

     three years or the year 1                                                  

     amount.  If, however, there                                   12,233       

     exists a reasonable                                           12,234       

     expectation that the total                                                 

     earnings from                                                              

     overtime/bonuses during the                                   12,235       

     current calendar year will                                                 

     be less than the lower of                                                  

     the average of the three                                      12,236       

     years or the year 1 amount,                                                

     include only the amount                                                    

     reasonably expected to be                                     12,238       

     earned this year.).........  $......    $.......              12,239       

2.  Annual income from interest                                    12,240       

     and dividends (whether or                                                  

     not taxable)...............  $......     $......              12,242       

3.  Annual income from                                             12,243       

     unemployment compensation..  $......     $......              12,244       

4.  Annual income from workers'                                    12,245       

     compensation or disability                                                 

     insurance benefits.........  $......     $......              12,247       

5.  Other annual income                                            12,248       

     (identify).................  $......     $......              12,249       

6.  Total annual gross income                                      12,250       

     (add lines 1-5)............  $......     $......              12,251       

7.  Annual court-ordered support                                   12,252       

     paid for other children....  $......     $......              12,253       

8.  Adjustment for minor                                           12,254       

     children born to either                                                    

     parent and another parent,                                    12,255       

     which children are living                                                  

                                                          298    

                                                                 
     with this parent (number of                                                

     children times federal                                        12,256       

     income tax exemption less                                                  

     child support received for                                                 

     the year, not to exceed the                                   12,257       

     federal tax exemption).....  $......     $......              12,258       

9.  Annual court-ordered spousal                                   12,259       

     support paid to a former                                                   

     spouse.....................  $......     $......              12,261       

10. Amount of local income taxes                                   12,262       

     actually paid or estimated                                                 

     to be paid.................  $......     $......              12,264       

11. For self-employed                                              12,265       

     individuals, deduct 5.6% of                                                

     adjusted gross income or                                      12,266       

     the actual marginal                                                        

     difference between the                                                     

     actual rate paid by the                                                    

     self-employed individual                                      12,267       

     and the F.I.C.A. rate......  $......     $......              12,268       

12. For self-employed                                              12,269       

     individuals, deduct                                                        

     ordinary and necessary                                                     

     business expenses..........  $......     $......              12,271       

13. Total gross income                                             12,272       

     adjustments (add lines                                                     

     7-12)......................  $......     $......              12,273       

14. Adjusted annual gross income                                   12,274       

     (subtract line 13 from line                                                

     6).........................  $......     $......              12,276       

15. Combined annual income that                                    12,277       

     is basis for child support                                                 

     order (add line 14, Col. I                                    12,278       

     and Col. II)...............                          $.....   12,279       

                                                          299    

                                                                 
16. Percentage parent's income                                     12,280       

     to total income                                                            

 a. Father (divide line 14, Col.                                   12,281       

     I by line 15, Col. III)   .........%                          12,282       

 b. Mother (divide line 14, Col.                                   12,283       

     II by line 15, Col. III)...           + .......%     = 100%   12,284       

17. Basic combined child support                                   12,285       

     obligation/household                                                       

 a. For children for whom the                                      12,286       

     father is the residential                                                  

     parent and legal custodian                                    12,287       

     (Refer to basic child                                                      

     support schedule in                                                        

     division (D) of section                                       12,288       

     3113.215 of the Revised                                                    

     Code; in the first column                                                  

     of the schedule, locate the                                   12,289       

     sum that is nearest to the                                                 

     combined annual income                                                     

     listed in line 15, Col. III                                   12,290       

     of this worksheet, then                                                    

     refer to the column of the                                                 

     schedule that corresponds                                     12,291       

     to the number of children                                                  

     for whom the father is the                                                 

     residential parent and                                        12,292       

     legal custodian.  If the                                                   

     income of the parents is                                                   

     more than one sum, and less                                   12,293       

     than another sum, in the                                                   

     first column of the                                                        

     schedule, you may calculate                                   12,294       

     the basic combined child                                                   

     support obligation based                                                   

                                                          300    

                                                                 
     upon the obligation for                                       12,295       

     those two sums.)...........                         $......   12,296       

 b. For children for whom the                                      12,297       

     mother is the RESIDENTIAL                                                  

     parent and the legal                                          12,298       

     custodian.  (Refer to basic                                                

     child support schedule in                                                  

     division (D) of section                                       12,299       

     3313.215 3113.215 of the                                                   

     Revised Code; in the first                                    12,300       

     column of the schedule,                                                    

     locate the sum that is                                                     

     nearest to the combined                                                    

     annual income listed in                                       12,301       

     line 15, Col. III of this                                                  

     worksheet, then refer to                                                   

     the column of the schedule                                    12,302       

     that corresponds to the                                                    

     number of children for whom                                                

     the mother is the                                             12,303       

     residential parent and the                                    12,304       

     legal custodian.  If the                                                   

     income of the parents is                                                   

     more than one sum, and less                                   12,305       

     than another sum, in the                                                   

     first column of the                                                        

     schedule, you may calculate                                   12,306       

     the basic combined child                                                   

     support obligation based                                                   

     upon the obligation for                                       12,307       

     those two sums.)...........                         $......   12,308       

18. Annual child care expenses                                     12,309       

     for the children who are                                                   

     the subject of this order                                     12,310       

                                                          301    

                                                                 
     that are work, employment                                                  

     training, or education                                        12,311       

     related, as approved by the                                                

     court or agency (deduct the                                                

     as approved by the court or                                   12,312       

     agency (deduct the tax                                                     

     credit from annual cost,                                      12,313       

     whether or not claimed)                                                    

 a. Expenses paid by the father.  $......                          12,315       

 b. Expenses paid by the mother.              $......              12,317       

19. Marginal, out-of-pocket                                        12,318       

     costs, necessary to provide                                                

     for health insurance for                                      12,319       

     the children who are the                                                   

     subject of this order                                                      

 a. Costs paid by the father....  $......                          12,321       

 b. Costs paid by the mother....              $......              12,323       

20. Total annual child care and                                    12,324       

     medical expenses                                                           

 a. Of father (add lines 18a and                                   12,325       

     19a).......................  $......                          12,326       

 b. Of mother (add lines 18b and                                   12,327       

     19b).......................              $......              12,328       

21. Total annual child support                                     12,329       

     obligation                                                                 

 a. Of father for child(ren) for                                   12,330       

     whom the mother is the                                                     

     residential parent and                                        12,331       

     legal custodian (add lines                                                 

     20a and 17b and multiply by                                                

     line 16a)..................  $......                          12,333       

 b. Of mother for child(ren) for                                   12,334       

     whom the father is the                                                     

     residential parent and                                        12,335       

                                                          302    

                                                                 
     legal custodian (add lines                                                 

     20b and 17b 17a and                                                        

     multiply by line 16b)......              $......              12,337       

22. Adjustment for actual                                          12,338       

     expenses paid for annual                                                   

     child care expenses, and                                      12,339       

     marginal, out-of-pocket                                                    

     costs, necessary to provide                                                

     for health insurance                                                       

 a. For father (enter number                                       12,340       

     from line 20a).............  $......                          12,341       

 b. For mother (enter number                                       12,342       

     from line 20b).............              $......              12,343       

23. Actual annual obligation                                       12,344       

     (subtract line 22a from                                                    

     line 21a and insert in                                        12,345       

     Column I; subtract line 22b                                                

     from line 21b and insert in                                                

     Column II).................  $......     $......              12,347       

24. Net annual support                                             12,348       

     obligation (greater amount                                                 

     on line 23 Column I or line                                   12,349       

     23 Column II minus lesser                                                  

     amount on line 23 Column I                                                 

     or line 23 Column II)......  $......     $......              12,351       

25. Gross household income per                                     12,352       

     party after exchange of                                                    

     child support..............  $......     $......              12,354       

     (add line 14 and line 24                                      12,355       

     for the parent receiving a                                                 

     child support payment;                                        12,356       

     subtract line 24 from line                                                 

     14 for the parent making a                                                 

     child support payment)                                        12,357       

                                                          303    

                                                                 
26. Comments, rebuttal, or                                         12,358       

     adjustments to correct                                                     

     figures in lines 24, Column                                   12,359       

     I and 24, Column II if they                                                

     would be unjust or                                                         

     inappropriate and would not                                   12,360       

     be in best interest of the                                                 

     children (specific facts to                                                

     support adjustments must be                                   12,361       

     included)..................  $......     $......              12,362       

.................................................................  12,364       

.................................................................  12,365       

.................................................................  12,366       

(Addendum sheet may be attached)                                   12,367       

27. Final figure (this amount                                      12,369       

     reflects final annual child                                                

     support obligation)........  $......  father/mother           12,371       

                                           obligor                              

28. For decree:  child support                                     12,374       

     per child per week or per                                                  

     month (divide obligor's                                       12,375       

     annual share, line 27, by                                                  

     12 or 52 and by the number                                                 

     of children)...............  $......                          12,377       

29. For deduction order:  child                                    12,378       

     support per day (calculate                                                 

     support per pay period from                                   12,379       

     figure on line 28) and add                                                 

     appropriate poundage                                                       

     PROCESSING CHARGE..........              $......              12,381       

Calculations have been reviewed.                                   12,384       

Signatures                         ..............................  12,386       

                                               Father              12,387       

                                        I do/do not consent.       12,388       

                                                          304    

                                                                 
      Sworn to before me and suscribed SUBSCRIBED in my presence,  12,391       

this ..... day of .........., 19...                                12,392       

                                   ..............................  12,394       

                                           Notary Public           12,395       

                                   ..............................  12,396       

                                               Mother              12,397       

                                        I do/do not consent.       12,398       

      Sworn to before me and suscribed SUBSCRIBED in my presence,  12,401       

this ..... day of .........., 19...                                12,402       

                                   ..............................  12,404       

                                           Notary Public           12,405       

..............................     ..............................  12,406       

Attorney for father                Attorney for mother"            12,407       

      (G)  At least once every four years, the department of       12,410       

human services shall review the basic child support schedule set   12,411       

forth in division (D) of this section to determine whether         12,412       

support orders issued in accordance with the schedule and the      12,413       

applicable worksheet in division (E) of this section, through      12,414       

line 24, or in division (F) of this section, through line 23,      12,415       

adequately provide for the needs of the children who are subject   12,416       

to the support orders, prepare a report of its review, and submit  12,417       

a copy of the report to both houses of the general assembly.  For  12,418       

each review, the department shall establish a child support        12,419       

guideline advisory council to assist the department in the         12,421       

completion of its reviews and reports.  Each council shall be      12,423       

composed of obligors, obligees, judges of courts of common pleas                

who have jurisdiction over domestic relations cases, attorneys     12,424       

whose practice includes a significant number of domestic           12,425       

relations cases, representatives of child support enforcement      12,426       

agencies, other persons interested in the welfare of children,     12,427       

three members of the senate appointed by the president of the      12,428       

senate, no more than two of whom are members of the same party,    12,429       

and three members of the house of representatives appointed by     12,430       

the speaker of the house, no more than two of whom are members of  12,431       

                                                          305    

                                                                 
the same party.  The department shall consider input from the      12,432       

council prior to the completion of any report under this section.  12,434       

The advisory council shall cease to exist at the time that it      12,438       

submits its report to the general assembly.  Any expenses          12,439       

incurred by an advisory council shall be paid by the department.   12,440       

      On or before March 1, 1993, the department shall submit its  12,442       

initial report under this division to both houses of the general   12,443       

assembly.  On or before the first day of March of every fourth     12,444       

year after 1993, the department shall submit a report under this   12,445       

division to both houses of the general assembly.                   12,446       

      Sec. 3113.216.  (A)  As used in this section, "obligor,"     12,455       

"obligee," and "child support enforcement agency" have the same    12,456       

meanings as in section 3113.21 of the Revised Code.                12,457       

      (B)  No later than October 13, 1990, the department of       12,459       

human services shall adopt rules pursuant to Chapter 119. of the   12,460       

Revised Code establishing a procedure for determining when         12,461       

existing child support orders should be reviewed to determine      12,462       

whether it is necessary and in the best interest of the children   12,463       

who are the subject of the child support order to change the       12,464       

child support order.  The rules shall include, but are not         12,465       

limited to, all of the following:                                  12,466       

      (1)  Any procedures necessary to comply with section         12,468       

666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of    12,469       

1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any   12,470       

regulations adopted pursuant to, or to enforce, that section;      12,471       

      (2)  Procedures for determining what child support orders    12,473       

are to be subject to review upon the request of either the         12,474       

obligor or the obligee or periodically by the child support        12,475       

enforcement agency administering the child support order;          12,476       

      (3)  Procedures for the child support enforcement agency to  12,478       

periodically review and to review, upon the request of the         12,479       

obligor or the obligee, any child support order that is subject    12,480       

to review to determine whether the amount of child support paid    12,481       

under the child support order should be adjusted in accordance     12,482       

                                                          306    

                                                                 
with the basic child support schedule set forth in division (D)    12,483       

of section 3113.215 of the Revised Code OR WHETHER THE PROVISIONS  12,484       

FOR THE CHILD'S HEALTH CARE NEEDS UNDER THE CHILD SUPPORT ORDER    12,485       

SHOULD BE MODIFIED IN ACCORDANCE WITH SECTION 3113.217 OF THE      12,486       

REVISED CODE;                                                                   

      (4)  Procedures for giving obligors and obligees notice of   12,488       

their right to request a review of a child support order that is   12,489       

determined to be subject to review, notice of any proposed         12,490       

revision of the amount of child support to be paid under the       12,491       

child support order, notice of the procedures for requesting a     12,492       

hearing on any proposed revision of the amount of child support    12,493       

to be paid under a child support order, notice of any              12,494       

administrative hearing to be held on a proposed revision of the    12,495       

amount of child support to be paid under a child support order,    12,496       

at least sixty days' prior notice of any review of their child     12,497       

support order, and notice that a failure to comply with any        12,498       

request for documents or information to be used in the review of   12,499       

a child support order is contempt of court;                        12,500       

      (5)  Procedures for obtaining the necessary documents and    12,502       

information necessary to review child support orders and for       12,503       

holding administrative hearings on a proposed revision of the      12,504       

amount of child support to be paid under a child support order;    12,505       

      (6)  Procedures for adjusting child support orders in        12,507       

accordance with the basic child support schedule set forth in      12,508       

division (D) of section 3113.215 of the Revised Code and the       12,509       

applicable worksheet in division (E) of that section, through      12,510       

line 24 or in division (F) of that section, through line 23;       12,511       

      (7)  PROCEDURES FOR ADJUSTING THE PROVISIONS OF THE CHILD    12,513       

SUPPORT ORDER GOVERNING THE HEALTH CARE NEEDS OF THE CHILD         12,514       

PURSUANT TO SECTION 3113.217 OF THE REVISED CODE.                  12,515       

      (C)(1)  If a child support enforcement agency, periodically  12,517       

or upon request of an obligor or obligee, plans to review a child  12,518       

support order in accordance with the rules adopted pursuant to     12,519       

division (B) of this section or otherwise plans to review a child  12,520       

                                                          307    

                                                                 
support order, it shall do all of the following prior to formally  12,521       

beginning the review:                                              12,522       

      (a)  Establish a date certain upon which the review will     12,524       

formally begin;                                                    12,525       

      (b)  At least sixty days before formally beginning the       12,527       

review, send the obligor and the obligee notice of the planned     12,528       

review and of the date when the review will formally begin;        12,529       

      (c)  Request the obligor to provide the agency, no later     12,531       

than the scheduled date for formally beginning the review, with a  12,532       

copy of the obligor's federal income tax return from the previous  12,533       

year, a copy of all pay stubs obtained by the obligor within the   12,534       

preceding six months, a copy of all other records evidencing the   12,535       

receipt of any other salary, wages, or compensation by the         12,536       

obligor within the preceding six months, A LIST OF THE GROUP       12,537       

HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS    12,538       

AVAILABLE TO THE OBLIGOR AND THEIR COSTS, THE CURRENT HEALTH       12,539       

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH     12,540       

THE OBLIGOR IS ENROLLED AND ITS COST, and any other information    12,542       

necessary to properly review the child support order, and request  12,543       

the obligee to provide the agency, no later than the scheduled     12,544       

date for formally beginning the review, with a copy of the         12,545       

obligee's federal income tax return from the previous year, a                   

copy of all pay stubs obtained by the obligee within the           12,546       

preceding six months, a copy of all other records evidencing the   12,547       

receipt of any other salary, wages, or compensation by the         12,548       

obligee within the preceding six months, A LIST OF THE GROUP       12,549       

HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS    12,550       

AVAILABLE TO THE OBLIGEE AND THEIR COSTS, THE CURRENT HEALTH       12,551       

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH     12,552       

THE OBLIGEE IS ENROLLED AND ITS COST, and any other information    12,554       

necessary to properly review the child support order;                           

      (d)  Include in the notice sent pursuant to division         12,556       

(C)(1)(b) of this section, a notice that a willful failure to      12,557       

provide the documents and other information requested pursuant to  12,558       

                                                          308    

                                                                 
division (C)(1)(c) of this section is contempt of court.           12,559       

      (2)  If either the obligor or the obligee fails to comply    12,561       

with a request for information made pursuant to division           12,562       

(C)(1)(c) of this section, it is contempt of court, and the        12,563       

agency shall notify the court of the failure to comply with the    12,564       

request for information.  The agency may request the court to      12,565       

issue an order requiring the obligor or the obligee to provide     12,566       

the information as requested or take whatever action is necessary  12,567       

to obtain the information and make any reasonable assumptions      12,568       

necessary with respect to the income of INFORMATION the person in  12,570       

contempt of court DID NOT PROVIDE to ensure a fair and equitable   12,571       

review of the child support order.  If the agency decides to       12,573       

conduct the review based upon ON reasonable assumptions with       12,575       

respect to the income of INFORMATION the person in contempt of     12,577       

court DID NOT PROVIDE, it shall proceed under division (C)(3) of   12,578       

this section in the same manner as if all requested information    12,579       

has been received.                                                 12,580       

      (3)  Upon the date established pursuant to division          12,582       

(C)(1)(a) of this section for formally beginning the review of a   12,583       

child support order, the agency shall review the child support     12,584       

order and shall do all of the following:                           12,585       

      (a)  Calculate a revised amount of child support to be paid  12,587       

under the child support order;                                     12,588       

      (b)  Give the obligor and obligee notice of the revised      12,590       

amount of child support to be paid under the child support order,  12,591       

of their right to request an administrative hearing on the         12,592       

revised amount of child support, of the procedures and time        12,593       

deadlines for requesting the hearing, and that the revised amount  12,594       

of child support will be submitted to the court for inclusion in   12,595       

a revised child support order unless the obligor or obligee        12,596       

requests an administrative hearing on the proposed change within   12,597       

thirty days after receipt of the notice under this division;       12,598       

      (c)  If neither the obligor nor the obligee timely requests  12,600       

an administrative hearing on the revised amount of child support   12,601       

                                                          309    

                                                                 
to be paid under the child support order, submit the revised       12,602       

amount of child support to the court for inclusion in a revised    12,603       

child support order;                                               12,604       

      (d)  If the obligor or the obligee timely requests an        12,606       

administrative hearing on the revised amount of child support to   12,607       

be paid under the child support order, the agency shall schedule   12,608       

a hearing on the issue, give the obligor and obligee notice of     12,609       

the date, time, and location of the hearing, conduct the hearing   12,610       

in accordance with the rules adopted under division (B) of this    12,611       

section, redetermine at the hearing a revised amount of child      12,612       

support to be paid under the child support order, and give notice  12,613       

of all of the following to the obligor and obligee:                12,614       

      (i)  The revised amount of child support to be paid under    12,616       

the child support order;                                           12,617       

      (ii)  That they may request a court hearing on the revised   12,619       

amount of child support;                                           12,620       

      (iii)  That the agency will submit the revised amount of     12,622       

child support to the court for inclusion in a revised child        12,623       

support order, if neither the obligor nor the obligee requests a   12,624       

court hearing on the revised amount of child support.              12,625       

      (e)  If neither the obligor nor the obligee requests a       12,627       

court hearing on the revised amount of child support to be paid    12,628       

under the child support order, submit the revised amount of child  12,629       

support to the court for inclusion in a revised child support      12,630       

order.                                                             12,631       

      (4)  In calculating a revised amount of child support to be  12,633       

paid under a child support order under division (C)(3)(a) of this  12,634       

section, and in redetermining, at an administrative hearing        12,635       

conducted under division (C)(3)(d) of this section, a revised      12,636       

amount of child support to be paid under a child support order,    12,637       

the child support enforcement agency shall consider, in addition   12,638       

to all other factors required by law to be considered, the THE     12,639       

FOLLOWING:                                                         12,640       

      (a)  THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR,      12,642       

                                                          310    

                                                                 
OBLIGEE, OR BOTH, TO BE REQUIRED IN ACCORDANCE WITH SECTION        12,643       

3113.217 OF THE REVISED CODE TO PROVIDE HEALTH INSURANCE COVERAGE  12,644       

FOR THE CHILDREN SPECIFIED IN THE ORDER;                                        

      (b)  THE cost of health insurance COVERAGE which the         12,647       

obligor, the obligee, or both the obligor and the obligee have     12,649       

been ordered to obtain IN ACCORDANCE WITH SECTION 3113.217 OF THE  12,650       

REVISED CODE for the children specified in the order.              12,651       

      (D)  If an obligor or obligee files a request for a court    12,653       

hearing on a revised amount of child support to be paid under a    12,654       

child support order in accordance with division (C) of this        12,655       

section and the rules adopted under division (B) of this section,  12,656       

the court shall conduct a hearing in accordance with division      12,657       

(C)(1)(c) of section 3113.21 of the Revised Code.                  12,658       

      (E)  A child support enforcement agency is not required to   12,660       

review a child support order pursuant to this section if the       12,661       

review is not otherwise required by section 666(a)(10) of Title    12,662       

42 of the U.S. Code, "Family Support Act of 1988," 102 Stat.       12,663       

2346, 42 U.S.C. 666(a)(10), as amended, and any regulations        12,664       

adopted pursuant to, or to enforce, that section and if either of  12,665       

the following apply:                                               12,666       

      (1)  The obligee has made an assignment under section        12,668       

5107.07 of the Revised Code of his THE right to receive child      12,669       

support payments, the agency determines that the review would not  12,671       

be in the best interest of the children who are the subject of     12,672       

the child support order, and neither the obligor nor the obligee   12,673       

has requested that the review be conducted;                        12,674       

      (2)  The obligee has not made an assignment under section    12,676       

5107.07 of the Revised Code of his THE right to receive child      12,677       

support payments, neither the obligor nor the obligee has          12,679       

requested that the review be conducted.                            12,680       

      Sec. 3113.217.  (A)  As used in this section:                12,689       

      (1)  "Obligor," "obligee," and "child support enforcement    12,691       

agency" have the same meanings as in section 3113.21 of the        12,692       

Revised Code.                                                      12,693       

                                                          311    

                                                                 
      (2)  "Insurer" means any person that is authorized to        12,695       

engage in the business of insurance in this state under Title      12,696       

XXXIX of the Revised Code, any health insuring corporation, and    12,699       

any legal entity that is self-insured and provides benefits to     12,700       

its employees or members.                                                       

      (B)  In any action or proceeding in which a child support    12,702       

order is issued or modified on or after July 1, 1990, under        12,703       

Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33,     12,704       

2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,     12,707       

3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the    12,709       

child support enforcement agency shall determine whether the       12,710       

obligor or obligee has satisfactory health insurance coverage,     12,711       

other than medical assistance under Title XIX of the "Social       12,712       

Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,     12,713       

for the children who are the subject of the child support order.   12,714       

If the agency determines that neither the obligor nor the obligee  12,715       

has satisfactory health insurance coverage for the children, it    12,716       

shall file a motion with the court requesting the court to issue   12,717       

an order in accordance with divisions (C) to (K) of this section.  12,718       

      (C)  In any action or proceeding in which a child support    12,720       

order is issued or modified on or after July 1, 1990, under        12,721       

Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36,      12,722       

2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,     12,724       

3113.07, 3113.216, or 3113.31 of the Revised Code, in addition to  12,726       

any requirements in those sections, the court also shall issue a   12,727       

separate order that includes all DETERMINE THE PARENT RESPONSIBLE  12,728       

FOR THE HEALTH CARE OF THE CHILDREN SUBJECT TO THE CHILD SUPPORT   12,729       

ORDER AND SHALL INCLUDE IN THE ORDER ONE of the following:         12,730       

      (1)  A requirement that the obligor under the child support  12,732       

order obtain health insurance coverage for the children who are    12,733       

the subject of the child support order from an insurer that        12,734       

provides a group health insurance or health care policy,           12,735       

contract, or plan that is specified in the order and a             12,736       

requirement that the obligor, no later than thirty days after the  12,737       

                                                          312    

                                                                 
issuance of the order under division (C)(1) of this section,       12,738       

furnish written proof to the child support enforcement agency      12,739       

that the required health insurance coverage has been obtained, if  12,740       

that coverage is available at a reasonable cost through a group    12,741       

health insurance or health care policy, contract, or plan offered  12,742       

by the obligor's employer or through any other group health        12,743       

insurance or health care policy, contract, or plan available to    12,744       

the obligor and if health insurance coverage for the children IT   12,745       

is not available for a more reasonable cost through a group        12,747       

health insurance or health care policy, contract, or plan          12,748       

available to the obligee under the child support order;            12,749       

      (2)  If the obligor is required under division (C)(1) of     12,751       

this section to obtain health insurance coverage for the children  12,752       

who are the subject of the child support order, a requirement      12,753       

that the obligor supply the obligee with information regarding     12,754       

the benefits, limitations, and exclusions of the health insurance  12,755       

coverage, copies of any insurance forms necessary to receive       12,756       

reimbursement, payment, or other benefits under the health         12,757       

insurance coverage, and a copy of any necessary insurance cards,   12,758       

a requirement that the obligor submit a copy of the court order    12,759       

issued pursuant to division (C) of this section to the insurer at  12,760       

the time that the obligor makes application to enroll the          12,761       

children in the health insurance or health care policy, contract,  12,762       

or plan, and a requirement that the obligor, no later than thirty  12,763       

days after the issuance of the order under division (C)(2) of      12,764       

this section, furnish written proof to the child support           12,765       

enforcement agency that division (C)(2) of this section has been   12,766       

complied with;                                                     12,767       

      (3)  A requirement that the obligee under the child support  12,769       

order obtain health insurance coverage for the children who are    12,770       

the subject of the child support order from an insurer that        12,771       

provides a group health insurance or health care policy,           12,772       

contract, or plan that is specified in the order and a             12,773       

requirement that the obligee, no later than thirty days after the  12,774       

                                                          313    

                                                                 
issuance of the order under division (C)(1) of this section,       12,775       

furnish written proof to the child support enforcement agency      12,776       

that the required health insurance coverage has been obtained, if  12,777       

that coverage is available through a group health insurance or     12,778       

health care policy, contract, or plan offered by the obligee's     12,779       

employer or through any other group health insurance or health     12,780       

care policy, contract, or plan available to the obligee and if     12,781       

that coverage IT is available at a more reasonable cost than       12,782       

health insurance SUCH coverage for the children through a group    12,784       

health insurance or health care policy, contract, or plan IS       12,785       

available to the obligor;                                          12,786       

      (4)  If the obligee is required under division (C)(3) of     12,788       

this section to obtain health insurance coverage for the children  12,789       

who are the subject of the child support order, a requirement      12,790       

that the obligee submit a copy of the court order issued pursuant  12,791       

to division (C) of this section to the insurer at the time that    12,792       

the obligee makes application to enroll the children in the        12,793       

health insurance or health care policy, contract, or plan;         12,794       

      (5)  A list of the group health insurance and health care    12,796       

policies, contracts, and plans that the court determines are       12,797       

available at a reasonable cost to the obligor or to the obligee    12,798       

and the name of the insurer that issues each policy, contract, or  12,799       

plan;                                                              12,800       

      (6)  A statement setting forth the name, address, and        12,802       

telephone number of the individual who is to be reimbursed for     12,803       

out-of-pocket medical, optical, hospital, dental, or prescription  12,804       

expenses paid for each child who is the subject of the support     12,805       

order and a statement that the insurer that provides the health    12,806       

insurance coverage for the children may continue making payment    12,807       

for medical, optical, hospital, dental, or prescription services   12,808       

directly to any health care provider in accordance with the        12,809       

applicable health insurance or health care policy, contract, or    12,810       

plan;                                                              12,811       

      (7)  A requirement that the obligor and the obligee          12,813       

                                                          314    

                                                                 
designate the children who are the subject of the child support    12,814       

order as covered dependents under any health insurance or health   12,815       

care policy, contract, or plan for which they contract;            12,816       

      (8)  A requirement that the obligor, the obligee, or both    12,818       

of them under a formula established by the court pay co-payment    12,819       

or deductible costs required under the health insurance or health  12,820       

care policy, contract, or plan that covers the children;           12,821       

      (9)(3)  If health insurance coverage for the children who    12,823       

are the subject of the order is not available at a reasonable      12,825       

cost through a group health insurance or health care policy,       12,826       

contract, or plan offered by the obligor's employer or through     12,827       

any other group health insurance or health care policy, contract,  12,828       

or plan available to the obligor and is not available at a         12,829       

reasonable cost through a group health insurance or health care    12,830       

policy, contract, or plan offered by the obligee's employer or     12,831       

through any other group health insurance or health care policy,    12,832       

contract, or plan available to OR the obligee, a requirement that  12,833       

the obligor and the obligee share liability for the cost of the    12,834       

medical and health care needs of the children who are the subject  12,835       

of the order, under an equitable formula established by the        12,836       

court, and a requirement that if, after the issuance of the        12,837       

order, health insurance coverage for the children who are the      12,838       

subject of the order becomes available at a reasonable cost        12,839       

through a group health insurance or health care policy, contract,  12,840       

or plan offered by the obligor's or obligee's employer or through  12,841       

any other group health insurance or health care policy, contract,  12,842       

or plan available to the obligor or obligee, the obligor or        12,843       

obligee to whom the coverage becomes available immediately inform  12,844       

the court of that fact.                                            12,845       

      (10)  A notice that, if the obligor is required under        12,847       

divisions (C)(1) and (2) of this section to obtain health          12,848       

insurance coverage for the children who are the subject of the     12,849       

child support order and if the obligor fails to comply with the    12,850       

requirements of those divisions, the court immediately shall       12,851       

                                                          315    

                                                                 
issue an order to the employer of the obligor, upon written        12,852       

notice from the child support enforcement agency, requiring the    12,853       

employer to take whatever action is necessary to make application  12,854       

to enroll the obligor in any available group health insurance or   12,855       

health care policy, contract, or plan with coverage for the        12,856       

children who are the subject of the child support order, to        12,857       

submit a copy of the court order issued pursuant to division (C)   12,858       

of this section to the insurer at the time that the employer       12,859       

makes application to enroll the children in the health insurance   12,860       

or health care policy, contract, or plan, and, if the obligor's    12,861       

application is accepted, to deduct any additional amount from the  12,862       

obligor's earnings necessary to pay any additional cost for that   12,863       

health insurance coverage;                                         12,864       

      (11)  A notice that during the time that an order under      12,866       

this section is in effect, the employer of the obligor is          12,867       

required to release to the obligee or the child support            12,868       

enforcement agency upon written request any necessary information  12,869       

on the health insurance coverage of the obligor, including, but    12,870       

not limited to, the name and address of the insurer and any        12,871       

policy, contract, or plan number, and to otherwise comply with     12,872       

this section and any court order issued under this section;        12,873       

      (12)  A statement setting forth the full name and date of    12,875       

birth of each child who is the subject of the child support        12,876       

order;                                                             12,877       

      (13)  A requirement that the obligor and the obligee comply  12,879       

with any requirement described in division (C)(1), (2), (3), (4),  12,880       

or (7) of this section that is contained in the order issued       12,881       

under this section no later than thirty days after the issuance    12,882       

of the order.                                                      12,883       

      (D)  In any action in which a child support order is issued  12,885       

or modified on or after July 1, 1990, under Chapter 3115. or       12,886       

section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18,     12,887       

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    12,889       

or 3113.31 of the Revised Code, the court, in addition to any      12,890       

                                                          316    

                                                                 
requirements in those sections and in lieu of an order issued      12,891       

under division (C) of this section, may issue a separate order     12,892       

requiring both;                                                                 

      (4)  A REQUIREMENT THAT BOTH the obligor and the obligee to  12,895       

obtain health insurance coverage for the children who are the      12,896       

subject of the child support order, if health insurance coverage   12,897       

is available for the children and if the court determines that     12,898       

the coverage is available at a reasonable cost to both the         12,899       

obligor and the obligee and that the dual coverage by both         12,900       

parents would provide for coordination of medical benefits         12,901       

without unnecessary duplication of coverage.  If the court issues  12,902       

an order under this division, it shall include in the order any    12,903       

of the requirements, notices, and information set forth in         12,904       

divisions (C)(1) to (13) of this section that are applicable.      12,905       

      (E)  Any                                                     12,907       

      (C)  A CHILD SUPPORT ORDER ISSUED OR MODIFIED PURSUANT TO    12,910       

SECTION 2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49,    12,911       

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    12,912       

3113.31, OR 3115.30 OF THE REVISED CODE SHALL CONTAIN ALL OF THE   12,914       

FOLLOWING:                                                         12,915       

      (1)  IF THE OBLIGOR IS REQUIRED UNDER DIVISION (B)(1) OF     12,918       

THIS SECTION, THE OBLIGEE IS REQUIRED UNDER DIVISION (B)(2) OF     12,920       

THIS SECTION, OR BOTH THE OBLIGOR AND OBLIGEE ARE REQUIRED UNDER   12,921       

DIVISION (B)(4) OF THIS SECTION, TO PROVIDE HEALTH INSURANCE       12,923       

COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT THE OBLIGOR OR       12,924       

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  12,925       

PROVIDE THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS,  12,927       

LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE,      12,928       

COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT,  12,929       

PAYMENT, OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE,    12,930       

AND A COPY OF ANY NECESSARY INSURANCE CARDS, A REQUIREMENT THAT    12,931       

THE OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH       12,932       

INSURANCE COVERAGE SUBMIT A COPY OF THE COURT ORDER ISSUED         12,933       

PURSUANT TO DIVISION (B)(1), (2), OR (4) OF THIS SECTION TO THE    12,934       

                                                          317    

                                                                 
INSURER AT THE TIME THAT THE OBLIGOR OR OBLIGEE, WHOEVER IS        12,935       

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE MAKES APPLICATION TO  12,936       

ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE         12,937       

POLICY, CONTRACT, OR PLAN, AND A REQUIREMENT THAT THE OBLIGOR OR   12,938       

OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE,  12,939       

FURNISH WRITTEN PROOF TO THE CHILD SUPPORT ENFORCEMENT AGENCY      12,941       

THAT DIVISION (C)(1) OF THIS SECTION HAS BEEN COMPLIED WITH;       12,942       

      (2)  A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE    12,944       

POLICIES, CONTRACTS, AND PLANS THAT THE COURT DETERMINES ARE       12,945       

AVAILABLE AT A REASONABLE COST TO THE OBLIGOR OR TO THE OBLIGEE    12,946       

AND THE NAME OF THE INSURER THAT ISSUES EACH POLICY, CONTRACT, OR  12,947       

PLAN;                                                              12,948       

      (3)  A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND        12,950       

TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR     12,951       

OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION  12,952       

EXPENSES PAID FOR EACH CHILD WHO IS THE SUBJECT OF THE SUPPORT     12,953       

ORDER AND A STATEMENT THAT THE INSURER THAT PROVIDES THE HEALTH    12,954       

INSURANCE COVERAGE FOR THE CHILDREN MAY CONTINUE MAKING PAYMENT    12,955       

FOR MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION SERVICES   12,956       

DIRECTLY TO ANY HEALTH CARE PROVIDER IN ACCORDANCE WITH THE        12,957       

APPLICABLE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR    12,958       

PLAN;                                                              12,959       

      (4)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE          12,961       

DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH      12,963       

INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN FOR WHICH THEY  12,964       

CONTRACT;                                                                       

      (5)  A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH    12,966       

OF THEM UNDER A FORMULA ESTABLISHED BY THE COURT PAY CO-PAYMENT    12,967       

OR DEDUCTIBLE COSTS REQUIRED UNDER THE HEALTH INSURANCE OR HEALTH  12,968       

CARE POLICY, CONTRACT, OR PLAN THAT COVERS THE CHILDREN;           12,969       

      (6)  A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE    12,972       

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO        12,974       

RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT       12,975       

AGENCY UPON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE       12,976       

                                                          318    

                                                                 
HEALTH INSURANCE COVERAGE, INCLUDING, BUT NOT LIMITED TO, THE      12,977       

NAME AND ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN  12,978       

NUMBER, AND TO OTHERWISE COMPLY WITH THIS SECTION AND ANY COURT    12,979       

ORDER ISSUED UNDER THIS SECTION;                                                

      (7)  A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF     12,981       

BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE CHILD SUPPORT        12,982       

ORDER;                                                             12,983       

      (8)  A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY   12,985       

WITH ANY REQUIREMENT DESCRIBED IN DIVISION (B)(1), (2), AND (4),   12,986       

AND (C)(1) AND (4) OF THIS SECTION THAT IS CONTAINED IN THE ORDER  12,988       

ISSUED UNDER THIS SECTION NO LATER THAN THIRTY DAYS AFTER THE      12,989       

ISSUANCE OF THE ORDER.                                             12,990       

      (9)  A NOTICE THAT, IF THE OBLIGOR OR OBLIGEE IS REQUIRED    12,992       

TO OBTAIN HEALTH INSURANCE COVERAGE PURSUANT TO THE CHILD SUPPORT  12,994       

ORDER FOR THE CHILDREN AND IF THE OBLIGOR OR OBLIGEE FAILS TO      12,995       

OBTAIN THE HEALTH INSURANCE COVERAGE, THE CHILD SUPPORT                         

ENFORCEMENT AGENCY SHALL COMPLY WITH DIVISION (D) OF THIS SECTION  12,997       

TO OBTAIN A COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO        12,998       

OBTAIN THE HEALTH INSURANCE COVERAGE;                              12,999       

      (10)  A NOTICE THAT STATES THE FOLLOWING:  "IF THE PERSON    13,001       

REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE          13,002       

CHILDREN SUBJECT TO THIS CHILD SUPPORT ORDER OBTAINS NEW           13,003       

EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS   13,004       

PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY    13,005       

WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION 3113.217 OF THE   13,007       

REVISED CODE WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE          13,010       

REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY    13,011       

TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED  13,012       

BY THE NEW EMPLOYER."                                                           

      (D)  IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH      13,014       

INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER ISSUED IN     13,016       

ACCORDANCE WITH THIS SECTION DOES NOT OBTAIN THE REQUIRED HEALTH   13,017       

INSURANCE COVERAGE WITHIN THIRTY DAYS AFTER THE CHILD SUPPORT      13,018       

ORDER IS ISSUED, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL        13,019       

                                                          319    

                                                                 
NOTIFY THE COURT IN WRITING OF THE FAILURE OF THE OBLIGOR TO       13,020       

COMPLY WITH THE CHILD SUPPORT ORDER.  ON RECEIPT OF THE NOTICE     13,021       

FROM THE AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE EMPLOYER    13,022       

OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE      13,023       

COVERAGE REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION IS         13,024       

NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE     13,025       

REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE      13,026       

GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN    13,027       

WITH COVERAGE FOR THE CHILDREN, TO SUBMIT A COPY OF THE CHILD      13,029       

SUPPORT ORDER TO THE INSURER AT THE TIME THAT THE EMPLOYER MAKES   13,030       

APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR      13,031       

HEALTH CARE POLICY, CONTRACT, OR PLAN, AND, IF THE APPLICATION IS  13,032       

ACCEPTED, TO DEDUCT FROM THE WAGES OR OTHER INCOME OF THE OBLIGOR  13,033       

OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE THE COST   13,034       

OF THE COVERAGE FOR THE CHILDREN.  UPON RECEIPT OF ANY ORDER       13,036       

UNDER THIS DIVISION, THE EMPLOYER SHALL TAKE WHATEVER ACTION IS    13,037       

NECESSARY TO COMPLY WITH THE ORDER.                                             

      (E)(1)  IF AN OBLIGOR OR OBLIGEE IS REQUIRED TO OBTAIN       13,040       

HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER        13,041       

ISSUED IN ACCORDANCE WITH THIS SECTION AND THE OBLIGOR OR OBLIGEE  13,042       

OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN      13,043       

EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD        13,044       

SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE WHETHER THE NEW       13,045       

EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT WOULD COVER THE     13,046       

CHILDREN.  IF THE AGENCY DETERMINES THAT THE NEW EMPLOYER          13,047       

PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD COVER THE CHILDREN,  13,048       

THE AGENCY SHALL SEND A NOTICE DESCRIBED IN DIVISION (E)(2) OF     13,050       

THIS SECTION AND A COPY OF THE CHILD SUPPORT ORDER TO THE NEW      13,051       

EMPLOYER AND SHALL SEND A COPY OF THE NOTICE TO THE OBLIGOR OR     13,052       

OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE UNDER THE     13,053       

CHILD SUPPORT ORDER.  ON RECEIPT OF THE NOTICE, THE NEW EMPLOYER   13,054       

SHALL COMPLY WITH ITS PROVISIONS.                                  13,055       

      (2)  THE NOTICE REQUIRED BY DIVISION (E)(1) SHALL CONTAIN    13,058       

THE FOLLOWING:                                                     13,059       

                                                          320    

                                                                 
      (a)  A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER       13,062       

ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR   13,063       

OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY        13,064       

AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT,  13,065       

OR PLAN WITH COVERAGE FOR THE CHILDREN;                                         

      (b)  A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF    13,068       

THE CHILD SUPPORT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO        13,069       

OBTAIN HEALTH CARE INSURANCE FOR THE CHILDREN TO THE INSURER AT    13,070       

THE TIME THAT THE EMPLOYER MAKES APPLICATION TO ENROLL THE                      

CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT,  13,072       

OR PLAN;                                                                        

      (c)  A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED,     13,075       

THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE      13,076       

OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN THE HEALTH INSURANCE         13,077       

COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN.                13,078       

      (d)  A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE       13,081       

FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE     13,082       

CHILD SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE REQUIRED TO      13,083       

OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS AFTER THE DATE   13,084       

ON WHICH THE NOTICE IS SENT, FILES A WRITTEN REQUEST WITH THE      13,085       

AGENCY REQUESTING MODIFICATION OF THE CHILD SUPPORT ORDER                       

PURSUANT TO SECTION 3113.216 OF THE REVISED CODE.                  13,088       

      (F)  A CHILD SUPPORT order issued under IN ACCORDANCE WITH,  13,091       

OR ANY ORDER ISSUED UNDER DIVISION (D) OF, this section shall be   13,092       

binding upon the obligor and the obligee, their employers, and     13,093       

any insurer that provides health insurance coverage for either of  13,094       

them or their children.  The court shall send a copy of any THE    13,095       

CHILD SUPPORT OR OTHER order issued under this section that        13,097       

contains any requirement or notice described in division (C)(1),   13,098       

(2), (3), (4), (7), (8), or (10) of this section by ordinary mail  13,099       

to the obligor, the obligee, and any employer that is subject to   13,100       

the order.  The court shall send a copy of any order issued under  13,101       

this section that contains any requirement contained in division   13,102       

(C)(9) of this section by ordinary mail to the obligor and         13,103       

                                                          321    

                                                                 
obligee.                                                                        

      (F)  If an obligor does not comply with any order issued     13,105       

under this section that contains any requirement or notice         13,106       

described in division (C)(1), (2), (4), (7), (8), or (10) of this  13,107       

section within thirty days after the order is issued, the child    13,108       

support enforcement agency shall notify the court in writing of    13,109       

the failure of the obligor to comply with the order.  Upon         13,110       

receipt of the notice from the agency, the court shall issue an    13,111       

order to the employer of the obligor requiring the employer to     13,112       

take whatever action is necessary to make application to enroll    13,113       

the obligor in any available group health insurance or health      13,114       

care policy, contract, or plan with coverage for the children who  13,115       

are the subject of the child support order, to submit a copy of    13,116       

the court order issued pursuant to division (C) of this section    13,117       

to the insurer at the time that the employer makes application to  13,118       

enroll the children in the health insurance or health care         13,119       

policy, contract, or plan, and, if the obligor's application is    13,120       

accepted, to deduct from the wages or other income of the obligor  13,121       

the cost of the coverage for the children.  Upon receipt of any    13,122       

order under this division, the employer shall take whatever        13,123       

action is necessary to comply with the order.                      13,124       

      (G)(1)  During the time that any CHILD SUPPORT order issued  13,126       

under IN ACCORDANCE WITH, OR ORDER ISSUED UNDER DIVISION (D) OF,   13,128       

this section is in effect and after the employer has received a    13,129       

copy of the order, the employer of the obligor who is the subject  13,130       

of OR OBLIGEE REQUIRED TO COMPLY WITH the order shall comply with  13,132       

the order and, upon request from the obligee OTHER PARENT or THE   13,133       

agency, shall release to the obligee THAT PARENT and the child     13,134       

support enforcement agency all information about the obligor's     13,135       

health insurance coverage that is necessary to ensure compliance   13,136       

with this section or any THE order issued under this section,      13,138       

including, but not limited to, the name and address of the         13,139       

insurer and any policy, contract, or plan number.  Any             13,140       

information provided by an employer pursuant to this division      13,141       

                                                          322    

                                                                 
shall be used only for the purpose of the enforcement of an THE    13,142       

order issued under this section.                                   13,144       

      (2)  Any employer who receives a copy of an order issued     13,146       

under DESCRIBED IN DIVISION (G)(1) OF this section shall notify    13,148       

the child support enforcement agency of any change in or the       13,149       

termination of the obligor's health insurance coverage that is     13,150       

maintained pursuant to an THE order issued under this section.     13,152       

      (G)(3)  Any insurer that receives a copy of an order issued  13,154       

under DESCRIBED IN DIVISION (G)(1) OF this section shall comply    13,156       

with this section and any order issued under this section,         13,157       

regardless of the residence of the children.  If an insurer        13,158       

provides health insurance coverage for the children who are the    13,159       

subject of a child support order in accordance with an THE CHILD   13,160       

SUPPORT order OR AN ORDER issued under DIVISION (D) OF this        13,161       

section, the insurer shall reimburse the parent, who is            13,162       

designated to receive reimbursement in the CHILD SUPPORT order     13,163       

issued under this section, for covered out-of-pocket medical,      13,165       

optical, hospital, dental, or prescription expenses incurred on    13,166       

behalf of the children subject to the order.                                    

      (H)  If an obligee under a child support order ISSUED IN     13,168       

ACCORDANCE WITH SECTION 2151.23, 2151.231, 2151.232, 2151.33,      13,169       

2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,     13,171       

3113.07, 3113.216, 3113.31, OR 3115.30 is eligible for medical     13,173       

assistance under Chapter 5111. or 5115. of the Revised Code and    13,174       

the obligor has obtained health insurance coverage pursuant to an  13,175       

order issued under division (C) of this section, the obligee       13,176       

shall notify any physician, hospital, or other provider of         13,177       

medical services for which medical assistance is available of the  13,178       

name and address of the obligor's insurer and of the number of     13,179       

the obligor's health insurance or health care policy, contract,    13,180       

or plan.  Any physician, hospital, or other provider of medical    13,181       

services for which medical assistance is available under Chapter   13,182       

5111. or 5115. of the Revised Code who is notified under this      13,183       

division of the existence of a health insurance or health care     13,184       

                                                          323    

                                                                 
policy, contract, or plan with coverage for children who are       13,185       

eligible for medical assistance first shall bill the insurer for   13,186       

any services provided for those children.  If the insurer fails    13,187       

to pay all or any part of a claim filed under this division by     13,188       

the physician, hospital, or other medical services provider and    13,189       

the services for which the claim is filed are covered by Chapter   13,190       

5111. or 5115. of the Revised Code, the physician, hospital, or                 

other medical services provider shall bill the remaining unpaid    13,191       

costs of the services in accordance with Chapter 5111. or 5115.    13,192       

of the Revised Code.                                               13,193       

      (I)  Any obligor who fails to comply with an A CHILD         13,195       

SUPPORT order issued under IN ACCORDANCE WITH, OR AN ORDER ISSUED  13,197       

UNDER DIVISION (D) OF, this section is liable to the obligee for   13,198       

any medical expenses incurred as a result of the failure to        13,200       

comply with the order.  AN OBLIGEE WHO FAILS TO COMPLY WITH A      13,202       

CHILD SUPPORT ORDER ISSUED IN ACCORDANCE WITH, OR AN ORDER ISSUED  13,203       

UNDER DIVISION (D) OF, THIS SECTION IS LIABLE TO THE OBLIGOR FOR   13,205       

ANY MEDICAL EXPENSES INCURRED AS A RESULT OF THE FAILURE TO        13,206       

COMPLY WITH THE ORDER.                                                          

      (J)  Whoever violates an A CHILD SUPPORT order issued under  13,209       

IN ACCORDANCE WITH, OR AN ORDER ISSUED UNDER DIVISION (D) OF,      13,210       

this section may be punished as for contempt under Chapter 2705.   13,211       

of the Revised Code.  If an obligor is found in contempt under     13,212       

that chapter for failing to comply with an A CHILD SUPPORT order   13,213       

issued under IN ACCORDANCE WITH, OR AN ORDER ISSUED UNDER          13,214       

DIVISION (D) OF, this section and if the obligor previously has    13,216       

been found in contempt under that chapter, the court shall         13,217       

consider the obligor's failure to comply with the court's order    13,218       

as a change in circumstances for the purpose of modification of    13,219       

the amount of support due under the child support order that is    13,220       

the basis of the order issued under this section.                  13,221       

      (K)  Nothing in this section shall be construed to require   13,223       

an insurer to accept for enrollment any child who does not meet    13,224       

the underwriting standards of the health insurance or health care  13,225       

                                                          324    

                                                                 
policy, contract, or plan for which application is made.           13,226       

      (L)  Notwithstanding section 3109.01 of the Revised Code,    13,228       

if a court issues an order under this section requiring a parent   13,229       

to obtain health insurance coverage for the children who are the   13,230       

subject of a child support order, the order shall remain in        13,231       

effect beyond the child's eighteenth birthday as long as the       13,232       

child continuously attends on a full-time basis any recognized     13,233       

and accredited high school.  Any parent ordered to obtain health   13,234       

insurance coverage for the children who are the subject of a       13,235       

child support order shall continue to obtain the coverage for the  13,236       

children under the order, including during seasonal vacation       13,237       

periods, until the order terminates AN ORDER ISSUED PURSUANT TO    13,239       

THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT TO      13,241       

PROVIDE FOR THE HEALTH CARE NEEDS OF CHILDREN SUBJECT TO A CHILD   13,242       

SUPPORT ORDER ISSUED PURSUANT TO SECTION 2151.23, 2151.231,        13,243       

2151.232, 2151.33, 2151.36, 2151.49, 3105.21, 3109.05, 3109.19,    13,245       

3111.13, 3113.04, 3113.07, 3113.216, 3113.31, OR 3115.30 OF THE    13,246       

REVISED CODE, SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL BE   13,248       

CONSIDERED A REQUIREMENT INCLUDED AS PART OF THE CHILD SUPPORT     13,249       

ORDER.  THE CHILD SUPPORT ORDER SHALL BE SUBJECT TO THE            13,250       

PROVISIONS OF THIS SECTION ON AND AFTER THE EFFECTIVE DATE OF      13,251       

THIS AMENDMENT.                                                                 

      Sec. 3113.218.  (A)  As used in this section:                13,260       

      (1)  "Child support enforcement agency" has the same         13,262       

meaning as in section 3113.21 of the Revised Code.                 13,263       

      (2)  "Child support order" has the same meaning as in        13,265       

section 3113.215 of the Revised Code.                              13,266       

      (B)  In any action or proceeding in which a child support    13,268       

order is issued or modified on or after July 1, 1990, under        13,269       

Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33,     13,271       

2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,     13,272       

3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the    13,274       

court that issues or modifies the order shall include in the       13,275       

order, in addition to any provision required by any of those       13,276       

                                                          325    

                                                                 
sections or by any other section of the Revised Code, all of the   13,277       

following:                                                                      

      (1)  A requirement that, regardless of the frequency or      13,279       

amount of child support payments to be made under the order, the   13,280       

child support enforcement agency that is required to administer    13,281       

the order shall administer it on a monthly basis, in accordance    13,282       

with this section;                                                 13,283       

      (2)  A specification of the monthly amount due under the     13,285       

child support order for purposes of its monthly administration,    13,286       

as determined under division (D) of this section;                  13,287       

      (3)  A statement that payments under the order are to be     13,289       

made in the manner ordered by the court, and that if the payments  13,290       

are to be made other than on a monthly basis, the required         13,291       

monthly administration by the agency does not affect the           13,292       

frequency or the amount of the child support payments to be made   13,293       

under the order.                                                   13,294       

      (C)  If a child support enforcement agency is required by    13,296       

statute or court order to administer a child support order that    13,297       

was issued or modified on or after July 1, 1990, the agency shall  13,298       

administer the order on a monthly basis, in accordance with the    13,299       

provisions of the order that contain the information described in  13,300       

division (B) of this section.                                      13,301       

      (D)  If a court issues or modifies a child support order on  13,303       

or after July 1, 1990, and if the child support payments due       13,304       

under the order are to be made other than on a monthly basis, the  13,305       

court shall calculate a monthly amount due under the child         13,306       

support order, for purposes of its monthly administration, in the  13,307       

following manner:                                                  13,308       

      (1)  If the child support order is to be paid weekly,        13,310       

multiply the weekly amount of child support due under the order    13,311       

by fifty-two and divide the resulting product by twelve;           13,312       

      (2)  If the child support order is to be paid biweekly,      13,314       

multiply the biweekly amount of child support due under the order  13,315       

by twenty-six and divide the resulting product by twelve;          13,316       

                                                          326    

                                                                 
      (3)  If the child support order is to be paid periodically   13,318       

but is not to be paid weekly, biweekly, or monthly, multiply the   13,319       

periodic amount of child support due by an appropriate number to   13,320       

obtain the annual amount of child support due under the order and  13,321       

divide the annual amount of child support due by twelve.           13,322       

      (E)  If the payments under a child support order are to be   13,324       

made other than on a monthly basis, the required monthly           13,325       

administration of the order by a child support enforcement agency  13,326       

pursuant to this section shall not affect the frequency or the     13,327       

amount of the child support payments to be made under the order.   13,328       

      (F)  The provisions of this section do not apply in          13,330       

relation to a child support order unless the order was issued or   13,331       

modified on or after July 1, 1990.                                 13,332       

      Sec. 3113.219.  (A)  On or after July 1, 1992, when a court  13,341       

issues or modifies a support order under Chapter 3115. or section  13,342       

2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18,   13,343       

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    13,346       

or 3113.31 of the Revised Code or in any proceeding in which a     13,347       

court determines the amount of support to be paid pursuant to a    13,348       

support order, the court shall determine the date the obligor      13,349       

failed to pay the support required under the support order and     13,350       

the amount of support the obligor failed to pay.  If the court     13,351       

determines the obligor has failed at any time to comply with a     13,352       

support order, the court shall issue a new order requiring the     13,353       

obligor to pay support.  If the court determines that the failure  13,354       

to pay was willful, the court shall assess interest on the amount  13,355       

of support the obligor failed to pay from the date the court       13,356       

specifies as the original date the obligor failed to comply with   13,357       

the order requiring the payment of support to the date the court   13,358       

issues the new order requiring the payment of support and shall    13,359       

compute the interest at the rate specified in division (A) of      13,360       

section 1343.03 of the Revised Code.  The court shall specify in   13,361       

the support order the amount of interest the court assessed        13,362       

against the obligor and incorporate the amount of interest into    13,363       

                                                          327    

                                                                 
the new monthly payment plan.                                                   

      (B)  On or after July 1, 1992, when a court issues or        13,365       

modifies a support order under Chapter 3115. or section 2151.23,   13,366       

2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,    13,367       

3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the    13,368       

Revised Code or in any proceeding in which a court determines the  13,369       

amount of support to be paid pursuant to a support order, the      13,370       

court may include in the support order a statement ordering        13,371       

either party to pay the costs of the action, including, but not    13,372       

limited to, attorney's fees, fees for genetic tests in contested   13,373       

actions under sections 3111.01 to 3111.19 of the Revised Code,     13,374       

and court costs.                                                                

      Sec. 3113.31.  (A)  As used in this section:                 13,385       

      (1)  "Domestic violence" means the occurrence of one or      13,387       

more of the following acts against a family or household member:   13,388       

      (a)  Attempting to cause or recklessly causing bodily        13,390       

injury;                                                            13,391       

      (b)  Placing another person by the threat of force in fear   13,393       

of imminent serious physical harm or committing a violation of     13,394       

section 2903.211 or 2911.211 of the Revised Code;                  13,395       

      (c)  Committing any act with respect to a child that would   13,397       

result in the child being an abused child, as defined in section   13,398       

2151.031 of the Revised Code.                                      13,399       

      (2)  "Court" means the domestic relations division of the    13,401       

court of common pleas in counties that have a domestic relations   13,402       

division, and the court of common pleas in counties that do not    13,403       

have a domestic relations division.                                13,404       

      (3)  "Family or household member" means any of the           13,406       

following:                                                         13,407       

      (a)  Any of the following who is residing with or has        13,409       

resided with the respondent:                                       13,410       

      (i)  A spouse, a person living as a spouse, or a former      13,412       

spouse of the respondent;                                          13,413       

      (ii)  A parent or a child of the respondent, or another      13,415       

                                                          328    

                                                                 
person related by consanguinity or affinity to the respondent;     13,416       

      (iii)  A parent or a child of a spouse, person living as a   13,418       

spouse, or former spouse of the respondent, or another person      13,419       

related by consanguinity or affinity to a spouse, person living    13,420       

as a spouse, or former spouse of the respondent.                   13,421       

      (b)  The natural parent of any child of whom the respondent  13,423       

is the other natural parent.                                       13,424       

      (4)  "Person living as a spouse" means a person who is       13,426       

living or has lived with the respondent in a common law marital    13,427       

relationship, who otherwise is cohabiting with the respondent, or  13,429       

who otherwise has cohabited with the respondent within one year                 

prior to the date of the alleged occurrence of the act in          13,430       

question.                                                          13,431       

      (5)  "Victim advocate" means a person who provides support   13,433       

and assistance for a person who files a petition under this        13,434       

section.                                                                        

      (B)  The court has jurisdiction over all proceedings under   13,436       

this section.  The petitioner's right to relief under this         13,437       

section is not affected by the petitioner's leaving the residence  13,438       

or household to avoid further domestic violence.                   13,439       

      (C)  A person may seek relief under this section the person  13,441       

on the person's own behalf, or any parent or adult household       13,442       

member may seek relief under this section on behalf of any other   13,443       

family or household member, by filing a petition with the court.   13,444       

The petition shall contain or state:                               13,445       

      (1)  An allegation that the respondent engaged in domestic   13,447       

violence against a family or household member of the respondent,   13,448       

including a description of the nature and extent of the domestic   13,449       

violence;                                                          13,450       

      (2)  The relationship of the respondent to the petitioner,   13,452       

and to the victim if other than the petitioner;                    13,453       

      (3)  A request for relief under this section.                13,455       

      (D)  If a person who files a petition pursuant to this       13,457       

section requests an ex parte order, the court shall hold an ex     13,458       

                                                          329    

                                                                 
parte hearing on the same day that the petition is filed.  The     13,459       

court may, for good cause shown at the ex parte hearing, enter     13,460       

any temporary orders, with or without bond, including, but not     13,461       

limited to, an order described in division (E)(1)(a), (b), or (c)  13,462       

of this section, that the court finds necessary to protect the     13,463       

family or household member from domestic violence.  Immediate and  13,464       

present danger of domestic violence to the family or household     13,465       

member constitutes good cause for purposes of this section.        13,466       

Immediate and present danger includes, but is not limited to,      13,467       

situations in which the respondent has threatened the family or    13,468       

household member with bodily harm or in which the respondent has   13,469       

previously engaged in domestic violence against the family or      13,470       

household member.                                                  13,471       

      If the court, after an ex parte hearing, issues an order     13,473       

described in division (E)(1)(b) or (c) of this section, the court  13,474       

shall schedule a full hearing that shall be held within seven      13,475       

court days after the ex parte hearing.  If any other type of       13,476       

protection order that is authorized under division (E) of this     13,477       

section is issued by the court after an ex parte hearing, the      13,478       

full hearing shall be held within ten days after the ex parte      13,479       

hearing.  The respondent shall be given notice of, and an          13,480       

opportunity to be heard at, the full hearing.                      13,481       

      If a person who files a petition pursuant to this section    13,483       

does not request an ex parte order, or if a person requests an ex  13,484       

parte order but the court does not issue an ex parte order after   13,485       

an ex parte hearing, the court shall proceed as in a normal civil  13,486       

action and grant a full hearing on the matter.                     13,487       

      (E)(1)  After an ex parte or full hearing, the court may     13,489       

grant any protection order, with or without bond, or approve any   13,490       

consent agreement to bring about a cessation of domestic violence  13,491       

against the family or household members.  The order or agreement   13,492       

may:                                                               13,493       

      (a)  Direct the respondent to refrain from abusing the       13,495       

family or household members;                                       13,496       

                                                          330    

                                                                 
      (b)  Grant possession of the residence or household to the   13,498       

petitioner or other family or household member, to the exclusion   13,499       

of the respondent, by evicting the respondent, when the residence  13,500       

or household is owned or leased solely by the petitioner or other  13,501       

family or household member, or by ordering the respondent to       13,502       

vacate the premises, when the residence or household is jointly    13,503       

owned or leased by the respondent, and the petitioner or other     13,504       

family or household member;                                        13,505       

      (c)  When the respondent has a duty to support the           13,507       

petitioner or other family or household member living in the       13,508       

residence or household and the respondent is the sole owner or     13,509       

lessee of the residence or household, grant possession of the      13,510       

residence or household to the petitioner or other family or        13,511       

household member, to the exclusion of the respondent, by ordering  13,512       

the respondent to vacate the premises, or, in the case of a        13,513       

consent agreement, allow the respondent to provide suitable,       13,514       

alternative housing;                                               13,515       

      (d)  Temporarily allocate parental rights and                13,517       

responsibilities for the care of, or establish temporary           13,519       

visitation rights with regard to, minor children, if no other      13,520       

court has determined, or is determining, the allocation of         13,521       

parental rights and responsibilities for the minor children or     13,522       

visitation rights;                                                 13,523       

      (e)  Require the respondent to maintain support, if the      13,525       

respondent customarily provides for or contributes to the support  13,526       

of the family or household member, or if the respondent has a      13,527       

duty to support the petitioner or family or household member;      13,528       

      (f)  Require the respondent, petitioner, victim of domestic  13,530       

violence, or any combination of those persons, to seek             13,531       

counseling;                                                        13,532       

      (g)  Require the respondent to refrain from entering the     13,534       

residence, school, business, or place of employment of the         13,535       

petitioner or family or household member;                          13,536       

      (h)  Grant other relief that the court considers equitable   13,538       

                                                          331    

                                                                 
and fair, including, but not limited to, ordering the respondent   13,539       

to permit the use of a motor vehicle by the petitioner or other    13,540       

family or household member and the apportionment of household and  13,541       

family personal property.                                          13,542       

      (2)  If a protection order has been issued pursuant to this  13,544       

section in a prior action involving the respondent and the         13,545       

petitioner or one or more of the family or household members, the  13,546       

court may include in a protection order that it issues a           13,547       

prohibition against the respondent returning to the residence or   13,548       

household and a prohibition against the petitioner inviting or     13,549       

admitting the respondent to the residence or household while the   13,550       

order is in effect.                                                13,551       

      (3)(a)  Any protection order or approved consent agreement   13,553       

shall be valid until a date certain, but not later than two years  13,554       

from the date of its issuance or approval.                         13,555       

      (b)  Subject to the limitation on the duration of an order   13,557       

or agreement set forth in division (E)(3)(a) of this section, any  13,558       

order under division (E)(1)(d) of this section shall terminate on  13,559       

the date that a court in an action for divorce, dissolution of     13,561       

marriage, or legal separation brought by the petitioner or                      

respondent issues an order allocating parental rights and          13,562       

responsibilities for the care of children or on the date that a    13,563       

juvenile court in an action brought by the petitioner or           13,564       

respondent issues an order awarding legal custody of minor         13,565       

children.  Subject to the limitation on the duration of an order                

or agreement set forth in division (E)(3)(a) of this section, any  13,566       

order under division (E)(1)(e) of this section shall terminate on  13,567       

the date that a court in an action for divorce, dissolution of     13,568       

marriage, or legal separation brought by the petitioner or         13,569       

respondent issues a support order or on the date that a juvenile   13,570       

court in an action brought by the petitioner or respondent issues               

a support order.                                                   13,571       

      (c)  Any protection order issued or consent agreement        13,574       

approved pursuant to this section may be renewed in the same       13,575       

                                                          332    

                                                                 
manner as the original order or agreement was issued or approved.  13,576       

      (4)  A court may not issue a protection order that requires  13,578       

a petitioner to do or to refrain from doing an act that the court  13,579       

may require a respondent to do or to refrain from doing under      13,580       

division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this        13,581       

section unless all of the following apply:                                      

      (a)  The respondent files a separate petition for a          13,583       

protection order in accordance with this section.                  13,584       

      (b)  The petitioner is served notice of the respondent's     13,586       

petition at least forty-eight hours before the court holds a       13,587       

hearing with respect to the respondent's petition, or the          13,588       

petitioner waives the right to receive this notice.                13,589       

      (c)  If the petitioner has requested an ex parte order       13,591       

pursuant to division (D) of this section, the court does not       13,592       

delay any hearing required by that division beyond the time        13,593       

specified in that division in order to consolidate the hearing     13,594       

with a hearing on the petition filed by the respondent.                         

      (d)  After a full hearing at which the respondent presents   13,596       

evidence in support of the request for a protection order and the  13,597       

petitioner is afforded an opportunity to defend against that       13,598       

evidence, the court determines that the petitioner has committed   13,599       

an act of domestic violence or has violated a temporary            13,600       

protection order issued pursuant to section 2919.26 of the                      

Revised Code, that both the petitioner and the respondent acted    13,601       

primarily as aggressors, and that neither the petitioner nor the   13,602       

respondent acted primarily in self-defense.                        13,603       

      (5)  No order or agreement under this section shall in any   13,605       

manner affect title to any real property.                          13,606       

      (6)(a)  If a petitioner, or the child of a petitioner, who   13,608       

obtains a protection order or consent agreement pursuant to        13,609       

division (E)(1) of this section or a temporary protection order    13,610       

pursuant to section 2919.26 of the Revised Code and is the         13,611       

subject of a visitation or companionship order issued pursuant to  13,612       

section 3109.051, 3109.11, or 3109.12 of the Revised Code or       13,613       

                                                          333    

                                                                 
division (E)(1)(d) of this section granting visitation or          13,614       

companionship rights to the respondent, the court may require the  13,615       

public children services agency of the county in which the court   13,616       

is located to provide supervision of the respondent's exercise of               

visitation or companionship rights with respect to the child for   13,617       

a period not to exceed nine months, if the court makes the         13,618       

following findings of fact:                                        13,619       

      (i)  The child is in danger from the respondent;             13,621       

      (ii)  No other person or agency is available to provide the  13,623       

supervision or other services.                                     13,624       

      (b)  A court that requires an agency to provide supervision  13,626       

or other services pursuant to division (E)(6)(a) of this section   13,628       

shall order the respondent to reimburse the agency for the cost    13,629       

of providing the supervision or other services, if it determines                

that the respondent has sufficient income or resources to pay      13,631       

that cost.                                                                      

      (F)(1)  A copy of any protection order, or consent           13,633       

agreement, that is issued or approved under this section shall be  13,634       

issued by the court to the petitioner, to the respondent, and to   13,635       

all law enforcement agencies that have jurisdiction to enforce     13,636       

the order or agreement.  The court shall direct that a copy of an  13,637       

order be delivered to the respondent on the same day that the      13,638       

order is entered.                                                  13,639       

      (2)  All law enforcement agencies shall establish and        13,641       

maintain an index for the protection orders and the approved       13,642       

consent agreements delivered to the agencies pursuant to division  13,643       

(F)(1) of this section.  With respect to each order and consent    13,644       

agreement delivered, each agency shall note on the index, the      13,645       

date and time that it received the order or consent agreement.     13,646       

      (3)  Regardless of whether the petitioner has registered     13,648       

the order or agreement in the county in which the officer's        13,649       

agency has jurisdiction pursuant to division (N) of this section,  13,650       

any officer of a law enforcement agency shall enforce a            13,652       

protection order issued or consent agreement approved by any                    

                                                          334    

                                                                 
court in this state in accordance with the provisions of the       13,654       

order or agreement, including removing the respondent from the     13,655       

premises, if appropriate.                                                       

      (G)  Any proceeding under this section shall be conducted    13,657       

in accordance with the Rules of Civil Procedure, except that an    13,658       

order under this section may be obtained with or without bond.     13,659       

The remedies and procedures provided in this section are in        13,660       

addition to, and not in lieu of, any other available civil or      13,661       

criminal remedies.                                                 13,662       

      (H)  The filing of proceedings under this section does not   13,664       

excuse a person from filing any report or giving any notice        13,665       

required by section 2151.421 of the Revised Code or by any other   13,666       

law.  When a petition under this section alleges domestic          13,667       

violence against minor children, the court shall report the fact,  13,668       

or cause reports to be made, to a county, township, or municipal   13,669       

peace officer under section 2151.421 of the Revised Code.          13,670       

      (I)  Any law enforcement agency that investigates a          13,672       

domestic dispute shall provide information to the family or        13,673       

household members involved regarding the relief available under    13,674       

this section and section 2919.26 of the Revised Code.              13,675       

      (J)  Notwithstanding any provision of law to the contrary,   13,677       

no court shall charge a fee for the filing of a petition pursuant  13,678       

to this section.                                                   13,679       

      (K)(1)  Each order for support made or modified under this   13,681       

section on or after December 31, 1993, shall include as part of    13,682       

the order a general provision, as described in division (A)(1) of  13,683       

section 3113.21 of the Revised Code, requiring the withholding or  13,684       

deduction of wages INCOME or assets of the obligor under the       13,685       

order as described in division (D) of section 3113.21 of the       13,687       

Revised Code or another type of appropriate requirement as         13,688       

described in division (D)(6)(3), (D)(7)(4), or (H) of that         13,689       

section, to ensure that withholding or deduction from the wages    13,691       

INCOME or assets of the obligor is available from the              13,693       

commencement of the support order for collection of the support    13,694       

                                                          335    

                                                                 
and of any arrearages that occur; a statement requiring all        13,695       

parties to the order to notify the child support enforcement       13,696       

agency in writing of their current mailing address, their current  13,697       

residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT     13,699       

DRIVER'S LICENSE NUMBER, and any changes in either address TO      13,700       

THAT INFORMATION; and a notice that the requirement to notify the  13,701       

agency of all changes in either address TO THAT INFORMATION        13,702       

continues until further notice from the court.  The court shall    13,704       

comply with sections 3113.21 to 3113.219 of the Revised Code when  13,705       

it makes or modifies an order for child support under this         13,706       

section on or after April 12, 1990.                                13,707       

      If any person required to pay child support under an order   13,709       

made under this section on or after April 15, 1985, or modified    13,710       

under this section on or after December 31, 1986, is found in      13,711       

contempt of court for failure to make support payments under the   13,712       

order, the court that makes the finding, in addition to any other  13,713       

penalty or remedy imposed, shall assess all court costs arising    13,714       

out of the contempt proceeding against the person and require the  13,715       

person to pay any reasonable attorney's fees of any adverse        13,716       

party, as determined by the court, that arose in relation to the   13,717       

act of contempt.                                                   13,718       

      (2)  Notwithstanding section 3109.01 of the Revised Code,    13,720       

if a court issues a child support order under this section, the    13,721       

order shall remain in effect beyond the child's eighteenth         13,722       

birthday as long as the child continuously attends on a full-time  13,723       

basis any recognized and accredited high school, THE CHILD HAS A   13,724       

DEVELOPMENTAL DISABILITY AS DEFINED IN SECTION 5123.01 OF THE      13,726       

REVISED CODE, OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF    13,728       

THE CHILD CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY.        13,729       

EXCEPT IN CASES IN WHICH THE CHILD HAS A DEVELOPMENTAL DISABILITY  13,730       

OR THE ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY   13,731       

PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT   13,732       

REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN.  Any        13,733       

parent ordered to pay support under a child support order issued   13,734       

                                                          336    

                                                                 
under this section shall continue to pay support under the order,  13,735       

including during seasonal vacation periods, until the order        13,736       

terminates.                                                        13,737       

      (L)(1)  A person who violates a protection order issued or   13,739       

a consent agreement approved under this section is subject to the  13,740       

following sanctions:                                               13,741       

      (a)  Criminal prosecution for a violation of section         13,743       

2919.27 of the Revised Code, if the violation of the protection    13,744       

order or consent agreement constitutes a violation of that         13,745       

section;                                                           13,746       

      (b)  Punishment for contempt of court.                       13,748       

      (2)  The punishment of a person for contempt of court for    13,750       

violation of a protection order issued or a consent agreement      13,751       

approved under this section does not bar criminal prosecution of   13,752       

the person for a violation of section 2919.27 of the Revised       13,753       

Code.  However, a person punished for contempt of court is         13,754       

entitled to credit for the punishment imposed upon conviction of   13,755       

a violation of that section, and a person convicted of a           13,756       

violation of that section shall not subsequently be punished for   13,757       

contempt of court arising out of the same activity.                13,758       

      (M)  In all stages of a proceeding under this section, a     13,760       

petitioner may be accompanied by a victim advocate.                13,761       

      (N)(1)  A petitioner who obtains a protection order or       13,763       

consent agreement under this section or a temporary protection     13,764       

order under section 2919.26 of the Revised Code may provide        13,765       

notice of the issuance or approval of the order or agreement to    13,766       

the judicial and law enforcement officials in any county other                  

than the county in which the order is issued or the agreement is   13,767       

approved by registering that order or agreement in the other       13,768       

county pursuant to division (N)(2) of this section and filing a    13,769       

copy of the registered order or registered agreement with a law    13,770       

enforcement agency in the other county in accordance with that     13,771       

division.                                                                       

      (2)  A petitioner may register a temporary protection        13,773       

                                                          337    

                                                                 
order, protection order, or consent agreement in a county other    13,774       

than the county in which the court that issued the order or        13,775       

approved the agreement is located in the following manner:         13,776       

      (a)  The petitioner shall obtain a certified copy of the     13,778       

order or agreement from the clerk of the court that issued the     13,779       

order or approved the agreement and present that certified copy    13,780       

to the clerk of the court of common pleas or the clerk of a        13,781       

municipal court or county court in the county in which the order   13,782       

or agreement is to be registered.                                  13,783       

      (b)  Upon accepting the certified copy of the order or       13,785       

agreement for registration, the clerk of the court of common       13,786       

pleas, municipal court, or county court shall place an             13,787       

endorsement of registration on the order or agreement and give     13,788       

the petitioner a copy of the order or agreement that bears that    13,789       

proof of registration.                                             13,790       

      (3)  The clerk of each court of common pleas, the clerk of   13,792       

each municipal court, and the clerk of each county court shall     13,793       

maintain a registry of certified copies of temporary protection    13,794       

orders, protection orders, or consent agreements that have been    13,795       

issued or approved by courts in other counties and that have been  13,796       

registered with the clerk.                                         13,797       

      (4)  If a petitioner who obtains a protection order or       13,799       

consent agreement under this section or a temporary protection     13,800       

order under section 2919.26 of the Revised Code wishes to          13,801       

register the order or agreement in any county other than the       13,802       

county in which the order was issued or the agreement was                       

approved, pursuant to divisions (N)(1) to (3) of this section,     13,803       

and if the petitioner is indigent, both of the following apply:    13,804       

      (a)  If the petitioner submits to the clerk of the court     13,806       

that issued the order or approved the agreement satisfactory       13,807       

proof that the petitioner is indigent, the clerk may waive any     13,808       

fee that otherwise would be required for providing the petitioner  13,809       

with a certified copy of the order or agreement to be used for                  

purposes of divisions (N)(1) to (3) of this section;               13,810       

                                                          338    

                                                                 
      (b)  If the petitioner submits to the clerk of the court of  13,812       

common pleas or the clerk of a municipal court or county court in  13,813       

the county in which the order or agreement is to be registered     13,815       

satisfactory proof that the petitioner is indigent, the clerk may  13,816       

waive any fee that otherwise would be required for accepting for                

registration a certified copy of the order or agreement, for       13,817       

placing an endorsement of registration on the order or agreement,  13,818       

or for giving the petitioner a copy of the order or agreement      13,819       

that bears the proof of registration.                              13,820       

      Sec. 3113.99.  (A)  For purposes of this section:            13,830       

      (1)  "Child support order" means an order for support        13,832       

issued or modified under Chapter 3115. or section 2151.23,         13,833       

2151.231, 2151.232, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,   13,835       

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     13,836       

Code.                                                                           

      (2)  "Obligor" means a person who is required to pay         13,838       

support under a child support order.                               13,839       

      (B)  Whoever violates section 3113.06 of the Revised Code    13,841       

is guilty of a misdemeanor of the first degree.  If the offender   13,842       

previously has been convicted of or pleaded guilty to a violation  13,843       

of section 3113.06 of the Revised Code or if the court finds that  13,844       

the offender has failed to pay the cost of child maintenance       13,845       

under section 3113.06 of the Revised Code for a total accumulated  13,846       

period of twenty-six weeks out of one hundred four consecutive     13,847       

weeks, whether or not the twenty-six weeks were consecutive, a                  

violation of section 3113.06 of the Revised Code is a felony of    13,848       

the fifth degree.                                                  13,849       

      (C)  An obligor who violates division (D)(1)(c) of section   13,852       

3113.21 of the Revised Code shall be fined not more than fifty     13,853       

dollars for a first offense, not more than one hundred dollars     13,854       

for a second offense, and not more than five hundred dollars for   13,855       

each subsequent offense.                                                        

      (D)  An obligor who violates division (G)(2) of section      13,857       

3113.21 of the Revised Code shall be fined not more than fifty     13,858       

                                                          339    

                                                                 
dollars for a first offense, not more than one hundred dollars     13,860       

for a second offense, and not more than five hundred dollars for   13,861       

each subsequent offense.                                                        

      (E)  A fine amount imposed pursuant to division (C) or (D)   13,864       

of this section shall be paid to the DIVISION OF child support                  

enforcement agency administering the obligor's child support       13,866       

order IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO          13,868       

DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED CODE, THE CHILD  13,869       

SUPPORT ENFORCEMENT AGENCY.  The amount of the fine that does not  13,872       

exceed the amount of arrearage under the child support order       13,873       

shall be disbursed in accordance with the child support order.     13,874       

The amount of the fine that exceeds the amount of the arrearage                 

order shall be used by the agency for the administration of its    13,877       

program for child support enforcement CALLED PROGRAM INCOME AND    13,878       

COLLECTED IN ACCORDANCE WITH SECTION 5101.325 OF THE REVISED       13,879       

CODE.                                                                           

      Sec. 3115.01.  AS USED IN SECTIONS 3115.01 TO 3115.59 OF     13,881       

THE REVISED CODE:                                                               

      (A)  "CHILD" MEANS AN INDIVIDUAL UNDER THE AGE OF MAJORITY,  13,883       

WHO IS OR IS ALLEGED TO BE OWED A DUTY OF SUPPORT BY THE           13,884       

INDIVIDUAL'S PARENT OR WHO IS OR IS ALLEGED TO BE THE BENEFICIARY  13,885       

OF A SUPPORT ORDER DIRECTED TO THE PARENT.                         13,886       

      (B)  "CHILD-SUPPORT ORDER" MEANS AN ORDER FOR THE SUPPORT    13,888       

OF A CHILD THAT PROVIDES FOR MONETARY SUPPORT, WHETHER CURRENT OR  13,889       

IN ARREARS, HEALTH CARE, OR REIMBURSEMENTS, AND MAY INCLUDE        13,890       

RELATED COSTS AND FEES, INTEREST, INCOME WITHHOLDING               13,891       

REQUIREMENTS, ATTORNEY FEES, AND OTHER RELIEF.  "CHILD-SUPPORT     13,892       

ORDER" INCLUDES ORDERS UNDER WHICH THE CHILD HAS ATTAINED THE AGE  13,893       

OF MAJORITY UNDER THE LAW OF THE ISSUING STATE AND ARREARAGES ARE               

OWED UNDER THE ORDER.                                              13,894       

      (C)  "DUTY OF SUPPORT" MEANS AN OBLIGATION IMPOSED OR THAT   13,896       

MAY BE IMPOSED UNDER LAW TO PROVIDE SUPPORT FOR A CHILD, SPOUSE,   13,897       

OR FORMER SPOUSE, INCLUDING AN UNSATISFIED OBLIGATION TO PROVIDE   13,898       

SUPPORT.                                                                        

                                                          340    

                                                                 
      (D)  "HOME STATE" MEANS THE STATE IN WHICH A CHILD LIVED     13,900       

WITH A PARENT OR A PERSON ACTING AS A PARENT FOR AT LEAST SIX      13,901       

CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE TIME OF FILING OF A   13,902       

COMPLAINT OR COMPARABLE PLEADING FOR SUPPORT AND, IF A CHILD IS    13,903       

LESS THAN SIX MONTHS OLD, THE STATE IN WHICH THE CHILD LIVED FROM  13,904       

BIRTH WITH ANY OF THEM.  A PERIOD OF TEMPORARY ABSENCE OF ANY OF   13,905       

THEM IS COUNTED AS PART OF THE SIX-MONTH OR OTHER PERIOD.                       

      (E)  "INCOME" INCLUDES EARNINGS OR OTHER PERIODIC            13,907       

ENTITLEMENTS TO MONEY FROM ANY SOURCE AND ANY OTHER PROPERTY       13,908       

SUBJECT TO WITHHOLDING FOR SUPPORT UNDER THE LAW OF THIS STATE.    13,909       

      (F)  "INCOME-WITHHOLDING ORDER" MEANS AN ORDER OR OTHER      13,911       

LEGAL PROCESS DIRECTED TO AN OBLIGOR'S PAYOR, AS DEFINED IN        13,912       

SECTIONS 3111.20 AND 3113.21 OF THE REVISED CODE, TO WITHHOLD      13,913       

SUPPORT FROM THE INCOME OF THE OBLIGOR.                            13,914       

      (G)  "INITIATING STATE" MEANS A STATE FROM WHICH A           13,916       

PROCEEDING IS FORWARDED OR IN WHICH A PROCEEDING IS FILED FOR      13,917       

FORWARDING TO A RESPONDING STATE UNDER SECTIONS 3115.01 TO         13,918       

3115.59 OF THE REVISED CODE OR A LAW OR PROCEDURE SUBSTANTIALLY    13,919       

SIMILAR TO THOSE SECTIONS, THE UNIFORM RECIPROCAL ENFORCEMENT OF                

SUPPORT ACT, OR THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF      13,920       

SUPPORT ACT.                                                                    

      (H)  "INITIATING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN  13,922       

AN INITIATING STATE.                                               13,923       

      (I)  "ISSUING STATE" MEANS THE STATE IN WHICH A TRIBUNAL     13,925       

ISSUES A SUPPORT ORDER OR RENDERS A JUDGMENT DETERMINING           13,926       

PARENTAGE.                                                                      

      (J)  "ISSUING TRIBUNAL" MEANS THE TRIBUNAL THAT ISSUES A     13,928       

SUPPORT ORDER OR RENDERS A JUDGMENT DETERMINING THE EXISTENCE OR   13,929       

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP.                   13,930       

      (K)  "LAW" INCLUDES DECISIONAL AND STATUTORY LAW AND RULES   13,932       

AND REGULATIONS HAVING THE FORCE OF LAW.                           13,933       

      (L)  "OBLIGEE" MEANS ANY OF THE FOLLOWING:                   13,935       

      (1)  AN INDIVIDUAL TO WHOM A DUTY OF SUPPORT IS OR IS        13,937       

ALLEGED TO BE OWED OR IN WHOSE FAVOR A SUPPORT ORDER HAS BEEN      13,938       

                                                          341    

                                                                 
ISSUED OR A JUDGMENT DETERMINING PARENTAGE HAS BEEN RENDERED;      13,939       

      (2)  A STATE OR POLITICAL SUBDIVISION TO WHICH THE RIGHTS    13,941       

UNDER A DUTY OF SUPPORT OR SUPPORT ORDER HAVE BEEN ASSIGNED OR     13,942       

WHICH HAS INDEPENDENT CLAIMS BASED ON FINANCIAL ASSISTANCE         13,943       

PROVIDED TO AN INDIVIDUAL OBLIGEE;                                              

      (3)  AN INDIVIDUAL SEEKING A JUDGMENT DETERMINING PARENTAGE  13,945       

OF THE INDIVIDUAL'S CHILD.                                         13,946       

      (M)  "OBLIGOR" MEANS AN INDIVIDUAL, OR THE ESTATE OF A       13,948       

DECEDENT TO WHICH ANY OF THE FOLLOWING APPLIES:                    13,949       

      (1)  THE INDIVIDUAL OR ESTATE OWES OR IS ALLEGED TO OWE A    13,951       

DUTY OF SUPPORT;                                                                

      (2)  THE INDIVIDUAL IS ALLEGED BUT HAS NOT BEEN ADJUDICATED  13,953       

TO BE A PARENT OF A CHILD;                                         13,954       

      (3)  THE INDIVIDUAL OR ESTATE IS LIABLE UNDER A SUPPORT      13,956       

ORDER.                                                                          

      (N)  "REGISTER" MEANS TO FILE A SUPPORT ORDER OR JUDGMENT    13,958       

DETERMINING THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD    13,959       

RELATIONSHIP IN A REGISTERING TRIBUNAL.                            13,960       

      (O)  "REGISTERING TRIBUNAL" MEANS A TRIBUNAL IN WHICH A      13,962       

SUPPORT ORDER IS REGISTERED.                                       13,963       

      (P)  "RESPONDING STATE" MEANS A STATE IN WHICH A PROCEEDING  13,965       

IS FILED OR TO WHICH A PROCEEDING IS FORWARDED FOR FILING FROM AN  13,966       

INITIATING STATE UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED  13,967       

CODE OR A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR TO THOSE          13,968       

SECTIONS, THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR    13,969       

THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.                      

      (Q)  "RESPONDING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN  13,971       

A RESPONDING STATE.                                                13,972       

      (R)  "REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT      13,974       

ACT" MEANS THE ACT ADDRESSING INTERSTATE ENFORCEMENT OF SUPPORT    13,975       

ORDERS ADOPTED IN 1968 BY THE NATIONAL CONFERENCE OF               13,976       

COMMISSIONERS ON UNIFORM STATE LAWS OR ANY LAW SUBSTANTIALLY       13,977       

SIMILAR TO THE ACT ADOPTED BY ANOTHER STATE.                       13,978       

      (S)  "SPOUSAL-SUPPORT ORDER" MEANS AN ORDER FOR THE SUPPORT  13,980       

                                                          342    

                                                                 
OF A SPOUSE OR FORMER SPOUSE THAT PROVIDES FOR MONETARY SUPPORT,   13,981       

WHETHER CURRENT OR IN ARREARS, HEALTH CARE, OR REIMBURSEMENTS,     13,982       

AND MAY INCLUDE RELATED COSTS AND FEES, INTEREST, INCOME           13,983       

WITHHOLDING REQUIREMENTS, ATTORNEY FEES, AND OTHER RELIEF.         13,984       

      (T)  "STATE" HAS THE SAME MEANING AS IN SECTION 1.59 OF THE  13,986       

REVISED CODE, EXCEPT THAT IT ALSO INCLUDES BOTH OF THE FOLLOWING:  13,987       

      (1)  AN INDIAN TRIBE;                                        13,989       

      (2)  A FOREIGN JURISDICTION THAT HAS ENACTED A LAW OR        13,991       

ESTABLISHED PROCEDURES FOR ISSUANCE AND ENFORCEMENT OF SUPPORT     13,992       

ORDERS THAT ARE SUBSTANTIALLY SIMILAR TO THE PROCEDURES UNDER      13,993       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE UNIFORM       13,994       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM      13,995       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT.                                          

      (U)  "SUPPORT ENFORCEMENT AGENCY" MEANS A PUBLIC OFFICIAL    13,997       

OR AGENCY AUTHORIZED TO DO ANY OF THE FOLLOWING:                   13,998       

      (1)  SEEK ENFORCEMENT OF SUPPORT ORDERS OR LAWS RELATING TO  14,000       

THE DUTY OF SUPPORT;                                               14,001       

      (2)  SEEK ESTABLISHMENT OR MODIFICATION OF CHILD SUPPORT;    14,003       

      (3)  SEEK DETERMINATION OF THE EXISTENCE OR NON-EXISTENCE    14,005       

OF A PARENT AND CHILD RELATIONSHIP;                                14,006       

      (4)  LOCATE OBLIGORS OR THEIR ASSETS.                        14,008       

      (V)  "SUPPORT ORDER" MEANS A SPOUSAL-SUPPORT ORDER OR        14,010       

CHILD-SUPPORT ORDER.                                               14,011       

      (W)  "TRIBUNAL" MEANS ANY TRIAL COURT OF RECORD OF THIS      14,013       

STATE AND WHEN THE CONTEXT REQUIRES, A COURT, ADMINISTRATIVE       14,014       

AGENCY, OR QUASI-JUDICIAL ENTITY OF ANY OTHER STATE AUTHORIZED TO  14,015       

ESTABLISH, ENFORCE, OR MODIFY SUPPORT ORDERS OR TO DETERMINE       14,016       

PARENTAGE.                                                                      

      (X)  "UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT" MEANS   14,018       

THE ACT ADDRESSING INTERSTATE ENFORCEMENT OF SUPPORT ORDERS        14,019       

ADOPTED IN 1950 AND AMENDED IN 1952 AND 1958 BY THE NATIONAL       14,020       

CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS OR ANY LAW       14,022       

SUBSTANTIALLY SIMILAR TO THE ACT ADOPTED BY ANOTHER STATE.                      

      Sec. 3115.02.  REMEDIES PROVIDED BY SECTIONS 3115.01 TO      14,024       

                                                          343    

                                                                 
3115.59 OF THE REVISED CODE ARE IN ADDITION TO, NOT IN             14,025       

SUBSTITUTION FOR, ANY OTHER REMEDIES.                                           

      Sec. 3115.03.  IN A PROCEEDING TO ESTABLISH, ENFORCE, OR     14,027       

MODIFY A SUPPORT ORDER OR TO DETERMINE THE EXISTENCE OR            14,028       

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, A TRIBUNAL OF     14,029       

THIS STATE MAY EXERCISE PERSONAL JURISDICTION OVER A NONRESIDENT   14,030       

INDIVIDUAL IF ANY OF THE FOLLOWING IS THE CASE:                    14,031       

      (A)  THE INDIVIDUAL IS PERSONALLY SERVED WITH SUMMONS        14,034       

WITHIN THIS STATE;                                                              

      (B)  THE INDIVIDUAL SUBMITS TO THE JURISDICTION OF THIS      14,036       

STATE BY CONSENT, BY ENTERING A GENERAL APPEARANCE, OR BY FILING   14,037       

A RESPONSIVE PLEADING OR OTHER DOCUMENT HAVING THE EFFECT OF       14,038       

WAIVING ANY CONTEST TO PERSONAL JURISDICTION;                      14,040       

      (C)  THE INDIVIDUAL RESIDED WITH THE CHILD IN THIS STATE;    14,042       

      (D)  THE INDIVIDUAL RESIDED IN THIS STATE AND PROVIDED       14,044       

PRENATAL EXPENSES OR SUPPORT FOR THE CHILD;                        14,045       

      (E)  THE CHILD RESIDES IN THIS STATE AS A RESULT OF THE      14,047       

ACTS OR DIRECTIVES OF THE INDIVIDUAL;                              14,048       

      (F)  THE INDIVIDUAL ENGAGED IN SEXUAL INTERCOURSE IN THIS    14,050       

STATE AND THE CHILD MAY HAVE BEEN CONCEIVED BY THAT ACT OF         14,051       

INTERCOURSE;                                                       14,052       

      (G)  THE INDIVIDUAL REGISTERED IN THE PUTATIVE FATHER        14,055       

REGISTRY MAINTAINED PURSUANT TO SECTION 3107.062 OF THE REVISED                 

CODE;                                                                           

      (H)  THERE IS ANY OTHER BASIS FOR THE STATE TO EXERCISE      14,059       

PERSONAL JURISDICTION OVER THE INDIVIDUAL.                                      

      Sec. 3115.04.  A TRIBUNAL OF THIS STATE EXERCISING PERSONAL  14,061       

JURISDICTION OVER A NONRESIDENT UNDER SECTION 3115.03 OF THE       14,062       

REVISED CODE MAY APPLY SECTION 3115.27 OF THE REVISED CODE TO      14,063       

OBTAIN EVIDENCE FROM ANOTHER STATE AND SECTION 3115.29 OF THE      14,064       

REVISED CODE TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF ANOTHER     14,065       

STATE.  IN ALL OTHER RESPECTS, SECTIONS 3115.12 TO 3115.52 OF THE  14,066       

REVISED CODE ARE NOT APPLICABLE AND THE TRIBUNAL SHALL APPLY THE   14,067       

PROCEDURAL AND SUBSTANTIVE LAW OF THIS STATE, INCLUDING THE RULES  14,068       

                                                          344    

                                                                 
ON CHOICE OF LAW OTHER THAN THOSE ESTABLISHED BY SECTIONS 3115.01  14,069       

TO 3115.59 OF THE REVISED CODE.                                                 

      Sec. 3115.05.  UNDER SECTIONS 3115.01 TO 3115.59 OF THE      14,071       

REVISED CODE, A TRIBUNAL OF THIS STATE MAY SERVE AS AN INITIATING  14,073       

TRIBUNAL TO FORWARD PROCEEDINGS TO ANOTHER STATE AND AS A          14,074       

RESPONDING TRIBUNAL FOR PROCEEDINGS INITIATED IN ANOTHER STATE.    14,075       

      Sec. 3115.06.  (A)  A TRIBUNAL OF THIS STATE MAY EXERCISE    14,077       

JURISDICTION TO ISSUE A SUPPORT ORDER IF THE COMPLAINT OR          14,079       

COMPARABLE PLEADING IS FILED IN THIS STATE AFTER A COMPLAINT OR    14,080       

COMPARABLE PLEADING REQUESTING THE ISSUANCE OF A SUPPORT ORDER IS  14,081       

FILED IN ANOTHER STATE ONLY IF ALL OF THE FOLLOWING APPLY:         14,082       

      (1)  THE COMPLAINT OR COMPARABLE PLEADING IS FILED IN THIS   14,085       

STATE BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THE OTHER                    

STATE FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE    14,086       

OF JURISDICTION BY THE OTHER STATE;                                14,087       

      (2)  THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF  14,089       

JURISDICTION IN THE OTHER STATE;                                   14,090       

      (3)  WITH RESPECT TO ACTIONS TO ISSUE CHILD-SUPPORT ORDERS,  14,092       

THIS STATE IS THE HOME STATE OF THE CHILD.                         14,093       

      (B)  A TRIBUNAL OF THIS STATE MAY NOT EXERCISE JURISDICTION  14,095       

TO ISSUE A SUPPORT ORDER IF THE COMPLAINT OR COMPARABLE PLEADING   14,097       

IS FILED IN THIS STATE BEFORE A COMPLAINT OR COMPARABLE PLEADING                

REQUESTING THE ISSUANCE OF A SUPPORT ORDER IS FILED IN ANOTHER     14,099       

STATE IF ANY OF THE FOLLOWING IS THE CASE:                                      

      (1)  THE COMPLAINT OR COMPARABLE PLEADING IS FILED IN THE    14,102       

OTHER STATE BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THIS                   

STATE FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE    14,104       

OF JURISDICTION BY THIS STATE.                                     14,105       

      (2)  THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF  14,107       

JURISDICTION IN THIS STATE.                                        14,108       

      (3)  WITH RESPECT TO ACTIONS TO ISSUE CHILD-SUPPORT ORDERS,  14,110       

THE OTHER STATE IS THE HOME STATE OF THE CHILD.                    14,112       

      Sec. 3115.07.  (A)  A TRIBUNAL OF THIS STATE HAS             14,115       

CONTINUING, EXCLUSIVE JURISDICTION OVER A CHILD-SUPPORT ORDER IT   14,117       

                                                          345    

                                                                 
ISSUES AS LONG AS THE OBLIGOR, INDIVIDUAL OBLIGEE, OR CHILD        14,119       

SUBJECT TO THE CHILD-SUPPORT ORDER IS A RESIDENT OF THIS STATE,    14,120       

UNLESS ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED WRITTEN   14,122       

CONSENTS WITH THE TRIBUNAL OF THIS STATE FOR A TRIBUNAL OF         14,123       

ANOTHER STATE TO MODIFY THE ORDER AND ASSUME CONTINUING,                        

EXCLUSIVE JURISDICTION.                                            14,124       

      (B)  A TRIBUNAL OF THIS STATE MAY NOT EXERCISE CONTINUING    14,128       

JURISDICTION TO MODIFY A CHILD-SUPPORT ORDER IT ISSUES IF THE                   

ORDER IS MODIFIED BY A TRIBUNAL OF ANOTHER STATE PURSUANT TO A     14,130       

LAW ADOPTED BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO                 

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.                   14,131       

      (C)  IF A CHILD-SUPPORT ORDER ISSUED BY A TRIBUNAL OF THIS   14,133       

STATE IS MODIFIED BY A TRIBUNAL OF ANOTHER STATE PURSUANT TO A     14,135       

LAW ADOPTED BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO    14,136       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE TRIBUNAL OF                

THIS STATE LOSES ITS CONTINUING, EXCLUSIVE JURISDICTION WITH       14,138       

REGARD TO PROSPECTIVE ENFORCEMENT OF THE ORDER, AND MAY DO ONLY    14,140       

THE FOLLOWING:                                                                  

      (1)  ORDER COLLECTION OF SUPPORT AMOUNTS ACCRUING BEFORE     14,143       

THE MODIFICATION OF THE ORDER;                                                  

      (2)  ENFORCE NONMODIFIABLE ASPECTS OF THAT ORDER;            14,145       

      (3)  PROVIDE OTHER APPROPRIATE RELIEF FOR VIOLATIONS OF THE  14,147       

ORDER THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THE               14,148       

MODIFICATION.                                                      14,149       

      (D)  A TRIBUNAL OF THIS STATE SHALL RECOGNIZE THE            14,151       

CONTINUING, EXCLUSIVE JURISDICTION OF A TRIBUNAL OF ANOTHER STATE  14,152       

THAT HAS ISSUED A CHILD-SUPPORT ORDER PURSUANT TO A LAW ADOPTED    14,154       

BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO SECTIONS                    

3115.01 TO 3115.59 OF THE REVISED CODE.                            14,155       

      (E)  A TEMPORARY SUPPORT ORDER ISSUED EX PARTE OR PENDING    14,157       

RESOLUTION OF A JURISDICTIONAL CONFLICT DOES NOT CREATE            14,158       

CONTINUING, EXCLUSIVE JURISDICTION IN THE ISSUING TRIBUNAL.        14,159       

      (F)  A TRIBUNAL OF THIS STATE HAS CONTINUING, EXCLUSIVE      14,162       

JURISDICTION OVER A SPOUSAL-SUPPORT ORDER IT ISSUES THROUGHOUT     14,163       

                                                          346    

                                                                 
THE EXISTENCE OF THE SUPPORT OBLIGATION.  A TRIBUNAL OF THIS       14,164       

STATE MAY NOT MODIFY A SPOUSAL-SUPPORT ORDER ISSUED BY A TRIBUNAL  14,165       

OF ANOTHER STATE HAVING CONTINUING, EXCLUSIVE JURISDICTION OVER    14,166       

THAT ORDER UNDER THE LAW OF THAT STATE.                            14,167       

      Sec. 3115.08.  (A)  A TRIBUNAL OF THIS STATE MAY SERVE AS    14,169       

AN INITIATING TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO   14,171       

ENFORCE OR MODIFY A SUPPORT ORDER ISSUED IN THAT STATE.            14,172       

      (B)  A TRIBUNAL OF THIS STATE HAVING CONTINUING, EXCLUSIVE   14,174       

JURISDICTION OVER A SUPPORT ORDER MAY ACT AS A RESPONDING          14,175       

TRIBUNAL TO ENFORCE OR MODIFY THE ORDER.  IF A PARTY SUBJECT TO    14,176       

THE CONTINUING, EXCLUSIVE JURISDICTION OF THE TRIBUNAL NO LONGER   14,177       

RESIDES IN THE ISSUING STATE, IN SUBSEQUENT PROCEEDINGS THE        14,178       

TRIBUNAL MAY APPLY SECTION 3115.27 OF THE REVISED CODE TO OBTAIN   14,180       

EVIDENCE FROM ANOTHER STATE AND SECTION 3115.29 OF THE REVISED     14,181       

CODE TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF ANOTHER STATE.      14,182       

      (C)  A TRIBUNAL OF THIS STATE THAT LACKS CONTINUING,         14,184       

EXCLUSIVE JURISDICTION OVER A SPOUSAL-SUPPORT ORDER MAY NOT SERVE  14,186       

AS A RESPONDING TRIBUNAL TO MODIFY A SPOUSAL-SUPPORT ORDER OF      14,187       

ANOTHER STATE.                                                                  

      Sec. 3115.09.  (A)  IF A PROCEEDING IS BROUGHT UNDER         14,189       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, AND ONLY ONE      14,190       

TRIBUNAL HAS ISSUED A CHILD-SUPPORT ORDER, THE ORDER OF THAT       14,191       

TRIBUNAL SHALL BE RECOGNIZED AS CONTROLLING.                       14,192       

      (B)  IF A PROCEEDING IS BROUGHT UNDER SECTIONS 3115.01 TO    14,194       

3115.59 OF THE REVISED CODE, AND TWO OR MORE CHILD-SUPPORT ORDERS  14,196       

HAVE BEEN ISSUED BY TRIBUNALS OF THIS STATE OR ANOTHER STATE WITH  14,197       

REGARD TO THE SAME OBLIGOR AND CHILD, A TRIBUNAL OF THIS STATE     14,198       

SHALL DO THE FOLLOWING:                                                         

      (1)  IF ONLY ONE OF THE TRIBUNALS WOULD HAVE CONTINUING,     14,200       

EXCLUSIVE JURISDICTION, RECOGNIZE THE CHILD-SUPPORT ORDER OF THAT  14,202       

TRIBUNAL AS CONTROLLING.                                                        

      (2)  IF MORE THAN ONE OF THE TRIBUNALS WOULD HAVE            14,204       

CONTINUING, EXCLUSIVE JURISDICTION, RECOGNIZE THE CHILD-SUPPORT    14,205       

ORDER ISSUED BY THE TRIBUNAL IN THE CURRENT HOME STATE OF THE      14,207       

                                                          347    

                                                                 
CHILD AS CONTROLLING, BUT IF A CHILD-SUPPORT ORDER HAS NOT BEEN    14,208       

ISSUED IN THE CURRENT HOME STATE OF THE CHILD, RECOGNIZE THE       14,209       

CHILD-SUPPORT ORDER MOST RECENTLY ISSUED AS CONTROLLING.           14,211       

      (3)  IF NONE OF THE TRIBUNALS WOULD HAVE CONTINUING,         14,213       

EXCLUSIVE JURISDICTION, THE TRIBUNAL OF THIS STATE HAVING          14,214       

JURISDICTION OVER THE PARTIES SHALL ISSUE ITS OWN CHILD-SUPPORT    14,216       

ORDER WHICH SHALL BE CONTROLLING.                                               

      (C)  IF TWO OR MORE CHILD-SUPPORT ORDERS HAVE BEEN ISSUED    14,218       

FOR THE SAME OBLIGOR AND CHILD AND THE OBLIGOR OR THE INDIVIDUAL   14,219       

OBLIGEE RESIDES IN THIS STATE, A PARTY MAY REQUEST A TRIBUNAL OF   14,220       

THIS STATE TO DETERMINE WHICH ORDER TO RECOGNIZE AS CONTROLLING    14,221       

PURSUANT TO DIVISION (B) OF THIS SECTION.  THE REQUEST MUST BE     14,222       

ACCOMPANIED BY A CERTIFIED COPY OF EVERY SUPPORT ORDER IN EFFECT.  14,224       

THE REQUESTING PARTY SHALL GIVE NOTICE OF THE REQUEST TO EACH      14,225       

PARTY WHOSE RIGHTS MAY BE AFFECTED BY THE DETERMINATION.                        

      (D)  THE TRIBUNAL THAT ISSUED THE CONTROLLING CHILD-SUPPORT  14,227       

ORDER UNDER DIVISION (A), (B), OR (C) OF THIS SECTION IS THE       14,229       

TRIBUNAL THAT HAS CONTINUING, EXCLUSIVE JURISDICTION UNDER         14,231       

SECTION 3115.07 OF THE REVISED CODE.                                            

      (E)  A TRIBUNAL OF THIS STATE THAT DETERMINES BY ORDER THE   14,233       

IDENTITY OF THE CONTROLLING CHILD-SUPPORT ORDER UNDER DIVISION     14,234       

(B)(1) OR (2) OF THIS SECTION OR THAT ISSUES A NEW CONTROLLING     14,236       

CHILD-SUPPORT ORDER UNDER DIVISION (B)(3) OF THIS SECTION SHALL    14,238       

STATE IN THE ORDER OR CHILD-SUPPORT ORDER THE BASIS UPON WHICH                  

THE TRIBUNAL MADE ITS DETERMINATION.                               14,240       

      (F)  WITHIN THIRTY DAYS AFTER ISSUANCE OF AN ORDER           14,242       

RECOGNIZING THE CONTROLLING CHILD-SUPPORT ORDER OR A NEW           14,243       

CONTROLLING CHILD-SUPPORT ORDER, THE PARTY OBTAINING THE ORDER     14,245       

SHALL FILE A CERTIFIED COPY OF IT WITH EACH TRIBUNAL THAT ISSUED   14,246       

OR REGISTERED AN EARLIER CHILD-SUPPORT ORDER.  A PARTY WHO         14,247       

OBTAINS THE ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT    14,248       

TO APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF       14,249       

FAILURE TO FILE ARISES.  THE FAILURE TO FILE DOES NOT AFFECT THE   14,250       

VALIDITY OR ENFORCEABILITY OF THE CONTROLLING ORDER.                            

                                                          348    

                                                                 
      Sec. 3115.10.  IN RESPONDING TO MULTIPLE REGISTRATIONS OR    14,252       

COMPLAINTS FOR ENFORCEMENT OF TWO OR MORE CHILD-SUPPORT ORDERS IN  14,253       

EFFECT AT THE SAME TIME WITH REGARD TO THE SAME OBLIGOR AND        14,254       

DIFFERENT INDIVIDUAL OBLIGEES, AT LEAST ONE OF WHICH WAS ISSUED    14,255       

BY A TRIBUNAL OF ANOTHER STATE, A TRIBUNAL OF THIS STATE SHALL     14,256       

ENFORCE THOSE ORDERS IN THE SAME MANNER AS IF THE MULTIPLE ORDERS  14,258       

HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE.                                    

      Sec. 3115.11.  AMOUNTS COLLECTED AND CREDITED FOR A          14,260       

PARTICULAR PERIOD PURSUANT TO A SUPPORT ORDER ISSUED BY A          14,261       

TRIBUNAL OF ANOTHER STATE MUST BE CREDITED AGAINST THE AMOUNTS     14,262       

ACCRUING OR ACCRUED FOR THE SAME PERIOD UNDER A SUPPORT ORDER      14,263       

COVERING THE SAME PARTIES FOR THE SAME DUTY OF SUPPORT ISSUED BY   14,264       

THE TRIBUNAL OF THIS STATE.                                        14,265       

      Sec. 3115.12.  AN INDIVIDUAL OR A SUPPORT ENFORCEMENT        14,267       

AGENCY MAY COMMENCE A PROCEEDING AUTHORIZED UNDER SECTIONS         14,268       

3115.01 TO 3115.59 OF THE REVISED CODE BY FILING A COMPLAINT IN    14,269       

AN INITIATING TRIBUNAL FOR FORWARDING TO A RESPONDING TRIBUNAL OR  14,270       

BY FILING A COMPLAINT OR A COMPARABLE PLEADING DIRECTLY IN A       14,271       

TRIBUNAL OF ANOTHER STATE THAT HAS OR CAN OBTAIN PERSONAL          14,272       

JURISDICTION OVER THE DEFENDANT.                                                

      Sec. 3115.13.  A MINOR PARENT, OR A GUARDIAN OR OTHER LEGAL  14,274       

REPRESENTATIVE OF A MINOR PARENT, MAY MAINTAIN A PROCEEDING ON     14,275       

BEHALF OF OR FOR THE BENEFIT OF THE MINOR'S CHILD.                 14,276       

      Sec. 3115.14.  EXCEPT AS OTHERWISE PROVIDED BY SECTIONS      14,278       

3115.01 TO 3115.59 OF THE REVISED CODE, A RESPONDING TRIBUNAL OF   14,280       

THIS STATE SHALL APPLY THE PROCEDURAL AND SUBSTANTIVE LAW,         14,281       

INCLUDING THE RULES ON CHOICE OF LAW, GENERALLY APPLICABLE TO      14,282       

SIMILAR PROCEEDINGS ORIGINATING IN THIS STATE AND MAY EXERCISE     14,283       

ALL POWERS AND PROVIDE ALL REMEDIES AVAILABLE IN THOSE             14,284       

PROCEEDINGS AND SHALL DETERMINE THE DUTY OF SUPPORT AND THE        14,286       

AMOUNT OF SUPPORT PAYABLE IN ACCORDANCE WITH SECTIONS 3113.21 TO   14,287       

3113.219 AND SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.      14,288       

      Sec. 3115.15.  (A)  ON THE FILING OF A COMPLAINT PURSUANT    14,290       

TO SECTION 3115.12 OF THE REVISED CODE, AN INITIATING TRIBUNAL OF  14,291       

                                                          349    

                                                                 
THIS STATE SHALL FORWARD THREE COPIES OF THE COMPLAINT AND ITS     14,292       

ACCOMPANYING DOCUMENTS TO EITHER OF THE FOLLOWING:                 14,293       

      (1)  THE RESPONDING TRIBUNAL OR APPROPRIATE SUPPORT          14,295       

ENFORCEMENT AGENCY IN THE RESPONDING STATE;                        14,296       

      (2)  THE STATE INFORMATION AGENCY OF THE RESPONDING STATE    14,298       

WITH A REQUEST THAT THEY BE FORWARDED TO THE APPROPRIATE           14,299       

TRIBUNAL, IF THE IDENTITY OF THE RESPONDING TRIBUNAL IS UNKNOWN,   14,300       

AND THAT RECEIPT BE ACKNOWLEDGED.                                  14,301       

      (B)  IF A RESPONDING STATE HAS NOT ENACTED A LAW OR          14,304       

PROCEDURE SUBSTANTIALLY SIMILAR TO SECTIONS 3115.01 TO 3115.59 OF               

THE REVISED CODE, A TRIBUNAL OF THIS STATE MAY ISSUE A             14,306       

CERTIFICATE OR OTHER DOCUMENT AND MAKE FINDINGS REQUIRED BY THE    14,307       

LAW OF THE RESPONDING STATE.  IF THE RESPONDING STATE IS A         14,308       

FOREIGN JURISDICTION, THE TRIBUNAL MAY SPECIFY THE AMOUNT OF       14,309       

SUPPORT SOUGHT AND PROVIDE OTHER DOCUMENTS NECESSARY TO SATISFY    14,310       

THE REQUIREMENTS OF THE RESPONDING STATE.                                       

      Sec. 3115.16.  (A)  WHEN A RESPONDING TRIBUNAL OF THIS       14,312       

STATE RECEIVES A COMPLAINT OR COMPARABLE PLEADING FROM AN          14,314       

INITIATING TRIBUNAL OR DIRECTLY PURSUANT TO SECTION 3115.12 OF     14,315       

THE REVISED CODE, IT SHALL CAUSE THE COMPLAINT OR PLEADING TO BE   14,316       

FILED AND NOTIFY THE PLAINTIFF WHERE AND WHEN IT WAS FILED.        14,317       

      (B)  A RESPONDING TRIBUNAL OF THIS STATE, TO THE EXTENT      14,319       

OTHERWISE AUTHORIZED BY LAW, MAY DO ONE OR MORE OF THE FOLLOWING   14,321       

CONSISTENT WITH APPLICABLE SECTIONS OF CHAPTERS 3105., 3109.,      14,322       

3111., AND 3113. OF THE REVISED CODE:                                           

      (1)  ISSUE OR ENFORCE A SUPPORT ORDER, MODIFY A              14,324       

CHILD-SUPPORT ORDER, OR DETERMINE THE EXISTENCE OR NONEXISTENCE    14,325       

OF A PARENT AND CHILD RELATIONSHIP;                                14,326       

      (2)  ORDER AN OBLIGOR TO COMPLY WITH A SUPPORT ORDER,        14,328       

SPECIFYING THE AMOUNT AND THE MANNER OF COMPLIANCE;                14,329       

      (3)  ORDER INCOME WITHHOLDING;                               14,331       

      (4)  DETERMINE THE AMOUNT OF ANY ARREARAGES, AND SPECIFY A   14,333       

METHOD OF PAYMENT;                                                 14,334       

      (5)  ENFORCE ORDERS BY CIVIL OR CRIMINAL CONTEMPT, OR BOTH;  14,336       

                                                          350    

                                                                 
      (6)  SET ASIDE PROPERTY FOR SATISFACTION OF THE SUPPORT      14,338       

ORDER;                                                             14,339       

      (7)  PLACE LIENS AND ORDER EXECUTION ON THE OBLIGOR'S        14,341       

PROPERTY;                                                          14,342       

      (8)  ORDER AN OBLIGOR TO KEEP THE TRIBUNAL INFORMED OF THE   14,344       

OBLIGOR'S CURRENT RESIDENTIAL ADDRESS, TELEPHONE NUMBER,           14,345       

EMPLOYER, ADDRESS OF EMPLOYMENT, AND TELEPHONE NUMBER AT THE       14,346       

PLACE OF EMPLOYMENT;                                               14,347       

      (9)  ISSUE A BENCH WARRANT FOR AN OBLIGOR WHO HAS FAILED     14,350       

AFTER PROPER NOTICE TO APPEAR AT A HEARING ORDERED BY THE                       

TRIBUNAL AND ENTER THE BENCH WARRANT IN ANY LOCAL AND STATE        14,352       

COMPUTER SYSTEMS FOR CRIMINAL WARRANTS;                                         

      (10)  ORDER THE OBLIGOR TO SEEK APPROPRIATE EMPLOYMENT BY    14,354       

SPECIFIED METHODS;                                                 14,355       

      (11)  AWARD REASONABLE ATTORNEY'S FEES AND OTHER FEES AND    14,357       

COSTS;                                                             14,358       

      (12)  GRANT ANY OTHER AVAILABLE REMEDY.                      14,360       

      (C)  A RESPONDING TRIBUNAL OF THIS STATE SHALL INCLUDE IN A  14,362       

SUPPORT ORDER ISSUED UNDER SECTIONS 3115.01 TO 3115.59 OF THE      14,363       

REVISED CODE, OR IN THE DOCUMENTS ACCOMPANYING THE ORDER, THE      14,365       

CALCULATIONS ON WHICH THE SUPPORT ORDER IS BASED.                  14,366       

      (D)  A RESPONDING TRIBUNAL OF THIS STATE MAY NOT CONDITION   14,368       

THE PAYMENT OF A SUPPORT ORDER ISSUED UNDER SECTIONS 3115.01 TO    14,369       

3115.59 OF THE REVISED CODE UPON COMPLIANCE BY A PARTY WITH        14,371       

PROVISIONS FOR VISITATION.                                                      

      (E)  IF A RESPONDING TRIBUNAL OF THIS STATE ISSUES AN ORDER  14,373       

UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE         14,374       

TRIBUNAL SHALL SEND A COPY OF THE ORDER TO THE PLAINTIFF AND THE   14,376       

DEFENDANT AND TO THE INITIATING TRIBUNAL, IF ANY.                  14,377       

      Sec. 3115.17.  IF A COMPLAINT OR COMPARABLE PLEADING IS      14,379       

RECEIVED BY AN INAPPROPRIATE TRIBUNAL OF THIS STATE, THE TRIBUNAL  14,380       

SHALL FORWARD THE PLEADING AND ACCOMPANYING DOCUMENTS TO AN        14,381       

APPROPRIATE TRIBUNAL IN THIS STATE OR ANOTHER STATE AND NOTIFY     14,382       

THE PLAINTIFF WHERE AND WHEN THE PLEADING WAS SENT.                14,383       

                                                          351    

                                                                 
      Sec. 3115.18.  (A)  A SUPPORT ENFORCEMENT AGENCY OF THIS     14,385       

STATE, UPON REQUEST, SHALL PROVIDE SERVICES TO A PLAINTIFF IN A    14,387       

PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.  14,388       

      (B)  A SUPPORT ENFORCEMENT AGENCY THAT IS PROVIDING          14,390       

SERVICES TO THE PLAINTIFF, AS APPROPRIATE, SHALL DO ALL OF THE     14,391       

FOLLOWING:                                                                      

      (1)  TAKE ALL STEPS NECESSARY TO ENABLE AN APPROPRIATE       14,393       

TRIBUNAL IN THIS STATE OR ANOTHER STATE TO OBTAIN JURISDICTION     14,394       

OVER THE DEFENDANT;                                                14,395       

      (2)  REQUEST AN APPROPRIATE TRIBUNAL TO SET A DATE, TIME,    14,397       

AND PLACE FOR A HEARING;                                           14,398       

      (3)  MAKE A REASONABLE EFFORT TO OBTAIN ALL RELEVANT         14,400       

INFORMATION, INCLUDING INFORMATION AS TO INCOME AND PROPERTY OF    14,401       

THE PARTIES;                                                       14,402       

      (4)  WITHIN TWO DAYS, NOT INCLUDING SATURDAYS, SUNDAYS, AND  14,405       

LEGAL HOLIDAYS, AFTER RECEIPT OF A WRITTEN NOTICE FROM A TRIBUNAL  14,407       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, SEND               

A COPY OF THE NOTICE TO THE PLAINTIFF;                             14,408       

      (5)  WITHIN TWO DAYS, NOT INCLUDING SATURDAYS, SUNDAYS, AND  14,411       

LEGAL HOLIDAYS, AFTER RECEIPT OF A WRITTEN COMMUNICATION FROM THE  14,413       

DEFENDANT OR THE DEFENDANT'S ATTORNEY, SEND A COPY OF THE          14,414       

COMMUNICATION TO THE PLAINTIFF;                                                 

      (6)  NOTIFY THE PLAINTIFF IF JURISDICTION OVER THE           14,416       

DEFENDANT CANNOT BE OBTAINED.                                      14,417       

      (C)  SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE DO NOT  14,419       

CREATE OR NEGATE A RELATIONSHIP OF ATTORNEY AND CLIENT OR OTHER    14,421       

FIDUCIARY RELATIONSHIP BETWEEN A SUPPORT ENFORCEMENT AGENCY OR     14,422       

THE ATTORNEY FOR THE AGENCY AND THE INDIVIDUAL BEING ASSISTED BY   14,423       

THE AGENCY.                                                                     

      Sec. 3115.19.  IF THE ATTORNEY GENERAL DETERMINES THAT THE   14,425       

SUPPORT ENFORCEMENT AGENCY IS NEGLECTING OR REFUSING TO PROVIDE    14,426       

SERVICES TO AN INDIVIDUAL, THE ATTORNEY GENERAL MAY ORDER THE      14,427       

AGENCY TO PERFORM ITS DUTIES PURSUANT TO SECTIONS 3115.01 TO       14,428       

3115.59 OF THE REVISED CODE OR MAY PROVIDE THOSE SERVICES          14,429       

                                                          352    

                                                                 
DIRECTLY TO THE INDIVIDUAL.                                                     

      Sec. 3115.20.  AN INDIVIDUAL MAY EMPLOY PRIVATE COUNSEL TO   14,431       

REPRESENT THE INDIVIDUAL IN PROCEEDINGS AUTHORIZED BY SECTIONS     14,432       

3115.01 TO 3115.59 OF THE REVISED CODE.                                         

      Sec. 3115.21.  (A)  THE STATE DEPARTMENT OF HUMAN SERVICES   14,434       

IS THE STATE INFORMATION AGENCY UNDER SECTIONS 3115.01 TO 3115.59  14,436       

OF THE REVISED CODE.                                                            

      (B)  THE STATE INFORMATION AGENCY SHALL DO ALL OF THE        14,438       

FOLLOWING:                                                                      

      (1)  COMPILE A LIST, INCLUDING ADDRESSES, OF THE TRIBUNALS   14,441       

IN THIS STATE AND EACH SUPPORT ENFORCEMENT AGENCY IN THIS STATE    14,443       

AND TRANSMIT A COPY TO THE STATE INFORMATION AGENCY OF EVERY       14,444       

OTHER STATE THAT HAS ADOPTED AN ACT SUBSTANTIALLY SIMILAR TO       14,445       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE;                                

      (2)  MAINTAIN A REGISTER OF TRIBUNALS AND SUPPORT            14,447       

ENFORCEMENT AGENCIES RECEIVED FROM OTHER STATES;                   14,448       

      (3)  FORWARD TO THE APPROPRIATE TRIBUNAL IN THIS STATE THAT  14,451       

HAS JURISDICTION OVER THE INDIVIDUAL OBLIGEE OR THE OBLIGOR OR     14,452       

THE OBLIGOR'S PROPERTY, ALL DOCUMENTS CONCERNING A PROCEEDING      14,453       

UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE RECEIVED     14,454       

FROM AN INITIATING TRIBUNAL OR THE STATE INFORMATION AGENCY OF     14,455       

THE INITIATING STATE;                                              14,456       

      (4)  OBTAIN INFORMATION CONCERNING THE LOCATION OF THE       14,458       

OBLIGOR AND THE OBLIGOR'S PROPERTY WITHIN THIS STATE NOT EXEMPT    14,459       

FROM EXECUTION, BY SUCH MEANS AS POSTAL VERIFICATION AND FEDERAL   14,460       

OR STATE PARENT LOCATOR SERVICES, EXAMINATION OF TELEPHONE         14,461       

DIRECTORIES, REQUESTS FOR THE OBLIGOR'S ADDRESS FROM EMPLOYERS,    14,462       

AND EXAMINATION OF GOVERNMENTAL RECORDS, INCLUDING, TO THE EXTENT  14,463       

NOT PROHIBITED BY OTHER LAW, THOSE RELATING TO REAL PROPERTY,      14,464       

VITAL STATISTICS, LAW ENFORCEMENT, TAXATION, MOTOR VEHICLES,       14,465       

DRIVERS' LICENSES, AND SOCIAL SECURITY BENEFITS.                   14,466       

      Sec. 3115.22.  (A)  A PLAINTIFF SEEKING ISSUANCE OR          14,468       

MODIFICATION OF A SUPPORT ORDER OR A DETERMINATION OF THE          14,470       

EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP       14,471       

                                                          353    

                                                                 
UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE MUST VERIFY  14,472       

THE COMPLAINT.  UNLESS OTHERWISE ORDERED UNDER SECTION 3115.23 OF  14,473       

THE REVISED CODE, THE COMPLAINT OR ACCOMPANYING DOCUMENTS MUST     14,474       

PROVIDE, SO FAR AS KNOWN, THE NAME, RESIDENTIAL ADDRESS, AND       14,475       

SOCIAL SECURITY NUMBERS OF THE OBLIGOR AND THE OBLIGEE, AND THE    14,476       

NAME, SEX, RESIDENTIAL ADDRESS, SOCIAL SECURITY NUMBER, AND DATE   14,477       

OF BIRTH OF EACH CHILD FOR WHOM SUPPORT IS SOUGHT.  THE COMPLAINT  14,479       

MUST BE ACCOMPANIED BY A CERTIFIED COPY OF ANY SUPPORT ORDER IN    14,480       

EFFECT.  THE COMPLAINT MAY INCLUDE ANY OTHER INFORMATION THAT MAY  14,481       

ASSIST IN LOCATING OR IDENTIFYING THE DEFENDANT.                   14,482       

      (B)  THE COMPLAINT MUST SPECIFY THE RELIEF SOUGHT.  THE      14,484       

COMPLAINT AND ACCOMPANYING DOCUMENTS MUST CONFORM SUBSTANTIALLY    14,485       

WITH THE REQUIREMENTS IMPOSED BY THE FORMS MANDATED BY FEDERAL     14,486       

LAW FOR USE IN CASES FILED BY A SUPPORT ENFORCEMENT AGENCY.        14,487       

      Sec. 3115.23.  A TRIBUNAL SHALL ORDER THAT THE ADDRESS OF A  14,490       

CHILD OR PARTY OR OTHER IDENTIFYING INFORMATION NOT BE DISCLOSED   14,491       

IN A PLEADING OR OTHER DOCUMENT FILED IN A PROCEEDING UNDER        14,492       

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,        14,493       

SAFETY, OR LIBERTY OF A PARTY OR CHILD WOULD BE UNREASONABLY PUT   14,494       

AT RISK BY THE DISCLOSURE OF IDENTIFYING INFORMATION.              14,495       

      Sec. 3115.24.  (A)  THE PLAINTIFF UNDER AN ACTION FILED      14,497       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE MAY    14,498       

NOT BE REQUIRED TO PAY A FILING FEE OR OTHER COSTS.                14,500       

      (B)  IF AN OBLIGEE PREVAILS, A RESPONDING TRIBUNAL MAY       14,502       

ASSESS AGAINST AN OBLIGOR FILING FEES, REASONABLE ATTORNEY'S       14,503       

FEES, OTHER COSTS, AND NECESSARY TRAVEL AND OTHER REASONABLE       14,504       

EXPENSES INCURRED BY THE OBLIGEE AND THE OBLIGEE'S WITNESSES.      14,505       

THE TRIBUNAL MAY NOT ASSESS FEES, COSTS, OR EXPENSES AGAINST THE   14,506       

OBLIGEE OR THE SUPPORT ENFORCEMENT AGENCY OF EITHER THE            14,507       

INITIATING OR THE RESPONDING STATE, EXCEPT AS PROVIDED BY OTHER    14,508       

LAW.  ATTORNEY'S FEES MAY BE TAXED AS COSTS, AND MAY BE ORDERED    14,509       

PAID DIRECTLY TO THE ATTORNEY, WHO MAY ENFORCE THE ORDER IN THE    14,510       

ATTORNEY'S OWN NAME.  PAYMENT OF SUPPORT OWED TO THE OBLIGEE HAS   14,511       

                                                          354    

                                                                 
PRIORITY OVER FEES, COSTS AND EXPENSES.                            14,512       

      (C)  THE TRIBUNAL SHALL ORDER THE PAYMENT OF COSTS AND       14,514       

REASONABLE ATTORNEY'S FEES IF IT DETERMINES THAT A HEARING WAS     14,515       

REQUESTED PRIMARILY FOR DELAY.                                     14,516       

      Sec. 3115.25.  (A)  PARTICIPATION BY A PLAINTIFF IN A        14,518       

PROCEEDING BEFORE A RESPONDING TRIBUNAL PURSUANT TO SECTIONS       14,520       

3115.01 TO 3115.59 OF THE REVISED CODE, WHETHER IN PERSON, BY      14,521       

PRIVATE ATTORNEY, OR THROUGH SERVICES PROVIDED BY THE SUPPORT      14,522       

ENFORCEMENT AGENCY, DOES NOT CONFER PERSONAL JURISDICTION OVER     14,523       

THE PLAINTIFF IN ANOTHER PROCEEDING.                               14,524       

      (B)  A PLAINTIFF IS NOT AMENABLE TO SERVICE OF CIVIL         14,526       

PROCESS WHILE PHYSICALLY PRESENT IN THIS STATE TO PARTICIPATE IN   14,527       

A PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED      14,528       

CODE.                                                                           

      (C)  THE IMMUNITY GRANTED BY THIS SECTION DOES NOT EXTEND    14,530       

TO CIVIL LITIGATION BASED ON ACTS UNRELATED TO A PROCEEDING UNDER  14,531       

SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE COMMITTED BY A     14,532       

PARTY WHILE PRESENT IN THIS STATE TO PARTICIPATE IN THE            14,534       

PROCEEDING.                                                                     

      Sec. 3115.26.  A PARTY WHO HAS BEEN PREVIOUSLY DETERMINED    14,537       

PURSUANT TO LAW TO BE THE PARENT OF A CHILD MAY NOT PLEAD THAT     14,538       

THE PARTY IS NOT THE PARENT OF THE CHILD AS A DEFENSE TO A         14,539       

PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.               

      Sec. 3115.27.  EXCEPT AS PROVIDED IN SECTIONS 3115.04 AND    14,541       

3115.50 OF THE REVISED CODE, IN A PROCEEDING UNDER SECTIONS        14,542       

3115.01 TO 3115.59 OF THE REVISED CODE ALL THE FOLLOWING APPLY:                 

      (A)  THE PHYSICAL PRESENCE OF THE PLAINTIFF IN A RESPONDING  14,545       

TRIBUNAL OF THIS STATE IS NOT REQUIRED FOR THE ISSUANCE,           14,546       

ENFORCEMENT, OR MODIFICATION OF A SUPPORT ORDER OR THE             14,547       

DETERMINATION OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND                  

CHILD RELATIONSHIP.                                                14,548       

      (B)  A VERIFIED COMPLAINT, AFFIDAVIT, DOCUMENT               14,550       

SUBSTANTIALLY COMPLYING WITH FEDERALLY MANDATED FORMS, AND A       14,551       

DOCUMENT INCORPORATED BY REFERENCE IN ANY OF THEM, NOT EXCLUDED    14,552       

                                                          355    

                                                                 
UNDER THE HEARSAY RULE IF GIVEN IN PERSON, IS ADMISSIBLE IN        14,553       

EVIDENCE IF GIVEN UNDER OATH BY A PARTY OR WITNESS RESIDING IN     14,554       

ANOTHER STATE.                                                     14,555       

      (C)  A COPY OF THE RECORD OF CHILD-SUPPORT PAYMENTS          14,557       

CERTIFIED AS A TRUE COPY OF THE ORIGINAL BY THE CUSTODIAN OF THE   14,558       

RECORD MAY BE FORWARDED TO A RESPONDING TRIBUNAL.  THE COPY IS     14,559       

EVIDENCE OF FACTS ASSERTED IN IT, AND IS ADMISSIBLE TO SHOW        14,560       

WHETHER PAYMENTS WERE MADE.                                        14,561       

      (D)  COPIES OF BILLS FOR TESTING FOR PARENTAGE, AND FOR      14,563       

PRENATAL AND POSTNATAL HEALTH CARE OF THE MOTHER AND CHILD,        14,564       

FURNISHED TO THE ADVERSE PARTY AT LEAST TEN DAYS BEFORE TRIAL,     14,565       

ARE ADMISSIBLE IN EVIDENCE TO PROVE THE AMOUNT OF THE CHARGES      14,566       

BILLED AND THAT THE CHARGES WERE REASONABLE, NECESSARY, AND        14,567       

CUSTOMARY.                                                         14,568       

      (E)  DOCUMENTARY EVIDENCE TRANSMITTED FROM ANOTHER STATE TO  14,570       

A TRIBUNAL OF THIS STATE BY TELEPHONE, TELECOPIER, OR OTHER MEANS  14,571       

THAT DO NOT PROVIDE AN ORIGINAL WRITING MAY NOT BE EXCLUDED FROM   14,572       

EVIDENCE ON AN OBJECTION BASED ON THE MEANS OF TRANSMISSION.       14,573       

      (F)  A TRIBUNAL OF THIS STATE MAY PERMIT A PARTY OR WITNESS  14,576       

RESIDING IN ANOTHER STATE TO BE DEPOSED OR TO TESTIFY BY           14,577       

TELEPHONE, AUDIOVISUAL MEANS, OR OTHER ELECTRONIC MEANS AT A       14,578       

DESIGNATED TRIBUNAL OR OTHER LOCATION IN THAT STATE.  A TRIBUNAL   14,579       

OF THIS STATE SHALL COOPERATE WITH TRIBUNALS OF OTHER STATES IN    14,580       

DESIGNATING AN APPROPRIATE LOCATION FOR THE DEPOSITION OR          14,581       

TESTIMONY.                                                                      

      (G)  IF A PARTY CALLED TO TESTIFY AT A CIVIL HEARING         14,583       

REFUSES TO ANSWER A QUESTION, THE TRIER OF FACT MAY DRAW AN        14,584       

ADVERSE INFERENCE FROM THE PERSON'S SILENCE.                       14,585       

      (H)  A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS        14,587       

BETWEEN SPOUSES DOES NOT APPLY.                                    14,588       

      (I)  THE DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF    14,590       

HUSBAND AND WIFE OR PARENT AND CHILD DOES NOT APPLY.               14,591       

      Sec. 3115.28.  A TRIBUNAL OF THIS STATE MAY COMMUNICATE      14,593       

WITH A TRIBUNAL OF ANOTHER STATE IN WRITING, OR BY TELEPHONE OR    14,594       

                                                          356    

                                                                 
OTHER MEANS, TO OBTAIN INFORMATION CONCERNING THE LAWS OF THAT     14,595       

STATE, THE LEGAL EFFECT OF A JUDGMENT, DECREE, OR ORDER OF THAT    14,596       

TRIBUNAL, AND THE STATUS OF A PROCEEDING IN THE OTHER STATE.  A    14,597       

TRIBUNAL OF THIS STATE MAY FURNISH SIMILAR INFORMATION BY SIMILAR  14,598       

MEANS TO A TRIBUNAL OF ANOTHER STATE.                              14,599       

      Sec. 3115.29.  A TRIBUNAL OF THIS STATE MAY REQUEST A        14,602       

TRIBUNAL OF ANOTHER STATE TO ASSIST IN OBTAINING DISCOVERY AND     14,603       

MAY, ON THE REQUEST OF A TRIBUNAL OF ANOTHER STATE, COMPEL A       14,605       

PERSON OVER WHOM IT HAS JURISDICTION TO RESPOND TO A DISCOVERY     14,606       

ORDER ISSUED BY THE REQUESTING TRIBUNAL.                           14,607       

      Sec. 3115.30.  A SUPPORT ENFORCEMENT AGENCY OR TRIBUNAL OF   14,609       

THIS STATE SHALL DISBURSE PROMPTLY ANY AMOUNTS RECEIVED PURSUANT   14,610       

TO A SUPPORT ORDER, AS DIRECTED IN THE ORDER.  THE AGENCY OR       14,611       

TRIBUNAL SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL OF        14,612       

ANOTHER STATE A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE        14,613       

RECORD OF THE AMOUNTS AND DATES OF ALL PAYMENTS RECEIVED.          14,614       

      Sec. 3115.31.  (A)  IF A SUPPORT ORDER ENTITLED TO           14,616       

RECOGNITION UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE  14,618       

HAS NOT BEEN ISSUED, A RESPONDING TRIBUNAL OF THIS STATE MAY       14,620       

ISSUE A SUPPORT ORDER IF EITHER OF THE FOLLOWING APPLY:                         

      (1)  THE INDIVIDUAL SEEKING THE ORDER RESIDES IN ANOTHER     14,622       

STATE;                                                             14,623       

      (2)  THE SUPPORT ENFORCEMENT AGENCY SEEKING THE ORDER IS     14,625       

LOCATED IN ANOTHER STATE.                                          14,626       

      (B)  THE TRIBUNAL MAY ISSUE A TEMPORARY CHILD-SUPPORT ORDER  14,628       

IF ANY OF THE FOLLOWING APPLY:                                     14,629       

      (1)  THE DEFENDANT HAS SIGNED A VERIFIED STATEMENT           14,631       

ACKNOWLEDGING THAT THE DEFENDANT IS THE PARENT OF THE CHILD;       14,632       

      (2)  THE DEFENDANT HAS BEEN DETERMINED BY OR PURSUANT TO     14,634       

LAW TO BE THE PARENT;                                              14,635       

      (3)  THERE IS OTHER CLEAR AND CONVINCING EVIDENCE THAT THE   14,637       

DEFENDANT IS THE CHILD'S PARENT.                                   14,638       

      (C)(1)  IF THE RESPONDING TRIBUNAL FINDS, AFTER GIVING       14,640       

NOTICE AND AN OPPORTUNITY TO BE HEARD TO THE OBLIGOR, THAT THE     14,641       

                                                          357    

                                                                 
OBLIGOR OWES A DUTY OF SUPPORT, IT SHALL ISSUE A SUPPORT ORDER     14,642       

DIRECTED TO THE OBLIGOR AND MAY ISSUE ANY OTHER ORDER UNDER        14,644       

SECTION 3115.16 OF THE REVISED CODE.  SUPPORT ORDERS MADE                       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE SHALL  14,646       

REQUIRE THAT PAYMENTS BE MADE TO THE DIVISION OF CHILD SUPPORT IN  14,647       

THE DEPARTMENT OF HUMAN SERVICES.                                  14,648       

      (2)  THE RESPONDING TRIBUNAL SHALL TRANSMIT TO THE           14,650       

INITIATING TRIBUNAL A COPY OF ALL ORDERS OF SUPPORT OR FOR         14,651       

REIMBURSEMENT OF SUPPORT.                                          14,652       

      (3)  EACH ORDER FOR SUPPORT MADE OR MODIFIED UNDER SECTION   14,654       

3115.16 OF THE REVISED CODE, THIS SECTION, AND UNDER FORMER        14,655       

SECTION 3115.22 OF THE REVISED CODE ON OR AFTER DECEMBER 31,       14,657       

1993, SHALL INCLUDE AS PART OF THE ORDER A GENERAL PROVISION, AS   14,659       

DESCRIBED IN DIVISION (A)(1) OF SECTION 3113.21 OF THE REVISED     14,660       

CODE, REQUIRING THE WITHHOLDING OR DEDUCTION OF INCOME OR ASSETS   14,661       

OF THE OBLIGOR UNDER THE ORDER AS DESCRIBED IN DIVISION (D) OF     14,662       

SECTION 3113.21 OF THE REVISED CODE OR ANOTHER TYPE OF             14,663       

APPROPRIATE REQUIREMENT AS DESCRIBED IN DIVISION (D)(3), (D)(4),   14,664       

OR (H) OF THAT SECTION, TO ENSURE THAT WITHHOLDING OR DEDUCTION    14,666       

FROM THE INCOME OR ASSETS OF THE OBLIGOR IS AVAILABLE FROM THE     14,667       

COMMENCEMENT OF THE SUPPORT ORDER FOR COLLECTION OF THE SUPPORT    14,668       

AND OF ANY ARREARAGES THAT OCCUR; A STATEMENT REQUIRING ALL        14,669       

PARTIES TO THE ORDER TO NOTIFY THE SUPPORT ENFORCEMENT AGENCY IN   14,670       

WRITING OF THEIR CURRENT MAILING ADDRESS, CURRENT RESIDENCE        14,671       

ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S      14,672       

LICENSE NUMBER, AND ANY CHANGES TO THAT INFORMATION; AND A NOTICE  14,673       

THAT THE REQUIREMENT TO NOTIFY THE AGENCY OF ALL CHANGES TO THAT   14,675       

INFORMATION CONTINUES UNTIL FURTHER NOTICE FROM THE TRIBUNAL.      14,676       

ANY TRIBUNAL THAT MAKES OR MODIFIES AN ORDER FOR SUPPORT UNDER     14,678       

THIS SECTION OR FORMER SECTION 3115.22 OF THE REVISED CODE ON OR                

AFTER APRIL 12, 1990, SHALL COMPLY WITH SECTIONS 3113.21 TO        14,680       

3113.219 OF THE REVISED CODE.  IF ANY PERSON REQUIRED TO PAY       14,681       

CHILD SUPPORT UNDER AN ORDER MADE UNDER THIS SECTION OR FORMER     14,682       

SECTION 3115.22 OF THE REVISED CODE ON OR AFTER APRIL 15, 1985,    14,683       

                                                          358    

                                                                 
OR ANY PERSON REQUIRED TO PAY SUPPORT UNDER AN ORDER MADE OR       14,684       

MODIFIED UNDER THIS SECTION OR FORMER SECTION 3115.22 OF THE       14,685       

REVISED CODE ON OR AFTER DECEMBER 31, 1986, IS FOUND IN CONTEMPT   14,686       

OF COURT FOR FAILURE TO MAKE SUPPORT PAYMENTS UNDER THE ORDER,     14,687       

THE TRIBUNAL THAT MAKES THE FINDING, IN ADDITION TO ANY OTHER      14,688       

PENALTY OR REMEDY IMPOSED, SHALL ASSESS ALL COURT COSTS ARISING    14,689       

OUT OF THE CONTEMPT PROCEEDING AGAINST THE PERSON AND REQUIRE THE  14,690       

PERSON TO PAY ANY REASONABLE ATTORNEY'S FEES OF ANY ADVERSE        14,691       

PARTY, AS DETERMINED BY THE TRIBUNAL, THAT AROSE IN RELATION TO    14,692       

THE ACT OF CONTEMPT.                                               14,693       

      Sec. 3115.32.  AN INCOME-WITHHOLDING ORDER ISSUED IN         14,695       

ANOTHER STATE MAY BE SENT TO THE INDIVIDUAL OR ENTITY DEFINED AS   14,696       

THE OBLIGOR'S PAYOR UNDER SECTIONS 3111.20 AND 3113.21 OF THE      14,697       

REVISED CODE WITHOUT FIRST FILING A COMPLAINT OR COMPARABLE        14,698       

PLEADING OR REGISTERING THE ORDER WITH A TRIBUNAL OF THIS STATE.   14,699       

      Sec. 3115.33.  (A)  UPON RECEIPT OF AN INCOME-WITHHOLDING    14,701       

ORDER, THE OBLIGOR'S EMPLOYER SHALL IMMEDIATELY PROVIDE A COPY OF  14,703       

THE ORDER TO THE OBLIGOR.                                          14,704       

      (B)  THE EMPLOYER SHALL TREAT AN INCOME-WITHHOLDING ORDER    14,706       

ISSUED IN ANOTHER STATE WHICH APPEARS REGULAR ON ITS FACE AS IF    14,707       

IT HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE.                    14,708       

      (C)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS    14,710       

SECTION AND SECTION 3115.34 OF THE REVISED CODE, THE EMPLOYER      14,712       

SHALL WITHHOLD AND DISTRIBUTE THE FUNDS AS DIRECTED IN THE         14,713       

WITHHOLDING ORDER BY COMPLYING WITH TERMS OF THE ORDER THAT        14,714       

SPECIFY:                                                                        

      (1)  THE DURATION AND AMOUNT OF PERIODIC PAYMENTS OF         14,716       

SUPPORT, STATED AS A SUM CERTAIN;                                  14,717       

      (2)  THE PERSON OR AGENCY DESIGNATED TO RECEIVE PAYMENTS     14,719       

AND THE ADDRESS TO WHICH THE PAYMENTS ARE TO BE FORWARDED;         14,720       

      (3)  MEDICAL SUPPORT, WHETHER IN THE FORM OF PERIODIC CASH   14,722       

PAYMENT, STATED AS A SUM CERTAIN, OR ORDERING THE OBLIGOR TO       14,723       

PROVIDE HEALTH INSURANCE COVERAGE UNDER A POLICY AVAILABLE         14,725       

THROUGH THE OBLIGOR'S EMPLOYMENT;                                               

                                                          359    

                                                                 
      (4)  THE AMOUNT OF PERIODIC PAYMENTS OF FEES AND COSTS FOR   14,727       

A SUPPORT ENFORCEMENT AGENCY, THE ISSUING TRIBUNAL, AND THE        14,728       

OBLIGEE'S ATTORNEY, STATED AS A SUM CERTAIN;                       14,729       

      (5)  THE AMOUNT OF PERIODIC PAYMENTS OF ARREARAGES AND       14,731       

INTEREST ON ARREARAGES, STATED AS A SUM CERTAIN.                   14,732       

      (D)  AN EMPLOYER SHALL COMPLY WITH THE LAW OF THE STATE OF   14,734       

THE OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT FOR WITHHOLDING FROM   14,735       

INCOME WITH RESPECT TO ALL OF THE FOLLOWING:                       14,736       

      (1)  THE EMPLOYER'S FEE FOR PROCESSING AN                    14,738       

INCOME-WITHHOLDING ORDER;                                          14,739       

      (2)  THE MAXIMUM AMOUNT PERMITTED TO BE WITHHELD FROM THE    14,741       

OBLIGOR'S INCOME;                                                  14,742       

      (3)  THE TIMES WITHIN WHICH THE EMPLOYER MUST IMPLEMENT THE  14,744       

WITHHOLDING ORDER AND FORWARD THE SUPPORT PAYMENT.                 14,745       

      Sec. 3115.34.  IF AN OBLIGOR'S EMPLOYER RECEIVES MULTIPLE    14,747       

INCOME-WITHHOLDING ORDERS WITH RESPECT TO THE EARNINGS OF THE      14,749       

SAME OBLIGOR, THE EMPLOYER SATISFIES THE TERMS OF THE MULTIPLE     14,750       

ORDERS IF THE EMPLOYER COMPLIES WITH THE LAW OF THE STATE OF THE   14,751       

OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT TO ESTABLISH THE           14,752       

PRIORITIES FOR WITHHOLDING AND ALLOCATING INCOME WITHHELD FOR      14,753       

MULTIPLE SUPPORT OBLIGEES.                                         14,754       

      Sec. 3115.35.  AN EMPLOYER WHO COMPLIES WITH AN              14,756       

INCOME-WITHHOLDING ORDER ISSUED IN ANOTHER STATE IN ACCORDANCE     14,757       

WITH SECTIONS 3115.32 TO 3115.37 OF THE REVISED CODE IS NOT        14,758       

SUBJECT TO CIVIL LIABILITY TO AN INDIVIDUAL OR AGENCY WITH REGARD  14,759       

TO THE EMPLOYER'S WITHHOLDING OF SUPPORT FROM THE OBLIGOR'S        14,760       

INCOME PURSUANT TO THE SUPPORT ORDER.                                           

      Sec. 3115.36.  AN EMPLOYER WHO WILLFULLY FAILS TO COMPLY     14,762       

WITH AN INCOME-WITHHOLDING ORDER ISSUED BY ANOTHER STATE AND       14,763       

RECEIVED FOR ENFORCEMENT IS SUBJECT TO THE SAME PENALTIES THAT     14,764       

MAY BE IMPOSED FOR NONCOMPLIANCE WITH AN ORDER ISSUED BY A         14,765       

TRIBUNAL OF THIS STATE.                                            14,766       

      Sec. 3115.37.  (A)  IF A PERSON DESIGNATED AS AN OBLIGOR     14,768       

UNDER AN INCOME-WITHHOLDING ORDER ISSUED IN ANOTHER STATE AND      14,769       

                                                          360    

                                                                 
RECEIVED DIRECTLY BY AN EMPLOYER IN THIS STATE BELIEVES THAT THE   14,770       

PERSON IS NOT SUBJECT TO A SUPPORT ORDER OR DOES NOT HAVE A DUTY   14,771       

OF SUPPORT UNDER ANY ORDER ISSUED BY ANY TRIBUNAL PURSUANT TO      14,772       

WHICH THE INCOME-WITHHOLDING ORDER WAS ISSUED, THE PERSON MAY      14,773       

CONTEST THE VALIDITY OR ENFORCEMENT OF THE INCOME-WITHHOLDING      14,774       

ORDER BY FILING AN ACTION FOR DECLARATORY JUDGMENT PURSUANT TO     14,775       

CHAPTER 2721. OF THE REVISED CODE IN THE COURT OF COMMON PLEAS IN  14,776       

THE COUNTY IN WHICH IS LOCATED THE EMPLOYER'S PRINCIPAL PLACE OF   14,777       

BUSINESS REQUESTING THAT THE COURT DETERMINE WHETHER THE PERSON                 

IS THE OBLIGOR SUBJECT TO A SUPPORT ORDER OR HAS A DUTY OF         14,778       

SUPPORT UNDER A SUPPORT ORDER PURSUANT TO WHICH THE                14,779       

INCOME-WITHHOLDING ORDER WAS ISSUED.                                            

      (B)  THE OBLIGOR SHALL GIVE NOTICE OF THE ACTION INITIATED   14,781       

PURSUANT TO CHAPTER 2721. OF THE REVISED CODE TO ALL OF THE        14,782       

FOLLOWING:                                                                      

      (1)  A SUPPORT ENFORCEMENT AGENCY PROVIDING SERVICES TO THE  14,784       

OBLIGEE;                                                           14,785       

      (2)  EACH EMPLOYER THAT HAS DIRECTLY RECEIVED AN             14,787       

INCOME-WITHHOLDING ORDER;                                          14,788       

      (3)  THE PERSON OR AGENCY DESIGNATED TO RECEIVE PAYMENTS IN  14,790       

THE INCOME-WITHHOLDING ORDER OR, IF NO PERSON OR AGENCY IS         14,791       

DESIGNATED, THE OBLIGEE.                                           14,792       

      (C)  NOTWITHSTANDING SECTIONS 3115.32 TO 3115.36 OF THE      14,794       

REVISED CODE, IF THE COURT ISSUES AN ORDER DETERMINING THAT THE    14,795       

PERSON IS NOT AN OBLIGOR SUBJECT TO A SUPPORT ORDER OR DOES NOT    14,796       

HAVE A DUTY OF SUPPORT UNDER A SUPPORT ORDER PURSUANT TO WHICH     14,797       

THE INCOME-WITHHOLDING ORDER WAS ISSUED, THE EMPLOYER SHALL NOT    14,798       

ENFORCE THE INCOME-WITHHOLDING ORDER AGAINST THE PERSON.                        

      Sec. 3115.38.  A PARTY SEEKING TO ENFORCE A SUPPORT ORDER    14,800       

OR AN INCOME-WITHHOLDING ORDER, OR BOTH, ISSUED BY A TRIBUNAL OF   14,801       

ANOTHER STATE MAY SEND THE DOCUMENTS REQUIRED FOR REGISTERING THE  14,803       

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  14,805       

DOCUMENTS, THE SUPPORT ENFORCEMENT AGENCY, WITHOUT INITIALLY       14,806       

                                                          361    

                                                                 
SEEKING TO REGISTER THE ORDER, SHALL CONSIDER AND, IF              14,807       

APPROPRIATE, USE ANY ADMINISTRATIVE PROCEDURE AUTHORIZED BY THE    14,808       

LAW OF THIS STATE TO ENFORCE A SUPPORT ORDER OR AN                 14,809       

INCOME-WITHHOLDING ORDER, OR BOTH.  IF THE OBLIGOR DOES NOT        14,810       

CONTEST ADMINISTRATIVE ENFORCEMENT, THE ORDER NEED NOT BE                       

REGISTERED.  IF THE OBLIGOR CONTESTS THE VALIDITY OR               14,811       

ADMINISTRATIVE ENFORCEMENT OF THE ORDER, THE SUPPORT ENFORCEMENT   14,812       

AGENCY SHALL REGISTER THE ORDER PURSUANT TO SECTIONS 3115.39 TO    14,813       

3115.51 OF THE REVISED CODE.                                                    

      Sec. 3115.39.  (A)  A SUPPORT ORDER OR INCOME-WITHHOLDING    14,815       

ORDER OF ANOTHER STATE MAY BE REGISTERED IN THIS STATE BY SENDING  14,817       

ALL OF THE FOLLOWING DOCUMENTS AND INFORMATION TO THE APPROPRIATE  14,818       

TRIBUNAL IN THIS STATE:                                            14,819       

      (1)  A LETTER OF TRANSMITTAL TO THE TRIBUNAL REQUESTING      14,821       

REGISTRATION AND ENFORCEMENT;                                      14,822       

      (2)  TWO COPIES, INCLUDING ONE CERTIFIED COPY, OF ALL        14,824       

ORDERS TO BE REGISTERED, INCLUDING ANY MODIFICATION OF AN ORDER;   14,825       

      (3)  A SWORN STATEMENT BY THE PARTY SEEKING REGISTRATION OR  14,827       

A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE RECORDS SHOWING THE  14,828       

AMOUNT OF ANY ARREARAGE;                                           14,829       

      (4)  THE NAME OF THE OBLIGOR AND ALL OF THE FOLLOWING, IF    14,831       

KNOWN:                                                                          

      (a)  THE OBLIGOR'S ADDRESS AND SOCIAL SECURITY NUMBER;       14,833       

      (b)  THE NAME AND ADDRESS OF THE OBLIGOR'S EMPLOYER AND ANY  14,835       

OTHER SOURCE OF INCOME OF THE OBLIGOR;                             14,836       

      (c)  A DESCRIPTION AND THE LOCATION OF PROPERTY OF THE       14,838       

OBLIGOR IN THIS STATE NOT EXEMPT FROM EXECUTION;                   14,839       

      (5)  THE NAME AND ADDRESS OF THE OBLIGEE AND, IF             14,841       

APPLICABLE, THE AGENCY OR PERSON TO WHOM SUPPORT PAYMENTS ARE TO   14,842       

BE REMITTED.                                                       14,843       

      (B)  ON RECEIPT OF A REQUEST FOR REGISTRATION, THE           14,845       

REGISTERING TRIBUNAL SHALL CAUSE THE ORDER TO BE FILED, TOGETHER   14,847       

WITH ONE COPY OF THE DOCUMENTS AND INFORMATION, REGARDLESS OF      14,848       

THEIR FORM.                                                                     

                                                          362    

                                                                 
      (C)  A COMPLAINT OR COMPARABLE PLEADING SEEKING A REMEDY     14,850       

THAT MUST BE AFFIRMATIVELY SOUGHT UNDER OTHER LAW OF THIS STATE    14,851       

MAY BE FILED AT THE SAME TIME AS THE REQUEST FOR REGISTRATION OR   14,852       

AT A LATER TIME.  THE PLEADING MUST SPECIFY THE GROUNDS FOR THE    14,853       

REMEDY SOUGHT.                                                     14,854       

      Sec. 3115.40.  A SUPPORT ORDER OR INCOME-WITHHOLDING ORDER   14,856       

ISSUED IN ANOTHER STATE IS REGISTERED WHEN THE ORDER IS FILED IN   14,857       

THE REGISTERING TRIBUNAL OF THIS STATE PURSUANT TO SECTION         14,858       

3115.39 OF THE REVISED CODE.  A REGISTERED ORDER ISSUED IN         14,859       

ANOTHER STATE THAT IS CONFIRMED PURSUANT TO SECTION 3115.43 OR     14,860       

3115.44 OF THE REVISED CODE IS ENFORCEABLE IN THE SAME MANNER AND  14,861       

IS SUBJECT TO THE SAME PROCEDURES AS AN ORDER ISSUED BY A          14,862       

TRIBUNAL OF THIS STATE.  EXCEPT AS PROVIDED IN SECTIONS 3115.39    14,863       

TO 3115.51 OF THE REVISED CODE, A TRIBUNAL OF THIS STATE SHALL     14,864       

RECOGNIZE AND ENFORCE, BUT MAY NOT MODIFY, A REGISTERED ORDER      14,865       

THAT HAS BEEN CONFIRMED IF THE ISSUING TRIBUNAL HAD JURISDICTION.  14,866       

      Sec. 3115.41.  THE LAW OF THE ISSUING STATE GOVERNS THE      14,868       

NATURE, EXTENT, AMOUNT, AND DURATION OF CURRENT PAYMENTS AND       14,869       

OTHER OBLIGATIONS OF SUPPORT AND THE PAYMENT OF ARREARAGES UNDER   14,870       

THE ORDER.  IN A PROCEEDING FOR ARREARAGES, THE STATUTE OF         14,871       

LIMITATION UNDER THE LAWS OF THIS STATE OR OF THE ISSUING STATE,   14,872       

WHICHEVER IS LONGER, APPLIES.                                      14,873       

      Sec. 3115.42.  (A)  WHEN A SUPPORT ORDER OR                  14,875       

INCOME-WITHHOLDING ORDER ISSUED IN ANOTHER STATE IS REGISTERED,    14,877       

IMMEDIATELY ON REGISTRATION THE REGISTERING TRIBUNAL SHALL SEND    14,879       

NOTICE TO THE NONREGISTERING PARTY OF THE REGISTRATION.  THE                    

NOTICE MUST BE ACCOMPANIED BY A COPY OF THE REGISTERED ORDER AND   14,881       

THE DOCUMENTS AND RELEVANT INFORMATION DESCRIBED IN DIVISION (A)   14,882       

OF SECTION 3115.39 OF THE REVISED CODE.                                         

      (B)  THE NOTICE MUST INFORM THE NONREGISTERING PARTY OF ALL  14,884       

OF THE FOLLOWING:                                                  14,885       

      (1)  THAT A REGISTERED ORDER THAT IS CONFIRMED PURSUANT TO   14,887       

SECTION 3115.43 OR 3115.44 OF THE REVISED CODE IS ENFORCEABLE AS   14,888       

OF THE DATE OF REGISTRATION IN THE SAME MANNER AS AN ORDER ISSUED  14,889       

                                                          363    

                                                                 
BY A TRIBUNAL OF THIS STATE;                                       14,890       

      (2)  THAT A HEARING TO CONTEST THE VALIDITY OR ENFORCEMENT   14,892       

OF THE REGISTERED ORDER MUST BE REQUESTED PURSUANT TO SECTION      14,893       

3115.43 OF THE REVISED CODE NO LATER THAN TWENTY DAYS AFTER THE    14,895       

DATE OF MAILING OR PERSONAL SERVICE OF THE NOTICE;                              

      (3)  THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF  14,897       

THE REGISTERED ORDER IN A TIMELY MANNER WILL RESULT IN             14,898       

CONFIRMATION OF THE ORDER AND ENFORCEMENT OF THE ORDER AND THE     14,899       

ALLEGED ARREARAGES AND PRECLUDES FURTHER CONTEST OF THAT ORDER     14,900       

WITH RESPECT TO ANY MATTER THAT COULD HAVE BEEN ASSERTED;          14,901       

      (4)  THE AMOUNT OF ANY ALLEGED ARREARAGES UNDER THE SUPPORT  14,903       

ORDER.                                                                          

      (C)  ON REGISTRATION OF AN INCOME-WITHHOLDING ORDER FOR      14,905       

ENFORCEMENT, THE REGISTERING TRIBUNAL SHALL ISSUE A WITHHOLDING    14,906       

NOTICE TO THE OBLIGOR'S EMPLOYER PURSUANT TO SECTIONS 3113.21 TO   14,908       

3113.219 OF THE REVISED CODE.                                                   

      Sec. 3115.43.  (A)  A NONREGISTERING PARTY SEEKING TO        14,910       

CONTEST THE VALIDITY OR ENFORCEMENT OF A REGISTERED ORDER IN THIS  14,912       

STATE SHALL REQUEST A HEARING NO LATER THAN TWENTY DAYS AFTER THE  14,913       

DATE OF MAILING OR PERSONAL SERVICE OF THE NOTICE OF THE           14,914       

REGISTRATION BY FILING A MOTION WITH THE REGISTERING TRIBUNAL.     14,915       

THE NONREGISTERING PARTY MAY SEEK TO VACATE THE REGISTRATION, TO   14,916       

ASSERT ANY DEFENSE TO AN ALLEGATION OF NONCOMPLIANCE WITH THE      14,917       

REGISTERED ORDER, OR TO CONTEST THE REMEDIES BEING SOUGHT OR THE   14,918       

AMOUNT OF ANY ALLEGED ARREARAGES PURSUANT TO SECTION 3115.44 OF    14,919       

THE REVISED CODE.                                                               

      (B)  IF THE NONREGISTERING PARTY FAILS TO MAKE THE REQUEST   14,921       

PURSUANT TO DIVISION (A) OF THIS SECTION IN A TIMELY MANNER, THE   14,923       

ORDER IS CONFIRMED BY OPERATION OF LAW.                                         

      (C)  IF A NONREGISTERING PARTY MAKES A REQUEST PURSUANT TO   14,925       

DIVISION (A) OF THIS SECTION IN A TIMELY MANNER, THE REGISTERING   14,928       

TRIBUNAL SHALL SCHEDULE THE MATTER FOR HEARING AND GIVE NOTICE TO  14,929       

THE PARTIES OF THE DATE, TIME, AND PLACE OF THE HEARING.  AT THE   14,930       

HEARING, THE REGISTERING TRIBUNAL SHALL DETERMINE WHETHER THE                   

                                                          364    

                                                                 
REGISTERED ORDER IS TO BE CONFIRMED.                               14,931       

      Sec. 3115.44.  (A)  A PARTY CONTESTING THE VALIDITY OR       14,933       

ENFORCEMENT OF A REGISTERED ORDER OR SEEKING TO VACATE THE         14,935       

REGISTRATION HAS THE BURDEN OF PROVING ONE OR MORE OF THE          14,936       

FOLLOWING DEFENSES:                                                             

      (1)  THE ISSUING TRIBUNAL LACKED PERSONAL JURISDICTION OVER  14,938       

THE CONTESTING PARTY;                                              14,939       

      (2)  THE ORDER WAS OBTAINED BY FRAUD;                        14,941       

      (3)  THE ORDER HAS BEEN VACATED, SUSPENDED, OR MODIFIED BY   14,943       

A LATER ORDER;                                                     14,944       

      (4)  THE ISSUING TRIBUNAL HAS STAYED THE ORDER PENDING       14,946       

APPEAL;                                                            14,947       

      (5)  THERE IS A DEFENSE UNDER THE LAW OF THIS STATE TO THE   14,949       

REMEDY SOUGHT;                                                     14,950       

      (6)  FULL OR PARTIAL PAYMENT HAS BEEN MADE;                  14,952       

      (7)  THE APPLICABLE STATUTE OF LIMITATION UNDER SECTION      14,954       

3115.41 OF THE REVISED CODE PRECLUDES ENFORCEMENT OF SOME OR ALL   14,955       

OF THE ARREARAGES.                                                              

      (B)  IF A PARTY PRESENTS EVIDENCE ESTABLISHING A FULL OR     14,957       

PARTIAL DEFENSE UNDER DIVISION (A) OF THIS SECTION, A TRIBUNAL     14,958       

MAY STAY ENFORCEMENT OF THE REGISTERED ORDER, CONTINUE THE         14,960       

PROCEEDING TO PERMIT PRODUCTION OF ADDITIONAL RELEVANT EVIDENCE,   14,961       

AND ISSUE OTHER APPROPRIATE ORDERS.  AN UNCONTESTED PORTION OF     14,962       

THE REGISTERED ORDER MAY BE ENFORCED BY ALL REMEDIES AVAILABLE     14,963       

UNDER THE LAW OF THIS STATE.                                       14,964       

      (C)  IF THE CONTESTING PARTY DOES NOT ESTABLISH A DEFENSE    14,966       

UNDER DIVISION (A) OF THIS SECTION TO THE VALIDITY OR ENFORCEMENT  14,967       

OF THE ORDER, THE REGISTERING TRIBUNAL SHALL ISSUE AN ORDER        14,969       

CONFIRMING THE ORDER.                                              14,970       

      Sec. 3115.45.  CONFIRMATION OF A REGISTERED ORDER, WHETHER   14,972       

BY OPERATION OF LAW UNDER SECTION 3115.43 OF THE REVISED CODE OR   14,973       

AFTER NOTICE AND HEARING PURSUANT TO SECTION 3115.44 OF THE        14,974       

REVISED CODE, PRECLUDES FURTHER CONTEST OF THE ORDER WITH RESPECT  14,975       

TO ANY MATTER THAT COULD HAVE BEEN ASSERTED AT THE TIME OF         14,976       

                                                          365    

                                                                 
REGISTRATION.                                                                   

      Sec. 3115.46.  A PARTY OR SUPPORT ENFORCEMENT AGENCY         14,978       

SEEKING TO MODIFY, OR TO MODIFY AND ENFORCE, A CHILD-SUPPORT       14,979       

ORDER ISSUED IN ANOTHER STATE SHALL REGISTER THAT ORDER IN THIS    14,980       

STATE PURSUANT TO SECTION 3115.39 OF THE REVISED CODE.  A MOTION   14,981       

FOR MODIFICATION MAY BE FILED AT THE SAME TIME AS A REQUEST FOR    14,983       

REGISTRATION, OR AT A LATER TIME.  THE MOTION MUST SPECIFY THE     14,984       

GROUNDS FOR MODIFICATION.                                                       

      Sec. 3115.47.  A TRIBUNAL OF THIS STATE MAY ENFORCE A        14,986       

CHILD-SUPPORT ORDER OF ANOTHER STATE REGISTERED FOR PURPOSES OF    14,988       

MODIFICATION, IN THE SAME MANNER AS IF THE ORDER HAD BEEN ISSUED   14,989       

BY A TRIBUNAL OF THIS STATE, BUT THE REGISTERED ORDER MAY BE       14,990       

MODIFIED ONLY IF THE REQUIREMENTS OF SECTION 3115.48 OF THE        14,992       

REVISED CODE HAVE BEEN MET.                                                     

      Sec. 3115.48.  (A)  AFTER A CHILD-SUPPORT ORDER ISSUED IN    14,994       

ANOTHER STATE HAS BEEN REGISTERED IN THIS STATE, THE RESPONDING    14,996       

TRIBUNAL OF THIS STATE MAY MODIFY THAT ORDER ONLY IF SECTION       14,997       

3115.50 OF THE REVISED CODE DOES NOT APPLY AND AFTER NOTICE AND    14,998       

HEARING IT FINDS EITHER OF THE FOLLOWING APPLICABLE:                            

      (1)  THE CHILD, THE INDIVIDUAL OBLIGEE, AND THE OBLIGOR      15,000       

SUBJECT TO THE SUPPORT ORDER DO NOT RESIDE IN THE ISSUING STATE,   15,002       

A PETITIONER WHO IS A NONRESIDENT OF THIS STATE SEEKS              15,003       

MODIFICATION, AND THE RESPONDENT IS SUBJECT TO THE PERSONAL        15,005       

JURISDICTION OF THE TRIBUNAL OF THIS STATE.                        15,006       

      (2)  THE CHILD, OR A PARTY WHO IS AN INDIVIDUAL, IS SUBJECT  15,008       

TO THE PERSONAL JURISDICTION OF THE TRIBUNAL OF THIS STATE AND     15,009       

ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED WRITTEN          15,010       

CONSENTS IN THE ISSUING TRIBUNAL FOR A TRIBUNAL OF THIS STATE TO   15,011       

MODIFY THE SUPPORT ORDER AND ASSUME CONTINUING, EXCLUSIVE          15,012       

JURISDICTION OVER THE ORDER.  HOWEVER, IF THE ISSUING STATE IS A   15,013       

FOREIGN JURISDICTION THAT HAS NOT ENACTED A LAW OR ESTABLISHED     15,014       

PROCEDURES SUBSTANTIALLY SIMILAR TO THE PROCEDURES UNDER SECTIONS  15,016       

3115.01 TO 3115.59 OF THE REVISED CODE, THE CONSENT OTHERWISE                   

REQUIRED OF AN INDIVIDUAL RESIDING IN THIS STATE IS NOT REQUIRED   15,018       

                                                          366    

                                                                 
FOR THE TRIBUNAL TO ASSUME JURISDICTION TO MODIFY THE              15,019       

CHILD-SUPPORT ORDER.                                                            

      (B)  MODIFICATION OF A REGISTERED CHILD-SUPPORT ORDER IS     15,022       

SUBJECT TO THE SAME REQUIREMENTS, PROCEDURES, AND DEFENSES THAT    15,023       

APPLY TO THE MODIFICATION OF AN ORDER ISSUED BY A TRIBUNAL OF      15,024       

THIS STATE AND THE ORDER MAY BE ENFORCED AND SATISFIED IN THE      15,025       

SAME MANNER.                                                                    

      (C)  A TRIBUNAL OF THIS STATE MAY NOT MODIFY ANY ASPECT OF   15,027       

A CHILD-SUPPORT ORDER THAT MAY NOT BE MODIFIED UNDER THE LAW OF    15,028       

THE ISSUING STATE.  IF TWO OR MORE TRIBUNALS HAVE ISSUED           15,029       

CHILD-SUPPORT ORDERS FOR THE SAME OBLIGOR AND CHILD, THE ORDER     15,030       

THAT MUST BE RECOGNIZED AS CONTROLLING UNDER SECTION 3115.09 OF    15,032       

THE REVISED CODE ESTABLISHES THE ASPECTS OF THE CHILD-SUPPORT                   

ORDER THAT ARE NONMODIFIABLE.                                      15,033       

      (D)  ON ISSUANCE OF AN ORDER MODIFYING A CHILD-SUPPORT       15,035       

ORDER ISSUED IN ANOTHER STATE, A TRIBUNAL OF THIS STATE BECOMES    15,036       

THE TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION.            15,037       

      Sec. 3115.49.  A TRIBUNAL OF THIS STATE SHALL RECOGNIZE A    15,039       

MODIFICATION OF ITS EARLIER CHILD-SUPPORT ORDER BY A TRIBUNAL OF   15,040       

ANOTHER STATE THAT ASSUMED JURISDICTION PURSUANT TO A LAW ADOPTED  15,041       

BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO SECTIONS       15,042       

3115.01 TO 3115.59 OF THE REVISED CODE AND, UPON REQUEST, EXCEPT   15,043       

AS OTHERWISE PROVIDED IN SECTIONS 3115.01 TO 3115.59 OF THE        15,044       

REVISED CODE, SHALL DO ALL OF THE FOLLOWING:                       15,045       

      (A)  ENFORCE COLLECTION OF SUPPORT AMOUNTS ACCRUING BEFORE   15,048       

THE MODIFICATION OF THE ORDER;                                                  

      (B)  ENFORCE ONLY NONMODIFIABLE ASPECTS OF THAT ORDER;       15,050       

      (C)  PROVIDE OTHER APPROPRIATE RELIEF ONLY FOR VIOLATIONS    15,052       

OF THAT ORDER THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THE       15,053       

MODIFICATION;                                                      15,054       

      (D)  RECOGNIZE THE MODIFYING ORDER OF THE OTHER STATE, UPON  15,056       

REGISTRATION, FOR THE PURPOSE OF ENFORCEMENT.                      15,057       

      Sec. 3115.50.  IF ALL OF THE PARTIES WHO ARE INDIVIDUALS     15,059       

RESIDE IN THIS STATE AND THE CHILD DOES NOT RESIDE IN THE ISSUING  15,061       

                                                          367    

                                                                 
STATE, A TRIBUNAL OF THIS STATE HAS JURISDICTION TO ENFORCE AND    15,062       

TO MODIFY THE ISSUING STATE'S CHILD-SUPPORT ORDER IN A PROCEEDING  15,063       

TO REGISTER THAT ORDER.  SECTIONS 3115.01 TO 3115.11 AND 3115.39   15,065       

TO 3115.51 OF THE REVISED CODE AND THE PROCEDURAL AND SUBSTANTIVE  15,066       

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   15,068       

CODE ARE NOT APPLICABLE, TO A PROCEEDING CONDUCTED BY A TRIBUNAL   15,070       

OF THIS STATE EXERCISING JURISDICTION UNDER THIS SECTION.          15,071       

      Sec. 3115.51.  NO LATER THAN THIRTY DAYS AFTER ISSUANCE OF   15,074       

A MODIFIED CHILD-SUPPORT ORDER, THE PARTY OBTAINING THE            15,075       

MODIFICATION SHALL FILE A CERTIFIED COPY OF THE ORDER WITH THE     15,076       

ISSUING TRIBUNAL THAT HAD CONTINUING, EXCLUSIVE JURISDICTION OVER  15,077       

THE EARLIER ORDER, AND IN EACH TRIBUNAL IN WHICH THE PARTY KNOWS   15,078       

THE EARLIER ORDER HAS BEEN REGISTERED.  A PARTY WHO OBTAINS THE    15,079       

ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT TO             15,080       

APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF FAILURE  15,081       

TO FILE ARISES.  THE FAILURE TO FILE DOES NOT AFFECT THE VALIDITY  15,082       

OR ENFORCEABILITY OF THE MODIFIED ORDER OF THE NEW TRIBUNAL        15,083       

HAVING CONTINUING, EXCLUSIVE JURISDICTION.                         15,084       

      Sec. 3115.52.  (A)  A TRIBUNAL OF THIS STATE MAY SERVE AS    15,086       

AN INITIATING OR RESPONDING TRIBUNAL IN A PROCEEDING BROUGHT       15,088       

UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE OR A LAW OR  15,090       

PROCEDURE SUBSTANTIALLY SIMILAR TO THOSE SECTIONS, THE UNIFORM     15,091       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM      15,092       

RECIPROCAL ENFORCEMENT OF SUPPORT ACT TO DETERMINE THE EXISTENCE   15,093       

OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP WITH RESPECT    15,094       

TO THE PARTIES.                                                                 

      (B)  IN A PROCEEDING PURSUANT TO DIVISION (A) OF THIS        15,096       

SECTION, A RESPONDING TRIBUNAL OF THIS STATE SHALL COMPLY WITH     15,098       

SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE AND THE RULES OF   15,099       

THIS STATE ON CHOICE OF LAW.                                       15,100       

      Sec. 3115.53.  (A)  FOR PURPOSES OF THIS ARTICLE,            15,102       

"GOVERNOR" INCLUDES AN INDIVIDUAL PERFORMING THE FUNCTIONS OF THE  15,104       

EXECUTIVE AUTHORITY OF A STATE.                                    15,105       

                                                          368    

                                                                 
      (B)  THE GOVERNOR OF THIS STATE MAY DO EITHER OF THE         15,107       

FOLLOWING:                                                                      

      (1)  DEMAND THAT THE GOVERNOR OF ANOTHER STATE SURRENDER AN  15,109       

INDIVIDUAL FOUND IN THE OTHER STATE WHO IS CHARGED CRIMINALLY IN   15,110       

THIS STATE WITH HAVING FAILED TO PAY SUPPORT UNDER A SUPPORT       15,111       

ORDER;                                                                          

      (2)  ON THE DEMAND BY THE GOVERNOR OF ANOTHER STATE,         15,113       

SURRENDER AN INDIVIDUAL FOUND IN THIS STATE WHO IS CHARGED         15,114       

CRIMINALLY IN THE OTHER STATE WITH HAVING FAILED TO PAY SUPPORT    15,116       

UNDER A SUPPORT ORDER.                                                          

      (C)  NOTWITHSTANDING SECTION 2963.03 OF THE REVISED CODE,    15,118       

SECTIONS 2963.01 TO 2963.29 AND 107.04 OF THE REVISED CODE APPLY   15,119       

TO THE DEMAND EVEN IF THE INDIVIDUAL WHOSE SURRENDER IS DEMANDED   15,120       

WAS NOT IN THE DEMANDING STATE WHEN THE CRIME WAS ALLEGEDLY        15,121       

COMMITTED AND HAS NOT FLED THEREFROM.                              15,122       

      Sec. 3115.54.  (A)  BEFORE MAKING A DEMAND THAT THE          15,124       

GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL PURSUANT TO      15,127       

DIVISION (B)(1) OF SECTION 3115.53 OF THE REVISED CODE, THE        15,128       

GOVERNOR OF THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE TO                

DEMONSTRATE THAT AT LEAST SIXTY DAYS PREVIOUSLY THE OBLIGEE HAD    15,129       

INITIATED PROCEEDINGS FOR SUPPORT PURSUANT TO SECTIONS 3115.01 TO  15,130       

3115.59 OF THE REVISED CODE OR THAT SUCH PROCEEDINGS WOULD NOT BE  15,131       

EFFECTIVE IN ENFORCING THE SUPPORT ORDER.                          15,132       

      (B)  IF, UNDER A LAW ADOPTED BY ANOTHER STATE THAT IS        15,134       

SUBSTANTIALLY SIMILAR TO SECTIONS 3115.01 TO 3115.59 OF THE        15,136       

REVISED CODE, THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT,   15,137       

OR THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, THE  15,139       

GOVERNOR OF THE OTHER STATE MAKES A DEMAND PURSUANT TO DIVISION    15,140       

(B)(2) OF SECTION 3115.53 OF THE REVISED CODE, THE GOVERNOR OF     15,142       

THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE TO INVESTIGATE                

THE DEMAND AND REPORT WHETHER A PROCEEDING FOR SUPPORT HAS BEEN    15,144       

INITIATED OR WOULD BE EFFECTIVE IN ENFORCING THE SUPPORT ORDER.    15,145       

IF IT APPEARS THAT A PROCEEDING WOULD BE EFFECTIVE BUT HAS NOT     15,147       

BEEN INITIATED, THE GOVERNOR OF THIS STATE MAY DELAY HONORING THE  15,148       

                                                          369    

                                                                 
DEMAND FOR A REASONABLE TIME TO PERMIT THE INITIATION OF A         15,149       

PROCEEDING.                                                                     

      (C)  IF A PROCEEDING FOR SUPPORT HAS BEEN INITIATED AND THE  15,151       

INDIVIDUAL WHOSE SURRENDER IS DEMANDED PREVAILS, THE GOVERNOR OF   15,153       

THIS STATE MAY DECLINE TO HONOR THE DEMAND.  IF THE PETITIONER                  

PREVAILS AND THE INDIVIDUAL WHOSE SURRENDER IS DEMANDED IS         15,154       

SUBJECT TO A SUPPORT ORDER, THE GOVERNOR OF THIS STATE MAY         15,155       

DECLINE TO HONOR THE DEMAND IF THE INDIVIDUAL IS COMPLYING WITH    15,156       

THE SUPPORT ORDER.                                                              

      Sec. 3115.55.  (A)  ANY ACTION OR PROCEEDING BROUGHT         15,158       

PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE IS A   15,160       

CIVIL ACTION AND SHALL BE GOVERNED BY THE RULES OF CIVIL           15,162       

PROCEDURE UNLESS A DIFFERENT PROCEDURE IS SPECIFICALLY PROVIDED                 

BY THOSE SECTIONS.                                                 15,163       

      (B)  AN ACTION UNDER SECTION 3115.31 OF THE REVISED CODE TO  15,166       

ESTABLISH A SUPPORT ORDER, SECTION 3115.37 OF THE REVISED CODE TO  15,167       

CONTEST DIRECT WITHHOLDING OF SUPPORT, SECTIONS 3115.43 AND        15,168       

3115.44 OF THE REVISED CODE TO REGISTER A SUPPORT ORDER, SECTION   15,169       

3115.46 OF THE REVISED CODE TO REGISTER AN ORDER FOR               15,170       

MODIFICATION, OR SECTION 3115.52 OF THE REVISED CODE TO DETERMINE  15,172       

PARENTAGE IS AN ORIGINAL ACTION AND SHALL BE GOVERNED BY THE       15,173       

RULES OF CIVIL PROCEDURE.  ON FILING THE COMPLAINT WITH THE        15,174       

RESPONDING TRIBUNAL, THE CLERK OF COURT SHALL COMPLY WITH THE      15,175       

SERVICE OF PROCESS REQUIREMENTS OF THE RULES OF CIVIL PROCEDURE.   15,176       

      (C)  IN ANY PROCEEDING IN WHICH THE PLAINTIFF SEEKS TO       15,179       

INVOKE THE CONTINUING JURISDICTION OF A RESPONDING TRIBUNAL OF     15,180       

THIS STATE IN ORDER TO MODIFY OR ENFORCE A SUPPORT ORDER, NOTICE   15,181       

OF THE COMPLAINT SHALL BE SERVED IN THE MANNER PROVIDED FOR        15,182       

SERVICE OF PROCESS UNDER THE RULES OF CIVIL PROCEDURE.             15,185       

      (D)  IF THE MANNER OF NOTICE IS NOT SPECIFIED IN THIS        15,188       

SECTION, OR OTHERWISE IN THIS CHAPTER OR THE RULES OF CIVIL        15,191       

PROCEDURE, NOTICE SHALL BE BY FIRST CLASS MAIL.                    15,192       

      Sec. 3115.56.  (A)  IF THIS STATE IS THE RESPONDING STATE,   15,196       

A COMPLAINT SEEKING ENFORCEMENT, COLLECTION, OR MODIFICATION OF    15,197       

                                                          370    

                                                                 
AN EXISTING SUPPORT ORDER ORIGINALLY ISSUED IN THIS STATE SHALL    15,198       

BE FILED WITH THE TRIBUNAL OR CHILD SUPPORT ENFORCEMENT AGENCY     15,199       

THAT ISSUED THE ORIGINAL ORDER.                                                 

      (B)  AN ORIGINAL ACTION UNDER THIS CHAPTER SHALL BE FILED    15,202       

WITH THE APPROPRIATE TRIBUNAL OF THE COUNTY PURSUANT TO SECTIONS   15,203       

2151.23 AND 2301.03 OF THE REVISED CODE IN WHICH THE RESPONDENT    15,205       

RESIDES OR IS FOUND.                                               15,206       

      (C)  IF AN OBLIGOR CONTESTING THE DIRECT WITHHOLDING OF      15,208       

INCOME UNDER SECTION 3115.37 OF THE REVISED CODE IS NOT A          15,211       

RESIDENT OF THIS STATE, THE COMPLAINT SHALL BE FILED WITH THE      15,212       

APPROPRIATE TRIBUNAL LOCATED IN EITHER OF THE FOLLOWING:           15,213       

      (1)  THE COUNTY IN WHICH THE OBLIGOR'S EMPLOYER IS LOCATED,  15,216       

IF THE ORDER ATTACHES TO THE INCOME OF THE OBLIGOR PAID BY THE     15,217       

EMPLOYER;                                                                       

      (2)  THE COUNTY IN WHICH AN ACCOUNT IS LOCATED IN A          15,219       

FINANCIAL INSTITUTION, IF THE INCOME WITHHOLDING ORDER ATTACHES    15,220       

THE FUNDS IN THAT ACCOUNT.                                         15,221       

      IF VENUE CANNOT BE DETERMINED UNDER DIVISION (C)(1) OR (2)   15,224       

OF THIS SECTION, THE NONRESIDENT OBLIGOR SHALL FILE THE COMPLAINT  15,225       

WITH A TRIBUNAL LOCATED IN A COUNTY OF THIS STATE THAT BORDERS     15,226       

THE OBLIGOR'S COUNTY OF RESIDENCE OR IN FRANKLIN COUNTY.           15,228       

      Sec. 3115.57.  AN ACTION COMMENCED UNDER THIS CHAPTER IN     15,231       

EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL BE        15,232       

GOVERNED BY THE LAW IN EFFECT AT THE TIME OF FILING.  THIS         15,233       

CHAPTER SHALL NOT BE CONSTRUED TO VOID OR ALTER ANY ORDER OR       15,234       

JUDGMENT ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.  THE  15,235       

PROVISIONS OF SECTION 3115.41 OF THE REVISED CODE SHALL NOT        15,237       

REVIVE ANY ACTION THAT COULD NOT BE FILED PRIOR TO THE EFFECTIVE   15,238       

DATE OF THIS SECTION UNDER PROVISIONS OF FORMER SECTION 3115.06    15,239       

OF THE REVISED CODE.                                               15,240       

      Sec. 3115.58.  SECTIONS 3115.01 TO 3115.59 OF THE REVISED    15,242       

CODE SHALL BE APPLIED AND CONSTRUED TO EFFECTUATE ITS GENERAL      15,244       

PURPOSE TO MAKE UNIFORM THE LAW OF THOSE STATES THAT ENACT A       15,245       

UNIFORM INTERSTATE FAMILY SUPPORT ACT.                                          

                                                          371    

                                                                 
      Sec. 3115.59.  IF ANY PROVISION OF SECTIONS 3115.01 TO       15,247       

3115.59 OF THE REVISED CODE OR ITS APPLICATION TO ANY PERSON OR    15,249       

CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT       15,250       

OTHER PROVISIONS OR APPLICATIONS OF THOSE SECTIONS WHICH CAN BE    15,251       

GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO  15,252       

THIS END THE PROVISIONS OF THOSE SECTIONS ARE SEVERABLE.                        

      Sec. 3705.07.  (A)  The local registrar of vital statistics  15,261       

shall number consecutively the birth, fetal death, and death       15,262       

certificates in three separate series, beginning with "number      15,263       

one" for the first birth, the first fetal death, and the first     15,264       

death registered in each calendar year.  Such local registrar      15,265       

shall sign his THE LOCAL REGISTRAR'S name in attest to the date    15,266       

of filing in the local office.  The local registrar shall make a   15,268       

complete and accurate copy of each birth, fetal death, and death   15,269       

certificate registered.  Each copy shall be filed and permanently  15,270       

preserved as the local record of such birth, fetal death, or       15,271       

death except as provided in sections 3705.09 and 3705.12 of the    15,272       

Revised Code. The local record may be a typewritten,               15,273       

photographic, electronic, or other reproduction.  On or before     15,274       

the tenth day of each month, the local registrar shall transmit    15,275       

to the state office of vital statistics all original birth, fetal  15,276       

death, death, and military service certificates received, and all  15,277       

social security numbers obtained under section 3705.09 or,         15,278       

3705.10, OR 3705.16 of the Revised Code, during the preceding      15,280       

month.  The local registrar shall immediately notify the health    15,281       

commissioner with jurisdiction in the registration district of     15,282       

the receipt of a death certificate attesting that death resulted   15,283       

from a communicable disease.                                                    

      The office of vital statistics shall carefully examine the   15,285       

records and certificates received from local registrars of vital   15,286       

statistics and shall secure any further information that may be    15,287       

necessary to make each record and certificate complete and         15,288       

satisfactory.  It shall arrange and preserve the records and       15,289       

certificates, or reproductions of them produced pursuant to        15,290       

                                                          372    

                                                                 
section 3705.03 of the Revised Code, in a systematic manner and    15,291       

shall maintain a permanent index of all births, fetal deaths, and  15,292       

deaths registered, which shall show the name of the child or       15,293       

deceased person, place and date of birth or death, number of the   15,294       

record or certificate, and the volume in which it is contained.    15,295       

      (B)(1)  The office of vital statistics shall make available  15,297       

to the bureau of child support in the department of human          15,298       

services all social security numbers that were furnished to a      15,299       

local registrar of vital statistics under division (I) of section  15,300       

3705.09 or under section 3705.10 OR 3705.16 of the Revised Code    15,302       

and that were transmitted to the office under division (A) of                   

this section.                                                      15,303       

      (2)  The office of vital statistics also shall make          15,305       

available to the bureau of child support in the department of      15,306       

human services any other information recorded in the birth record  15,307       

that may enable the bureau to use the social security numbers      15,308       

provided under division (B)(1) of this section to obtain the       15,309       

location of the father of the child whose birth certificate was    15,310       

accompanied by the social security number or to otherwise enforce  15,311       

a child support order pertaining to that child or any other        15,312       

child.                                                             15,313       

      Sec. 3705.09.  (A)  A birth certificate for each live birth  15,322       

in this state shall be filed in the registration district in       15,323       

which it occurs within ten days after such birth and shall be      15,324       

registered if it has been completed and filed in accordance with   15,325       

this section.                                                      15,326       

      (B)  When a birth occurs in or en route to an institution,   15,328       

the person in charge of the institution or his A designated        15,329       

representative shall obtain the personal data, prepare the         15,330       

certificate, secure the signatures required, and file the          15,331       

certificate within ten days with the local registrar of vital      15,332       

statistics.  The physician in attendance shall provide the         15,333       

medical information required by the certificate and certify to     15,334       

the facts of birth within seventy-two hours after the birth.       15,335       

                                                          373    

                                                                 
      (C)  When a birth occurs outside an institution, the birth   15,337       

certificate shall be prepared and filed by one of the following    15,338       

in the indicated order of priority:                                15,339       

      (1)  The physician in attendance at or immediately after     15,341       

the birth;                                                         15,342       

      (2)  Any other person in attendance at or immediately after  15,344       

the birth;                                                         15,345       

      (3)  The father;                                             15,347       

      (4)  The mother;                                             15,349       

      (5)  The person in charge of the premises where the birth    15,351       

occurred.                                                          15,352       

      (D)  Either of the parents of the child or other informant   15,354       

shall attest to the accuracy of the personal data entered on the   15,355       

birth certificate in time to permit the filing of the certificate  15,356       

within the ten days prescribed in this section.                    15,357       

      (E)  When a birth occurs in a moving conveyance within the   15,359       

United States and the child is first removed from the conveyance   15,360       

in this state, the birth shall be registered in this state and     15,361       

the place where it is first removed shall be considered the place  15,362       

of birth.  When a birth occurs on a moving conveyance while in     15,363       

international waters or air space or in a foreign country or its   15,364       

air space and the child is first removed from the conveyance in    15,365       

this state, the birth shall be registered in this state but the    15,366       

record shall show the actual place of birth insofar as can be      15,367       

determined.                                                        15,368       

      (F)(1)  If the mother of a child was married at the time of  15,370       

either conception or birth or between conception and birth, the    15,371       

child shall be registered in the surname designated by the         15,372       

mother, and the name of the husband shall be entered on the        15,373       

certificate as the father of the child.  The presumption of        15,374       

paternity shall be in accordance with section 3111.03 of the       15,375       

Revised Code.                                                      15,376       

      (2)  If the mother was not married at the time of            15,378       

conception or birth or between conception and birth, the child     15,379       

                                                          374    

                                                                 
shall be registered by the surname of DESIGNATED BY the mother.    15,380       

The name of the father of such child shall also be inserted on     15,381       

the birth certificate if both the mother and the father sign the   15,382       

birth certificate as informants AN ACKNOWLEDGEMENT OF PATERNITY    15,383       

AFFIDAVIT before the birth record is accepted for filing by the    15,384       

local registrar and in such a case the child may be registered by  15,385       

the surname of the father if the mother and father so designate.   15,387       

If the father is not named on the birth certificate PURSUANT TO    15,388       

DIVISION (F)(1) OR (2) OF THIS SECTION, no other information       15,389       

about the father shall be entered on the record.                   15,390       

      (G)  When a man is presumed or found to be the father of a   15,392       

child, according to sections 3111.01 to 3111.19, FORMER SECTION    15,393       

3111.21, OR SECTION 3111.22 of the Revised Code, or the father     15,394       

has acknowledged the child as his child in accordance with AN      15,396       

ACKNOWLEDGMENT OF PATERNITY, AND THE ACKNOWLEDGMENT HAS BECOME     15,397       

FINAL PURSUANT TO section 2105.18 2151.232, 3111.211, OR 5101.314  15,398       

of the Revised Code, and documentary evidence of such fact is      15,400       

submitted to the department of health in such form as the                       

director may require, a new birth record shall be issued by the    15,402       

department which shall have the same overall appearance as the     15,403       

record which would have been issued under this section if a        15,404       

marriage had occurred before the birth of such child.  Where       15,405       

handwriting is required to effect such appearance, the department  15,406       

shall supply it.  Upon the issuance of such new birth record, the  15,407       

original birth record shall cease to be a public record.  Such     15,408       

EXCEPT AS PROVIDED IN DIVISION (C) OF SECTION 3705.091 OF THE      15,409       

REVISED CODE, THE original record and any documentary evidence     15,411       

supporting the new registration of birth shall be placed in an     15,412       

envelope which shall be sealed by the department and shall not be  15,413       

open to inspection or copy unless so ordered by a court of         15,414       

competent jurisdiction.                                                         

      The department shall then promptly forward a copy of the     15,416       

new birth record to the local registrar of vital statistics of     15,417       

the district in which the birth occurred, and such local           15,418       

                                                          375    

                                                                 
registrar shall file a copy of such new birth record along with    15,419       

and in the same manner as the other copies of birth records in     15,420       

such local registrar's possession.  All copies of the original     15,421       

birth record in the possession of the local registrar or the       15,422       

probate court, as well as any and all index references to it,      15,423       

shall be destroyed.  Such new birth record, as well as any         15,424       

certified or exact copy of it, when properly authenticated by a    15,425       

duly authorized person shall be prima-facie evidence in all        15,426       

courts and places of the facts stated in it.                       15,427       

      (H)  When a woman who is a legal resident of this state has  15,429       

given birth to a child in a foreign country that does not have a   15,430       

system of registration of vital statistics, a birth record may be  15,431       

filed in the office of vital statistics on evidence satisfactory   15,432       

to the director of health.                                         15,433       

      (I)  Every birth certificate filed under this section on or  15,435       

after July 1, 1990, shall be accompanied by all social security    15,436       

numbers that have been issued to the parents of the child, unless  15,437       

the bureau of child support in the department of human services,   15,438       

acting in accordance with regulations prescribed under the         15,439       

"Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, as  15,440       

amended, finds good cause for not requiring that the numbers be    15,441       

furnished with the certificate.  The parents' social security      15,442       

numbers shall not be recorded on the certificate.  The local       15,443       

registrar of vital statistics shall transmit the social security   15,444       

numbers to the state office of vital statistics in accordance      15,445       

with section 3705.07 of the Revised Code.  No social security      15,446       

number obtained under this division shall be used for any purpose  15,447       

other than child support enforcement.                              15,448       

      Sec. 3705.091.  (A)  IF THE NATURAL MOTHER AND ALLEGED       15,450       

FATHER OF A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT    15,451       

PREPARED PURSUANT TO SECTION 5101.324 OF THE REVISED CODE WITH     15,453       

RESPECT TO THAT CHILD AT THE OFFICE OF THE LOCAL REGISTRAR, THE    15,454       

LOCAL REGISTRAR SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE      15,455       

ACKNOWLEDGMENT.  THE LOCAL REGISTRAR, ON THE REQUEST OF THE        15,456       

                                                          376    

                                                                 
MOTHER AND FATHER, SHALL SEND A SIGNED AND NOTARIZED                            

ACKNOWLEDGMENT OF PATERNITY TO THE DIVISION OF CHILD SUPPORT IN    15,457       

THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.314 OF   15,458       

THE REVISED CODE.  THE LOCAL REGISTRAR SHALL SEND THE              15,461       

ACKNOWLEDGMENT NO LATER THAN TEN DAYS AFTER IT HAS BEEN SIGNED     15,462       

AND NOTARIZED. IF THE LOCAL REGISTRAR KNOWS A MAN IS PRESUMED      15,463       

UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE  15,464       

CHILD, THE LOCAL REGISTRAR SHALL NOT NOTARIZE OR SEND AN           15,465       

ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS          15,466       

SECTION.                                                                        

      (B)  THE LOCAL REGISTRAR OF VITAL STATISTICS SHALL PROVIDE   15,468       

AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT DESCRIBED IN DIVISION     15,470       

(A) OF THIS SECTION TO ANY PERSON THAT REQUESTS IT.                             

      (C)  THE DEPARTMENT OF HEALTH SHALL STORE ALL                15,473       

ACKNOWLEDGMENTS OF PATERNITY AFFIDAVITS IT RECEIVES PURSUANT TO    15,474       

SECTION 5101.314 OF THE REVISED CODE.  THE DEPARTMENT OF HEALTH    15,475       

SHALL SEND TO THE DIVISION ANY ACKNOWLEDGMENT THE DEPARTMENT IS    15,476       

STORING THAT THE DIVISION REQUESTS.  THE DEPARTMENT OF HEALTH      15,477       

SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO  15,478       

GOVERN THE METHOD OF STORAGE OF THE ACKNOWLEDGMENTS AND TO         15,479       

IMPLEMENT THIS SECTION.                                                         

      (D)  THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF HUMAN    15,482       

SERVICES SHALL ENTER INTO AN AGREEMENT REGARDING EXPENSES          15,483       

INCURRED BY THE DEPARTMENT OF HEALTH IN COMPARING ACKNOWLEDGMENT   15,484       

OF PATERNITY AFFIDAVITS TO BIRTH RECORDS AND STORAGE OF            15,485       

ACKNOWLEDGMENT OF PATERNITY AFFIDAVITS.                                         

      Sec. 3705.16.  Each death or fetal death that occurs in      15,494       

this state shall be registered with the local registrar of vital   15,495       

statistics of the district in which the death or fetal death       15,496       

occurred by the funeral director or other person in charge of the  15,497       

final disposition of the remains.  The personal and statistical    15,498       

information in the death or fetal death certificate shall be       15,499       

obtained from the best qualified persons or sources available by   15,500       

the funeral director or other person in charge of the final        15,501       

                                                          377    

                                                                 
disposition of the remains.  The statement of facts relating to    15,502       

the disposition of the body and information relative to the armed  15,503       

services referred to in section 3705.19 of the Revised Code shall  15,504       

be signed by the funeral director or other person in charge of     15,505       

the final disposition of the remains.  The funeral director or     15,506       

other person in charge of the final disposition of the remains     15,507       

shall then present the death certificate to the physician or       15,508       

coroner for certification of the cause of death.  The medical      15,509       

certificate of death shall be completed and signed by the          15,510       

physician who attended the deceased or by the coroner within       15,511       

forty-eight hours after death.  The coroner may satisfy the        15,512       

requirement of signing a death certificate showing the cause of    15,513       

death as pending either by stamping it with a stamp of his THE     15,514       

CORONER'S signature or by signing it in his THE CORONER'S own      15,516       

hand, but he THE CORONER shall sign a death certificate or         15,518       

supplementary medical certification in his THE CORONER'S own       15,519       

hand.  ANY DEATH CERTIFICATE REGISTERED PURSUANT TO THIS SECTION   15,520       

SHALL CONTAIN THE SOCIAL SECURITY NUMBER OF THE DECEDENT.  A       15,522       

SOCIAL SECURITY NUMBER OBTAINED UNDER THIS SECTION IS A PUBLIC     15,523       

RECORD UNDER SECTION 149.43 OF THE REVISED CODE.                   15,525       

      Sec. 3727.17.  Each hospital shall provide a staff person    15,535       

to do all of the following:                                        15,536       

      (A)  Meet with each unmarried mother who gave birth in or    15,538       

en route to the hospital within twenty-four hours after the birth  15,539       

or before the mother is released from the hospital;                15,540       

      (B)  Attempt to meet with the father of the unmarried        15,542       

mother's child if possible;                                        15,543       

      (C)  Explain to the unmarried mother and the father, if he   15,545       

THE FATHER is present, the benefit to the child of establishing a  15,547       

parent and child relationship between the father and the child     15,548       

and the various proper procedures for establishing a parent and    15,549       

child relationship;                                                15,550       

      (D)  Present to the unmarried mother and, if possible, the   15,552       

father, a THE pamphlet or statement regarding the rights and       15,553       

                                                          378    

                                                                 
responsibilities of a natural parent prepared by the department    15,554       

of human services PURSUANT TO SECTION 5101.324 OF THE REVISED      15,555       

CODE;                                                                           

      (E)  Provide the unmarried mother, and if possible the       15,557       

father, all forms, AND statements, or agreements necessary to      15,559       

voluntarily establish a parent and child relationship, including   15,560       

the acknowledgment of paternity form prescribed PREPARED BY THE    15,561       

DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.324 OF THE   15,562       

REVISED CODE AND REQUIRED under section 2105.18 5101.314 of the    15,563       

Revised Code and the voluntary agreement to be bound by the        15,565       

results of genetic testing set forth in section 2301.373 or        15,566       

3111.21 of the Revised Code;                                                    

      (F)  Upon both the mother's and father's request, help the   15,568       

mother and father complete any specific form, OR statement, or     15,570       

agreement necessary to establish a parent and child relationship;               

      (G)  Present to an unmarried mother who is not a recipient   15,572       

of medicaid or aid to dependent children an application for Title  15,573       

IV-D services;                                                     15,574       

      (H)  Upon both the mother's and father's request, mail MAIL  15,576       

the voluntary acknowledgment of paternity, NO LATER THAN TEN DAYS  15,577       

AFTER IT IS COMPLETED, to the probate court in the county in       15,579       

which the father, the mother, or the child resides DIVISION OF     15,580       

CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES.                              

      EACH HOSPITAL SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE AN   15,582       

ACKNOWLEDGMENT OF PATERNITY SIGNED BY THE MOTHER AND FATHER.  IF   15,584       

A HOSPITAL KNOWS OR DETERMINES THAT A MAN IS PRESUMED UNDER        15,585       

SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE CHILD  15,586       

DESCRIBED IN THIS SECTION, THE HOSPITAL SHALL TAKE NO FURTHER      15,587       

ACTION WITH REGARD TO AN ACKNOWLEDGMENT AND SHALL NOT MAIL AN      15,588       

ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS          15,589       

SECTION.                                                           15,590       

      A HOSPITAL MAY CONTRACT WITH A PERSON OR GOVERNMENT ENTITY   15,593       

TO FULFILL ITS RESPONSIBILITIES UNDER THIS SECTION AND SECTION     15,594       

2301.357 OF THE REVISED CODE.  SERVICES PROVIDED BY A HOSPITAL     15,596       

                                                          379    

                                                                 
UNDER THIS SECTION OR PURSUANT TO A CONTRACT UNDER SECTION         15,597       

2301.357 OF THE REVISED CODE DO NOT CONSTITUTE THE PRACTICE OF     15,599       

LAW.  A HOSPITAL SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL         15,600       

LIABILITY FOR ANY DAMAGE OR INJURY ALLEGED TO RESULT FROM                       

SERVICES PROVIDED PURSUANT TO THIS SECTION OR SECTION 2301.357 OF  15,602       

THE REVISED CODE UNLESS THE HOSPITAL ACTED WITH MALICIOUS          15,604       

PURPOSE, IN BAD FAITH, OR IN A WANTON OR RECKLESS MANNER.          15,605       

      Sec. 3770.071.  (A)  If the amount of the prize money or     15,614       

the cost of goods or services awarded as a lottery prize award is  15,615       

six hundred dollars or more, the director of the state lottery     15,616       

commission, or the director's designee, shall require the person   15,617       

entitled to the prize award to affirm in writing, under oath,      15,618       

whether or not the person is in default under a support order.     15,619       

The director or the director's designee also may take any          15,620       

additional appropriate steps to determine if the person entitled   15,621       

to the prize award is in default under a support order.  If the    15,622       

person entitled to the prize award affirms that the person is in   15,623       

default under a support order, or if the director or the           15,624       

director's designee determines that the person is in default       15,625       

under a support order, the director or the director's designee     15,626       

shall temporarily withhold payment of the prize award and inform   15,627       

the court that issued the support order that the person is         15,629       

entitled to a prize award, of the amount of the prize award, and,  15,630       

if the prize award is to be paid in annual installments, of the    15,631       

number of installments.                                            15,632       

      After receipt of the notice from the director or the         15,634       

director's designee, the court shall give the person notice of     15,636       

the director's notice, schedule a hearing to determine if the      15,637       

person is in default and the amount of the default, and give the   15,638       

person notice of the date, time, and location of the hearing.  If  15,639       

the court at the hearing determines that the person is in          15,640       

default, it shall issue an order to the director at lottery        15,641       

commission headquarters requiring the director or the director's   15,642       

designee to deduct from any unpaid prize award or any annual       15,643       

                                                          380    

                                                                 
installment payment of the prize award, a specified amount for     15,644       

child support or spousal support in satisfaction of the support    15,645       

order under which the person is in default.  To the extent         15,646       

possible, the amount specified to be deducted under the order      15,647       

issued under this section shall satisfy the amount ordered for     15,648       

support or spousal support in the support order under which the    15,649       

person is in default.  Within thirty days after the date on which  15,650       

the court issues the order under this section to the director,     15,651       

the director shall pay the amount specified in that order to the   15,652       

DIVISION OF child support enforcement agency that is               15,653       

administering the support order, the person entitled to the        15,655       

support payments under the support order, or any other person or   15,656       

entity specified in the court order issued under this section IN   15,657       

THE DEPARTMENT OF HUMAN SERVICES.  If the prize award is to be     15,659       

paid in annual installments, the director or the director's                     

designee, on the date the installment payment is due, shall pay    15,661       

the amount specified in the court order issued under this section  15,662       

from that installment and, if necessary, any subsequent annual     15,663       

installments, at the time such installments become due and owing   15,664       

to the prize winner, to the DIVISION OF child support enforcement  15,665       

agency that is administering the support order, the person         15,667       

entitled to the support payments under the support order, or any   15,668       

other person or entity specified in the court order issued under   15,669       

this section.                                                                   

      (B)  As used in this section, "support order" and "default"  15,671       

have the same meanings as in section 2301.34 of the Revised Code.  15,672       

      (C)  No person shall knowingly make a false affirmation or   15,674       

oath required by division (A) of this section.                     15,675       

      Sec. 3924.48.  (A)  If a parent of a child is required by a  15,684       

court or administrative order to provide health care coverage for  15,685       

the child, and if the parent is eligible for family health care    15,686       

coverage provided by a health insurer, the health insurer shall    15,687       

do both of the following:                                          15,688       

      (1)  If the child is otherwise eligible for the coverage,    15,690       

                                                          381    

                                                                 
permit the parent to enroll the child under the family coverage    15,691       

without regard to any enrollment period restrictions;              15,692       

      (2)  If the parent is enrolled under the coverage but fails  15,694       

to make application to obtain coverage for the child, enroll the   15,695       

child under the family coverage upon application of the child's    15,696       

other parent or pursuant to an A CHILD SUPPORT order issued        15,698       

CONTAINING PROVISIONS in accordance COMPLIANCE with sections       15,699       

SECTION 3111.241 and OR 3113.217 of the Revised Code.              15,700       

      (B)  The health insurer shall not terminate the child's      15,702       

coverage unless the health insurer is provided satisfactory        15,703       

written evidence of either of the following:                       15,704       

      (1)  The court or administrative order is no longer in       15,706       

effect.                                                            15,707       

      (2)  The child is or will be enrolled under comparable       15,709       

health care coverage provided by another health insurer, which     15,710       

coverage will take effect not later than the effective date of     15,711       

the termination of the current coverage.                           15,712       

      (C)  AS USED IN THIS SECTION, "CHILD SUPPORT ORDER" HAS THE  15,715       

SAME MEANING AS IN SECTION 2301.373 OF THE REVISED CODE.           15,716       

      Sec. 3924.49.  (A)  If a parent of a child is required by a  15,725       

court or administrative order to provide health care coverage for  15,726       

the child, which coverage is available through an employer doing   15,727       

business in this state, the employer shall do all of the           15,728       

following:                                                         15,729       

      (1)  If the child is otherwise eligible for the family       15,731       

coverage, permit the parent to enroll the child under the          15,732       

coverage without regard to any enrollment period restrictions;     15,733       

      (2)  If the parent is enrolled under the coverage but fails  15,735       

to make application to obtain coverage for the child, enroll the   15,736       

child under the family coverage upon application of the child's    15,737       

other parent or pursuant to an A CHILD SUPPORT order issued        15,739       

CONTAINING PROVISIONS in accordance COMPLIANCE with sections       15,740       

SECTION 3111.241 and OR 3113.217 of the Revised Code;              15,741       

      (3)  Withhold from the employee's compensation the           15,743       

                                                          382    

                                                                 
employee's share of premiums for the health care coverage, if      15,744       

any, and pay that amount to the health insurer providing the       15,745       

coverage.                                                          15,746       

      (B)  The employer shall not terminate the child's coverage   15,748       

unless the employer has eliminated family coverage for all of its  15,749       

employees or unless the employer is provided satisfactory written  15,750       

evidence of either of the following:                               15,751       

      (1)  The court or administrative order is no longer in       15,753       

effect.                                                            15,754       

      (2)  The child is or will be enrolled under comparable       15,756       

health care coverage that will take effect not later than the      15,757       

effective date of the termination of the current coverage.         15,758       

      (C)  AS USED IN THIS SECTION, "CHILD SUPPORT ORDER" HAS THE  15,760       

SAME MEANING AS IN SECTION 2301.373 OF THE REVISED CODE.           15,761       

      Sec. 4141.16.  (A)  The administrator of the bureau of       15,770       

employment services shall make available, upon request, to the     15,771       

director of human services or to the county directors of human     15,772       

services in the state the name, address, ordinary occupation, and  15,773       

employment status of each recipient of unemployment benefits       15,774       

under this chapter, and a statement of such recipient's rights to  15,775       

further benefits under this chapter.                               15,776       

      (B)  The administrator shall also furnish, upon request of   15,778       

a public agency administering or supervising the administration    15,779       

of a state plan approved under part A of Title IV of the "Social   15,780       

Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, or of a       15,781       

public agency charged with any duty or responsibility under any    15,782       

program or activity authorized or required under part D of Title   15,783       

IV of such act, information with respect to any individual         15,784       

specified in the request as to:                                    15,785       

      (1)  Whether the individual is receiving, has received, or   15,787       

has made application for unemployment compensation, and the        15,788       

amount of any compensation being received by the individual;       15,789       

      (2)  The current or most recent home address of the          15,791       

individual;                                                        15,792       

                                                          383    

                                                                 
      (3)  Whether the individual has refused an offer of          15,794       

employment and, if so, a description of the employment so offered  15,795       

and the terms, conditions, and rate of pay therefor.               15,796       

      The public agency shall pay to the bureau of employment      15,798       

services the actual costs of furnishing the information described  15,799       

in this division, as provided in the "Unemployment Compensation    15,800       

Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a.                15,801       

      (C)(1)  The administrator shall disclose, upon request, to   15,803       

officers, agents, or employees of any state or local child         15,804       

support enforcement agency, any wage information contained in the  15,805       

records of the bureau of employment services with respect to an    15,806       

individual identified in the request.                              15,807       

      (2)  The officer, agent, or employee of the state or local   15,809       

child support enforcement agency shall state in the request that   15,810       

the wage information shall be used only for the purpose PURPOSES   15,811       

of establishing PATERNITY; ESTABLISHING, MODIFYING, and            15,812       

collecting ENFORCING child support obligations from, and           15,813       

locating, individuals owing these obligations which are being      15,814       

enforced ADMINISTERED pursuant to a plan described in section 454  15,816       

of the "Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A.    15,817       

654, which has been approved by the United States secretary of     15,818       

health and human services under part D of Title IV of the "Social  15,819       

Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651.              15,820       

      (3)  State and local child support enforcement agencies,     15,822       

pursuant to section 303(d) of the "Social Security Act," 94 Stat.  15,823       

441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security  15,824       

Disability Amendments of 1980," section 408(B) of P.L. 96-265,     15,825       

shall pay to the bureau the actual costs of furnishing the         15,826       

information described in this division.                            15,827       

      (4)  Requirements with respect to the confidentiality of     15,829       

information obtained in the administration of this chapter and     15,830       

any sanctions imposed on improper disclosure of information        15,831       

obtained therein shall apply to the redisclosure of information    15,832       

disclosed under this section.                                      15,833       

                                                          384    

                                                                 
      (D)  The administrator also shall furnish, as required by    15,835       

section 303(h) of the "Social Security Act," to the United States  15,836       

secretary of health and human services, and on a reimbursable      15,837       

basis, prompt access to wage and claims information, including     15,838       

any information useful in locating an absent parent or such        15,839       

parent's employer for use by the "Parent Locator Service,"         15,840       

section 453, part D of Title IV of the "Social Security Act" and   15,841       

as required under section 303(h) of such act.                      15,842       

      (E)(1)  If the director of human services determines that    15,844       

direct, on-line access to the automated information system         15,845       

maintained by the bureau of employment services is an effective    15,846       

and efficient means of obtaining necessary information to aid in   15,847       

the enforcement or collection of child support obligations, the    15,848       

director shall make a written request to the administrator of the  15,849       

bureau of employment services to permit the following to have      15,850       

direct, on-line access to the information system:                  15,851       

      (a)  The department of human services;                       15,853       

      (b)  Officers, agents, or employees of a state or local      15,855       

child support enforcement agency of this state or of another       15,856       

state as designated by the director;                               15,857       

      (c)  Officers, agents, or employees of any private agency    15,859       

designated by the director that is operating pursuant to a         15,860       

contract entered into with a state or local child support          15,861       

enforcement agency of this state for the exchange of information   15,862       

related to the enforcement and collection of child support         15,863       

obligations.                                                       15,864       

      (2)  The director of human services shall not designate      15,866       

pursuant to division (E)(1) of this section a state or local       15,867       

child support enforcement agency of this state or of another       15,868       

state or any private agency to have access to the automated        15,869       

information system maintained by the bureau unless he THE          15,870       

DIRECTOR also determines that on-line direct access to the         15,872       

bureau's automated information system by that agency is necessary  15,873       

for the implementation of a child support enforcement program      15,874       

                                                          385    

                                                                 
operating pursuant to a plan described in section 454 of the       15,875       

"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654,      15,876       

that has been approved by the secretary of health and human        15,877       

services under part D of Title IV of the "Social Security Act,"    15,878       

88 Stat. 2351 (1975), 42 U.S.C.A. 651.                             15,879       

      (3)  Upon receipt of a request made under division (E)(1)    15,881       

of this section, the administrator of the bureau shall comply      15,882       

with the request and shall adopt rules pursuant to this section    15,883       

and section 111.15 of the Revised Code to regulate access to the   15,884       

bureau's automated information system.  The rules shall include a  15,885       

confidentiality requirement that conforms to division (E)(5) of    15,886       

this section.                                                      15,887       

      (4)(a)  State and local child support enforcement agencies,  15,889       

pursuant to section 303(d) of the "Social Security Act," 94 Stat.  15,890       

441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security  15,891       

Disability Amendments of 1980," section 408(B) of P.L. 96-265,     15,892       

shall pay to the bureau the actual costs to the bureau of          15,893       

accessing its automated information system.                        15,894       

      (b)  Any private agency designated by the director of human  15,896       

services pursuant to division (E)(1) of this section that is       15,897       

operating pursuant to a contract entered into with a state or      15,898       

local child support enforcement agency of this state for the       15,899       

exchange of information related to the enforcement and collection  15,900       

of child support obligations shall pay or provide contractually    15,901       

for the payment of the actual costs to the bureau of accessing     15,902       

its automated information system.                                  15,903       

      (5)  The requirements with respect to the confidentiality    15,905       

of information obtained in the administration of this chapter and  15,906       

any sanctions imposed on improper disclosure of information        15,907       

obtained in the administration of this chapter shall apply to any  15,908       

information obtained pursuant to division (E) of this section      15,909       

through on-line access to the bureau's automated information       15,910       

system.                                                            15,911       

      (F)  The director of human services, his THE DIRECTOR'S      15,913       

                                                          386    

                                                                 
employees, and other individuals to whom information is made       15,915       

available pursuant to this section are subject to section 4141.22  15,916       

of the Revised Code and the penalty for violation of that section  15,917       

as specified in section 4141.99 of the Revised Code.               15,918       

      (G)  As used in this section, "state or local child support  15,920       

enforcement agency" means either of the following:                 15,921       

      (1)  In this state, the department of human services, the    15,923       

division of child support created pursuant to section 5101.31 of   15,924       

the Revised Code, or a child support enforcement agency            15,925       

designated by the board of county commissioners pursuant to        15,926       

section 2301.35 of the Revised Code;                               15,927       

      (2)  In a state other than this state, any agency of a       15,929       

state or of a political subdivision of a state operating pursuant  15,930       

to a plan described in section 454 of the "Social Security Act,"   15,931       

which has been approved by the secretary of health and human       15,932       

services under part D of Title IV of the "Social Security Act."    15,933       

      Sec. 4141.162.  (A)  The administrator of the bureau of      15,942       

employment services shall establish an income and eligibility      15,943       

verification system that complies with section 1137 of the         15,944       

"Social Security Act."  The programs included in the system are:   15,945       

      (1)  Unemployment compensation pursuant to section 3304 of   15,947       

the "Internal Revenue Code of 1954";                               15,948       

      (2)  Aid to families with dependent children pursuant to     15,950       

part A of Title IV of the "Social Security Act";                   15,951       

      (3)  Medicaid assistance pursuant to Title XIX of the        15,953       

"Social Security Act";                                             15,954       

      (4)  Food stamps pursuant to the "Food Stamp Act of 1977,"   15,956       

91 Stat. 958, 7 U.S.C.A. 2012, as amended;                         15,957       

      (5)  Any Ohio program under a plan approved under Title I,   15,959       

X, XIV, or XVI of the "Social Security Act."                       15,960       

      Wage information provided by employers to the bureau shall   15,962       

be furnished to the income and eligibility verification system.    15,963       

Such information shall be used by the bureau to determine          15,964       

eligibility of individuals for unemployment compensation benefits  15,965       

                                                          387    

                                                                 
and the amount of those benefits and used by the agencies that     15,966       

administer the programs identified in divisions (A)(2) to (5) of   15,967       

this section to determine or verify eligibility for or the amount  15,968       

of benefits under those programs.                                  15,969       

      The bureau shall fully implement the use of wage             15,971       

information to determine eligibility for and the amount of         15,972       

unemployment compensation benefits by September 30, 1988.          15,973       

      Information furnished under the system shall also be made    15,975       

available to the appropriate state or local child support          15,976       

enforcement agency for the purposes of an approved plan under      15,977       

part D of Title IV of the "Social Security Act" and to the         15,978       

appropriate federal agency for the purposes of Titles II and XVI   15,979       

of the "Social Security Act."                                      15,980       

      (B)  The administrator shall adopt rules as necessary under  15,982       

which the bureau of employment services, the department of human   15,983       

services, and other state agencies the administrator determines    15,984       

must participate in order to ensure compliance with section 1137   15,985       

of the "Social Security Act" exchange information with each other  15,986       

or authorized federal agencies about individuals who are           15,987       

applicants for or recipients of benefits under any of the          15,988       

programs enumerated in division (A) of this section.  The rules    15,989       

shall extend to:                                                   15,990       

      (1)  A requirement for standardized formats and procedures   15,992       

for a participating agency to request and receive information      15,993       

about an individual, which information shall include the           15,994       

individual's social security number;                               15,995       

      (2)  A requirement that all applicants for and recipients    15,997       

of benefits under any program enumerated in division (A) of this   15,998       

section be notified at the time of application, and periodically   15,999       

thereafter, that information available through the system may be   16,000       

shared with agencies that administer other benefit programs and    16,001       

utilized in establishing or verifying eligibility or benefit       16,002       

amounts under the other programs enumerated in division (A) of     16,003       

this section;                                                      16,004       

                                                          388    

                                                                 
      (3)  A requirement that information is made available only   16,006       

to the extent necessary to assist in the valid administrative      16,007       

needs of the program receiving the information and is targeted     16,008       

for use in ways which are most likely to be productive in          16,009       

identifying and preventing ineligibility and incorrect payments;   16,010       

      (4)  A requirement that information is adequately protected  16,012       

against unauthorized disclosures for purposes other than to        16,013       

establish or verify eligibility or benefit amounts under the       16,014       

programs enumerated in division (A) of this section;               16,015       

      (5)  A requirement that a program providing information is   16,017       

reimbursed by the program using the information for the actual     16,018       

costs of furnishing the information and that the administrator be  16,019       

reimbursed by the participating programs for any actual costs      16,020       

incurred in operating the system;                                  16,021       

      (6)  Requirements for any other matters necessary to ensure  16,023       

the effective, efficient, and timely exchange of necessary         16,024       

information or that the administrator determines must be           16,025       

addressed in order to ensure compliance with the requirements of   16,026       

section 1137 of the "Social Security Act."                         16,027       

      (C)  Each participating agency shall furnish to the income   16,029       

and eligibility verification system established in division (A)    16,030       

of this section that information, which the administrator, by      16,031       

rule, determines is necessary in order to comply with section      16,032       

1137 of the "Social Security Act."                                 16,033       

      (D)  Notwithstanding the information disclosure              16,035       

requirements of this section and sections 4141.16, 4141.161, AND   16,037       

4141.21, and division (D)(4)(a) of section 4141.28 of the Revised  16,038       

Code, the administrator shall administer those provisions of law                

so as to comply with section 1137 of the "Social Security Act."    16,039       

      (E)  Requirements in section 4141.21 of the Revised Code     16,041       

with respect to confidentiality of information obtained in the     16,042       

administration of Chapter 4141. of the Revised Code and any        16,043       

sanctions imposed for improper disclosure of such information      16,044       

shall apply to the redisclosure of information disclosed under     16,045       

                                                          389    

                                                                 
this section.                                                      16,046       

      Sec. 4141.28.  (A)  Applications for determination of        16,055       

benefit rights and claims for benefits shall be filed with a       16,056       

deputy of the administrator of the bureau of employment services   16,057       

designated for the purpose.  Such applications and claims may      16,058       

also be filed with an employee of another state or federal agency  16,059       

or with an employee of the unemployment insurance commission of    16,060       

Canada, charged with the duty of accepting applications and        16,061       

claims for unemployment benefits.                                  16,062       

      When a former employee of a state agency, board, or          16,064       

commission that has terminated its operations files an             16,065       

application under this division, the former employee shall give    16,066       

notice that the agency, board, or commission has terminated its    16,067       

operations.  All notices or information required to be sent under  16,068       

this chapter to or furnished by the applicant's employer shall be  16,069       

sent to or furnished by the director of administrative services.   16,070       

      (B)(1)  When an unemployed individual files an application   16,072       

for determination of benefit rights, the administrator shall       16,073       

furnish the individual with the information specified in division  16,075       

(A) of section 4141.321 of the Revised Code and with a pamphlet    16,076       

giving instructions for the steps an applicant may take if the     16,077       

applicant's claim for benefits is disallowed.  The pamphlet shall  16,079       

state the applicant's right of appeal, clearly describe the        16,080       

different levels of appeal, and explain where and when each        16,081       

appeal must be filed.  In filing an application, the individual    16,082       

shall, for the individual's most recent employment, furnish the    16,083       

administrator with either:                                                      

      (a)  The information furnished by the employer as provided   16,085       

for in division (B)(2) of this section;                            16,086       

      (b)  The name and address of the employer for whom the       16,088       

individual performed services and the individual's written         16,089       

statement of the reason for separation from the employer.          16,090       

      Where the claimant has furnished information in accordance   16,092       

with division (B)(1)(b) of this section, the administrator shall   16,093       

                                                          390    

                                                                 
promptly send a notice in writing that such filing has been made   16,094       

to the individual's most recent employer, which notice shall       16,095       

request from the employer the reason for the individual's          16,096       

unemployment.  The notice shall inform such employer of the        16,097       

employer's right, upon request, to be present at a fact-finding    16,099       

interview conducted prior to the making of any determination       16,100       

under that division.  Upon receipt of any request, the claimant    16,101       

and the employer making the request shall have at least three      16,102       

days' prior notice of the time and place of the fact-finding       16,103       

interview.  In the conduct of the interview, the administrator is  16,104       

not bound by rules of evidence or of procedure for the conduct of  16,105       

hearings.  The administrator may request from any base period      16,106       

employer information necessary for the determination of the        16,107       

applicant's rights to benefits.  Information as to the reason for  16,108       

unemployment preceding an additional claim shall be obtained in    16,109       

the same manner.  Requests for such information shall be stamped   16,110       

by the administrator with the date on which they are mailed.  If   16,111       

the employer fails to mail or deliver such information within ten  16,112       

working days from the date the administrator mailed and date       16,113       

stamped such request, and if necessary to assure prompt payment    16,114       

of benefits when due, the administrator shall make the             16,115       

determination, and shall base the determination on such            16,116       

information as is available to the administrator, which shall      16,118       

include the applicant's statement made under division (B)(1)(b)    16,119       

of this section.  The determination, as it relates to the          16,120       

claimant's determination of benefit rights, shall be amended upon  16,121       

receipt of correct remuneration information at any time within     16,122       

the benefit year and any benefits paid and charged to an                        

employer's account prior to the receipt of such information shall  16,123       

be adjusted, effective as of the beginning of the claimant's       16,124       

benefit year.                                                      16,125       

      (2)  An employer who separates within any seven-day period   16,127       

fifty or more individuals because of lack of work, and these       16,128       

individuals upon separation will be unemployed as defined in       16,129       

                                                          391    

                                                                 
division (R) of section 4141.01 of the Revised Code, shall         16,130       

furnish notice to the administrator of the dates of separation     16,131       

and the approximate number of individuals being separated.  The    16,132       

notice shall be furnished at least three working days prior to     16,133       

the date of the first day of such separations.  In addition, at    16,134       

the time of separation the employer shall furnish to the           16,135       

individual being separated or to the administrator separation      16,136       

information necessary to determine the individual's eligibility,   16,137       

on forms and in a manner approved by the administrator.            16,138       

      An employer who operates multiple business establishments    16,140       

at which both the effective authority for hiring and separation    16,141       

of employees and payroll information is located and who, because   16,142       

of lack of work, separates a total of fifty or more individuals    16,143       

at two or more business establishments is exempt from the first    16,144       

paragraph of division (B)(2) of this section.  This paragraph      16,145       

shall not be construed to relieve an employer who operates         16,146       

multiple business establishments from complying with division      16,147       

(B)(2) of this section where the employer separates fifty or more  16,148       

individuals at any business establishment within a seven-day       16,149       

period.                                                            16,150       

      An employer of individuals engaged in connection with the    16,152       

commercial canning or commercial freezing of fruits and            16,153       

vegetables is exempt from the provision of division (B)(2) of      16,154       

this section that requires an employer to furnish notice of        16,155       

separation at least three working days prior to the date of the    16,156       

first day of such separations.                                     16,157       

      (3)  Where an individual at the time of filing an            16,159       

application for determination of benefit rights furnishes          16,160       

separation information provided by the employer or where the       16,161       

employer has provided the administrator with the information in    16,162       

accordance with division (B)(2) of this section, the               16,163       

administrator shall make a determination of eligibility on the     16,164       

basis of the information furnished.  The administrator shall       16,165       

promptly notify all interested parties under division (D)(1) of    16,166       

                                                          392    

                                                                 
this section of the determination.                                 16,167       

      (4)  Where an employer has furnished separation information  16,169       

under division (B)(2) of this section which is insufficient to     16,170       

enable the administrator to make a determination of a claim for    16,171       

benefits of an individual, or where the individual fails at the    16,172       

time of filing an application for determination of benefit rights  16,173       

to produce the separation information furnished by an employer,    16,174       

the administrator shall follow the provisions specified in         16,175       

division (B)(1) of this section.                                   16,176       

      (C)  The administrator or the administrator's deputy shall   16,178       

promptly examine any application for determination of benefit      16,179       

rights filed, and on the basis of any facts found by the           16,180       

administrator or deputy shall determine whether or not the         16,181       

application is valid, and if valid, the date on which the benefit  16,182       

year shall commence and the weekly benefit amount.  The claimant,  16,184       

the most recent employer, and any other employer in the                         

claimant's base period shall promptly be notified of the           16,185       

determination and the reasons therefor.  In addition, the          16,186       

determination issued to the claimant shall include the total       16,187       

amount of benefits payable, and the determination issued to each   16,188       

chargeable base period employer shall include the total amount of  16,189       

benefits which may be charged to the employer's account.           16,190       

      (D)(1)  The administrator or the administrator's deputy      16,192       

shall examine the first claim for benefits filed in any benefit    16,193       

year, and any additional claim, and on the basis of any facts      16,194       

found by the administrator or deputy shall determine whether       16,195       

division (D) of section 4141.29 of the Revised Code is applicable  16,196       

to the claimant's most recent separation and, to the extent        16,197       

necessary, prior separations from work, and whether the            16,198       

separation reason is qualifying or disqualifying for the ensuing   16,199       

period of unemployment.  Notice of such determination shall be     16,200       

mailed to the claimant, the claimant's most recent employer, and   16,201       

any other employer involved in the determination.                  16,202       

      (a)  Whenever the administrator has reason to believe that   16,204       

                                                          393    

                                                                 
the unemployment of twenty-five or more individuals relates to a   16,205       

labor dispute, the administrator shall, within five calendar days  16,206       

after their claims are filed, schedule a hearing concerning the    16,207       

reason for unemployment.  Notice of the hearing shall be sent to   16,208       

all interested parties, including the duly authorized              16,209       

representative of the parties, as provided in division (D)(1) of   16,210       

this section.  The hearing date shall be scheduled so as to        16,211       

provide at least ten days' prior notice of the time and date of    16,212       

the hearing.  A similar hearing, in such cases, may be scheduled   16,213       

when there is a dispute as to the duration or ending date of the   16,214       

labor dispute.                                                     16,215       

      (b)  The administrator shall appoint a hearing officer to    16,217       

conduct the hearing of the case under division (D)(1)(a) of this   16,218       

section.  The hearing officer is not bound by common law or        16,219       

statutory rules of evidence or by technical or formal rules of     16,220       

procedure, but shall take any steps that are reasonable and        16,221       

necessary to obtain the facts and determine whether the claimants  16,222       

are entitled to benefits under the law.  The failure of any        16,223       

interested party to appear at the hearing shall not preclude a     16,224       

decision based upon all the facts available to the hearing         16,225       

officer.  The proceeding at the hearing shall be recorded by       16,226       

mechanical means or by other means prescribed by the               16,227       

administrator.  The record need not be transcribed unless an       16,228       

application for appeal is filed on the decision and the            16,229       

chairperson of the unemployment compensation review commission     16,231       

requests a transcript of the hearing within fourteen days after    16,232       

the application for appeal is received by the commission.  The     16,233       

administrator shall prescribe rules concerning the conduct of the  16,235       

hearings and all related matters and appoint an attorney to        16,236       

direct the operation of this function.                                          

      (c)  The administrator shall issue the hearing officer's     16,238       

decisions and reasons therefor on the case within ten calendar     16,239       

days after the hearing.  The hearing officer's decision issued by  16,240       

the administrator is final unless an application for appeal is     16,241       

                                                          394    

                                                                 
filed with the review commission within twenty-one days after the  16,243       

decision was mailed to all interested parties.  The administrator  16,244       

may, within the twenty-one-day appeal period, remove and vacate    16,245       

the decision and issue a revised determination and appeal date.    16,246       

      (d)  Upon receipt of the application for appeal, the full    16,248       

review commission shall review the administrator's decision and    16,250       

either schedule a further hearing on the case or disallow the      16,251       

application.  The review commission shall review the               16,252       

administrator's decision within fourteen days after receipt of     16,253       

the decision or the receipt of a transcript requested under        16,254       

division (D)(1)(b) of this section, whichever is later.            16,255       

      (i)  When a further hearing is granted, the commission       16,257       

shall make the administrator's decision and record of the case,    16,259       

as certified by the administrator, a part of the record and shall  16,260       

consider the administrator's decision and record in arriving at a  16,261       

decision on the case.  The commission's decision affirming,        16,263       

modifying, or reversing the administrator's decision, following    16,264       

the further appeal, shall be mailed to all interested parties      16,265       

within fourteen days after the hearing.                            16,266       

      (ii)  A decision of the disallowance of a further appeal     16,268       

shall be mailed to all interested parties within fourteen days     16,269       

after the commission makes the decision to disallow.  The          16,270       

disallowance is deemed an affirmation of the administrator's       16,272       

decision.                                                                       

      (iii)  The time limits specified in divisions (D)(1)(a),     16,274       

(b), (c), and (d) of this section may be extended by agreement of  16,275       

all interested parties or for cause beyond the control of the      16,276       

administrator or the commission.                                   16,277       

      (e)  An appeal of the commission's decision issued under     16,279       

division (D)(1)(d) of this section may be taken to the court of    16,280       

common pleas as provided in division (O) of this section.          16,281       

      (f)  A labor dispute decision involving fewer than           16,283       

twenty-five individuals shall be determined under division (D)(1)  16,284       

of this section and the review commission shall determine any      16,286       

                                                          395    

                                                                 
appeal from the decision pursuant to division (M) of this section  16,287       

and within the time limits provided in division (D)(1)(d) of this  16,288       

section.                                                           16,289       

      (2)  The administrator or the administrator's deputy shall   16,291       

also examine each continued claim for benefits filed, and on the   16,293       

basis of any facts found by the administrator or the               16,294       

administrator's deputy shall determine whether such claim shall    16,295       

be allowed.                                                        16,296       

      (a)  The determination of a first or additional claim,       16,298       

including the reasons therefor, shall be mailed to the claimant,   16,299       

the claimant's most recent employer, and any other employer        16,300       

involved in the determination.                                     16,301       

      (b)  When the determination of a continued claim results in  16,303       

a disallowed claim, the administrator shall notify the claimant    16,304       

of such disallowance and the reasons therefor.                     16,305       

      (3)  Where the claim for benefits is directly attributable   16,307       

to unemployment caused by a major disaster, as declared by the     16,308       

president of the United States pursuant to the "Disaster Relief    16,309       

Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual  16,310       

filing the claim would otherwise have been eligible for disaster   16,311       

unemployment assistance under that act, then upon application by   16,312       

the employer any benefits paid on the claim shall not be charged   16,313       

to the account of the employer who would have been charged on      16,314       

such claim but instead shall be charged to the mutualized account  16,315       

described in section 4141.25 of the Revised Code, provided that    16,316       

this division is not applicable to an employer electing            16,317       

reimbursing status under section 4141.241 of the Revised Code,     16,318       

except reimbursing employers for whom benefit charges are charged  16,319       

to the mutualized account pursuant to division (C) of section      16,320       

4141.33 of the Revised Code.                                       16,321       

      (4)(a)  An individual filing a new claim for unemployment    16,323       

compensation shall disclose, at the time of filing, whether or     16,324       

not the individual owes child support obligations.  In such a      16,325       

case, the administrator shall notify the state or local child      16,326       

                                                          396    

                                                                 
support enforcement agency enforcing the obligation only if the    16,327       

claimant has been determined to be eligible for unemployment       16,328       

compensation.                                                      16,329       

      (b)  The administrator shall deduct and withhold from        16,331       

unemployment compensation payable to an individual who owes child  16,332       

support obligations:                                               16,333       

      (i)  Any amount required to be deducted and withheld from    16,335       

the unemployment compensation pursuant to legal process, as that   16,336       

term is defined in section 462(e) 459(i)(5) of the "Social         16,337       

Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended BY THE     16,339       

"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT   16,341       

OF 1996," 100 STAT. 2105, 42 U.S.C. 659, and properly served upon  16,343       

the administrator, as described in division (D)(4)(c) of this      16,344       

section; or                                                                     

      (ii)  Where division (D)(4)(b)(i) of this section is         16,346       

inapplicable, in the amount determined pursuant to an agreement    16,347       

submitted to the administrator under section 454(20)(B)(i) of the  16,348       

"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,   16,349       

by the state or local child support enforcement agency; or         16,350       

      (iii)  If neither division (D)(4)(b)(i) nor (ii) of this     16,352       

section is applicable, then in the amount specified by the         16,353       

individual.                                                        16,354       

      (c)  The state department of human BUREAU OF EMPLOYMENT      16,356       

services shall be designated to receive all legal process          16,357       

described in division (D)(4)(b)(i) of this section from each       16,358       

local child support enforcement agency, which legal process was    16,359       

received ISSUED by the agency under section 2301.371 of the        16,361       

Revised Code or otherwise was received ISSUED by the agency.  The  16,362       

processing of cases under part D of Title IV of the "Social        16,363       

Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended,  16,364       

shall be determined pursuant to agreement between the              16,365       

administrator and the state department of human services.  The     16,366       

department shall pay, pursuant to that agreement, all of the       16,367       

costs of the bureau of employment services that are associated     16,368       

                                                          397    

                                                                 
with a deduction and withholding under division (D)(4)(b)(i) of    16,369       

this section.                                                                   

      (d)  The amount of unemployment compensation subject to      16,371       

being withheld pursuant to division (D)(4)(b) of this section is   16,372       

that amount which remains payable to the individual after          16,373       

application of any recoupment provisions for recovery of           16,374       

overpayments and after deductions which have been made under this  16,375       

chapter for deductible income received by the individual.          16,376       

EFFECTIVE FOR APPLICATIONS TO ESTABLISH UNEMPLOYMENT COMPENSATION  16,378       

BENEFIT RIGHTS FILED AFTER DECEMBER 27, 1997, THE AMOUNT WITHHELD  16,379       

WITH RESPECT TO A WEEK OF UNEMPLOYMENT BENEFITS SHALL NOT EXCEED   16,380       

FIFTY PER CENT OF THE INDIVIDUAL'S WEEKLY BENEFIT AMOUNT AS                     

DETERMINED BY THE ADMINISTRATOR.                                   16,381       

      (e)  Any amount deducted and withheld under division         16,383       

(D)(4)(b) of this section shall be paid to the appropriate state   16,384       

or local child support enforcement agency in the following         16,385       

manner:                                                                         

      (i)  The administrator shall determine the amounts that are  16,387       

to be deducted and withheld on a per county basis.                 16,388       

      (ii)  For each county, the administrator shall forward to    16,390       

the local child support enforcement agency of the county, at       16,392       

intervals to be determined pursuant to the agreement referred to   16,393       

in division (D)(4)(c) of this section, the amount determined for                

that county under division (D)(4)(e)(i) of this section for        16,394       

disbursement to the obligees or assignees of such support          16,395       

obligations.                                                       16,396       

      (f)  Any amount deducted and withheld under division         16,398       

(D)(4)(b) of this section shall for all purposes be treated as if  16,399       

it were paid to the individual as unemployment compensation and    16,400       

paid by the individual to the state or local child support agency  16,402       

in satisfaction of the individual's child support obligations.     16,403       

      (g)  Division (D)(4) of this section applies only if         16,405       

appropriate arrangements have been made for reimbursement by the   16,406       

state or local child support enforcement agency for the            16,408       

                                                          398    

                                                                 
administrative costs incurred by the administrator under this      16,409       

section which are associated with or attributable to child                      

support obligations being enforced by the state or local child     16,410       

support enforcement agency.                                        16,411       

      (h)  As used in division (D)(4) of this section:             16,413       

      (i)  "Child support obligations" means only obligations      16,415       

which are being enforced pursuant to a plan described in section   16,416       

454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654,    16,417       

as amended, which has been approved by the United States           16,418       

secretary of health and human services under part D of Title IV    16,419       

of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as     16,420       

amended.                                                           16,421       

      (ii)  "State child support enforcement agency" means the     16,423       

department of human services, bureau of child support, designated  16,424       

as the single state agency for the administration of the program   16,425       

of child support enforcement pursuant to part D of Title IV of     16,426       

the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as        16,427       

amended.                                                           16,428       

      (iii)  "Local child support enforcement agency" means the    16,430       

child support enforcement agency designated pursuant to section    16,431       

2301.35 of the Revised Code or any other agency of a political     16,432       

subdivision of the state operating pursuant to a plan mentioned    16,433       

in division (D)(4)(h)(i) of this section.                          16,434       

      (iv)  "Unemployment compensation" means any compensation     16,436       

payable under this chapter including amounts payable by the        16,437       

administrator pursuant to an agreement under any federal law       16,438       

providing for compensation, assistance, or allowances with         16,439       

respect to unemployment.                                           16,440       

      (E)(1)  Any base period or subsequent employer of a          16,442       

claimant who has knowledge of specific facts affecting such        16,443       

claimant's right to receive benefits for any week may notify the   16,444       

administrator in writing of such facts.  The administrator shall   16,445       

prescribe a form to be used for such eligibility notice, but       16,446       

failure to use the prescribed form shall not preclude the          16,447       

                                                          399    

                                                                 
administrator's examination of any notice.                         16,448       

      (2)  An eligibility notice is timely filed if received by    16,450       

the administrator or the administrator's deputy or postmarked      16,452       

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    16,453       

claimant.  An employer who does not timely file an eligibility     16,455       

notice shall not be an interested party with respect to the claim  16,456       

for benefits which is the subject of the notice.                                

      (3)  The administrator or the administrator's deputy shall   16,458       

consider the information contained in the eligibility notice,      16,459       

together with other facts found by the administrator or the        16,460       

administrator's deputy and, after giving notice to the notifying   16,461       

employer, if the employer timely filed the eligibility notice,     16,462       

and to the claimant, and other interested parties and informing    16,464       

them of their right to be present at a predetermination            16,465       

fact-finding interview, shall determine, unless a prior            16,468       

determination on the same eligibility issue has become final,      16,469       

whether such claim shall be allowed, and shall mail notice of      16,470       

such determination to the notifying employer who timely filed the  16,472       

eligibility notice, to the claimant, and to other interested       16,473       

parties.  If the determination disallows benefits for any week in  16,474       

question, the payment of benefits with respect to that week shall  16,476       

be withheld pending further appeal, or an overpayment order shall  16,477       

be issued by the administrator as prescribed in section 4141.35    16,478       

of the Revised Code, if applicable.                                16,479       

      (F)  In making determinations on applications for            16,481       

determination of benefit rights and claims for benefits, the       16,482       

administrator and the administrator's deputy shall follow          16,483       

decisions of the unemployment compensation review commission       16,485       

which have become final with respect to claimants similarly        16,487       

situated.                                                                       

      (G)(1)  Any interested party notified of a determination of  16,489       

an application for determination of benefit rights or a claim for  16,490       

benefits may, within twenty-one calendar days after the notice     16,491       

                                                          400    

                                                                 
was mailed to the party's last known post-office address, apply    16,492       

in writing for a reconsideration of the administrator's or         16,493       

deputy's determination.                                            16,494       

      (2)  Unless an application for reconsideration is filed      16,496       

within the twenty-one-day period, or within an extended period     16,497       

pursuant to division (R) of this section, such determination of    16,498       

the administrator or deputy is final, except that upon discovery,  16,499       

within the benefit year, of an error in an employer's report       16,500       

other than a report to correct remuneration information as         16,501       

provided in division (B) of this section or any typographical or   16,502       

clerical error in the administrator's determination or a decision  16,503       

on reconsideration, the administrator or the administrator's       16,504       

deputy shall issue a corrected determination or decision to all    16,506       

interested parties, which determination or decision shall take     16,507       

precedence over and void the prior determination or decision of    16,508       

the administrator or the administrator's deputy, provided no       16,509       

appeal has been filed with the commission.  If a request for       16,510       

reconsideration is filed within the twenty-one-day period, the     16,512       

administrator shall promptly consider such request and, after      16,513       

giving notice to the interested parties and informing them of      16,514       

their right to be present at a predetermination fact-finding       16,515       

interview, conducted as described in division (B) of this          16,516       

section, shall issue the decision to the interested parties;       16,517       

except that, if in the administrator's judgment the issues are     16,518       

such as to require a hearing, the administrator may refer any      16,519       

request for reconsideration to the commission as an appeal.        16,520       

      (3)  If benefits are allowed by the administrator in the     16,522       

initial determination or the decision on reconsideration, or in a  16,523       

decision by a referee, the review commission, or a court, the      16,525       

benefits shall be paid promptly, notwithstanding any further       16,526       

appeal, provided that if benefits are denied upon reconsideration  16,527       

or appeal, of which the parties have notice and an opportunity to  16,528       

be heard, the payment of benefits shall be withheld pending a      16,529       

decision on any further appeal.                                    16,530       

                                                          401    

                                                                 
      (4)  Any benefits paid to a claimant under this section      16,532       

prior to a final determination of the claimant's right to the      16,533       

benefits shall be charged to the employer's account as provided    16,535       

in division (D) of section 4141.24 of the Revised Code, provided   16,536       

that if there is no final determination of the claim by the        16,537       

subsequent thirtieth day of June, the employer's account will be   16,538       

credited with the total amount of benefits which has been paid     16,539       

prior to that date, based on the determination which has not       16,540       

become final.  The total amount credited to the employer's         16,541       

account shall be charged to a suspense account which shall be      16,542       

maintained as a separate bookkeeping account and administered as   16,543       

a part of section 4141.24 of the Revised Code, and shall not be    16,544       

used in determining the account balance of the employer for the    16,545       

purpose of computing the employer's contribution rate under        16,546       

section 4141.25 of the Revised Code.  If it is finally determined  16,547       

that the claimant is entitled to all or a part of the benefits in  16,548       

dispute, the suspense account shall be credited and the            16,549       

appropriate employer's account charged with the benefits.  If it   16,550       

is finally determined that the claimant is not entitled to all or  16,551       

any portion of the benefits in dispute, the benefits shall be      16,552       

credited to the suspense account and a corresponding charge made   16,553       

to the mutualized account established in division (D) of section   16,554       

4141.25 of the Revised Code, provided that, except as otherwise    16,555       

provided in this division, if benefits are chargeable to an        16,556       

employer or group of employers who is required or elects to make   16,557       

payments to the fund in lieu of contributions under section        16,558       

4141.241 of the Revised Code, the benefits shall be charged to     16,559       

the employer's account in the manner provided in division (D) of   16,560       

section 4141.24 and division (B) of section 4141.241 of the        16,561       

Revised Code, and no part of the benefits may be charged to the    16,562       

suspense account provided in this division.  To the extent that    16,563       

benefits which have been paid to a claimant and charged to the     16,564       

employer's account are found not to be due the claimant and are    16,565       

recovered by the administrator as provided in section 4141.35 of   16,566       

                                                          402    

                                                                 
the Revised Code, they shall be credited to the employer's         16,567       

account.                                                                        

      (H)  Any interested party may appeal the administrator's     16,569       

decision on reconsideration to the commission and unless an        16,571       

appeal is filed from such decision on reconsideration with the     16,572       

commission within twenty-one calendar days after such decision     16,574       

was mailed to the last known post-office address of the            16,575       

appellant, or within an extended period pursuant to division (R)   16,576       

of this section, such decision on reconsideration is final and     16,577       

benefits shall be paid or denied in accordance therewith.          16,578       

      (I)  Requests for reconsideration, appeals, or applications  16,580       

for further appeals may be filed with the commission, with the     16,582       

administrator or one of the administrator's deputies, with an      16,583       

employee of another state or federal agency, or with an employee   16,585       

of the unemployment insurance commission of Canada charged with    16,586       

the duty of accepting claims.                                      16,587       

      (1)  Any timely written notice stating that the interested   16,589       

party desires a review of the previous determination or decision   16,590       

and the reasons therefor, shall be accepted.                       16,591       

      (2)  The administrator, commission, or authorized agent      16,593       

must receive the request, appeal, or application within the        16,595       

specified appeal period in order for the request, appeal, or       16,596       

application to be deemed timely filed, except that:                16,597       

      (a)  If the United States postal service is used as the      16,599       

means of delivery, the enclosing envelope must have a postmark     16,600       

date, as governed by United States postal regulations, that is on  16,601       

or before the last day of the specified appeal period; and         16,602       

      (b)  Where the postmark date is illegible or missing, the    16,604       

request, appeal, or application is timely filed if received no     16,605       

later than the end of the third calendar day following the last    16,606       

day of the specified appeal period.                                16,607       

      (J)  When an appeal from a decision on reconsideration of    16,609       

the administrator or deputy is taken, all interested parties       16,610       

shall be notified and the commission or a referee shall, after     16,612       

                                                          403    

                                                                 
affording such parties reasonable opportunity for a fair hearing,  16,613       

affirm, modify, or reverse the findings of fact and the decision   16,614       

of the administrator or deputy in the manner which appears just    16,615       

and proper.  In the conduct of such hearing or any other hearing   16,616       

on appeal to the commission which is provided in this section,     16,618       

the commission and the referees are not bound by common law or     16,619       

statutory rules of evidence or by technical or formal rules of     16,620       

procedure.  The commission and the referees shall take any steps   16,621       

in the hearings, consistent with the impartial discharge of their  16,623       

duties, which appear reasonable and necessary to ascertain the     16,624       

facts and determine whether the claimant is entitled to benefits   16,625       

under the law.  For the purpose of any hearing on appeal which is  16,626       

provided in this section, the file of the administrator            16,627       

pertaining to the case shall be certified by the administrator     16,628       

and shall automatically become a part of the record in the appeal  16,629       

hearing. All information in the file which pertains to the claim,  16,630       

including statements made to the administrator or the              16,631       

administrator's deputy by the individual claiming benefits or      16,633       

other interested parties, shall be considered by the commission    16,634       

and the referees in arriving at a decision, together with any      16,636       

other information which is produced at the hearing.  The           16,637       

commission and referees may conduct any such hearing in person or  16,639       

by telephone.  The commission shall adopt rules which designate    16,641       

the circumstances under which the commission or referees may       16,643       

conduct a hearing by telephone, grant a party to the hearing the   16,644       

opportunity to object to a hearing by telephone, and govern the    16,645       

conduct of hearings by telephone.  An interested party whose       16,646       

hearing would be by telephone pursuant to the commission rules     16,647       

may elect to have an in-person hearing, provided that the party    16,648       

electing the in-person hearing agrees to have the hearing at the   16,649       

time and place the commission determines pursuant to rule.         16,650       

      (1)  The failure of the claimant or other interested party   16,652       

to appear at a hearing, unless the claimant or interested party    16,653       

is the appealing party, shall not preclude a decision in the       16,655       

                                                          404    

                                                                 
claimant's or interested party's favor, if on the basis of all     16,656       

the information in the record, including that contained in the     16,657       

file of the administrator, the claimant or interested party is     16,658       

entitled to the decision.                                          16,659       

      (2)  If the party appealing fails to appear at the hearing,  16,661       

the referee or the commission shall dismiss the appeal, provided   16,663       

that the referee or commission shall vacate the dismissal upon a   16,665       

showing that due notice of the hearing was not mailed to such      16,666       

party's last known address or good cause for the failure to        16,667       

appear is shown to the referee or the commission within fourteen   16,668       

days after the hearing date.  No further appeal from the decision  16,670       

may thereafter be instituted by such party.  If the other party    16,671       

fails to appear at the hearing, the referee or the commission      16,672       

shall proceed with the hearing and shall issue a decision without  16,674       

further hearing, provided that the referee or commission shall     16,675       

vacate the decision upon a showing that due notice of the hearing  16,677       

was not mailed to such party's last known address or good cause    16,678       

for such party's failure to appear is shown to the referee or the  16,679       

commission within fourteen days after the hearing date.            16,681       

      (3)  Where a party requests that a hearing be scheduled in   16,683       

the evening because the party is employed during the day, the      16,684       

commission or referee shall schedule the hearing during such       16,686       

hours as the party is not employed.                                16,687       

      (K)  The proceedings at the hearing before the referee, or   16,689       

the commission, shall be recorded by mechanical means or           16,690       

otherwise as may be prescribed by the commission.  Unless the      16,692       

claim is further appealed, such record of proceedings need not be  16,694       

transcribed.                                                                    

      (L)  All interested parties shall be notified of the         16,696       

referee's decision, which shall include the reasons therefor.      16,697       

The referee's decision shall become final unless, within           16,698       

twenty-one days after the decision was mailed to the last known    16,699       

post-office address of such parties, or within an extended period  16,700       

pursuant to division (R) of this section, the commission on its    16,702       

                                                          405    

                                                                 
own motion removes or transfers such claim to itself or an         16,703       

application to institute a further appeal before the commission    16,705       

is filed by any interested party and such appeal is allowed by     16,706       

the commission.                                                    16,707       

      (M)  When any claim is removed or transferred to the         16,709       

commission on its own motion, or when an application to institute  16,711       

a further appeal is allowed by the commission, the commission      16,713       

shall review the decision of the referee and shall either affirm,  16,714       

modify, or reverse such decision.  Before rendering its decision,  16,715       

the commission may remand the case to the referee for further      16,717       

proceedings.  When the commission disallows an application to      16,718       

institute a further appeal, or renders its decision affirming,     16,720       

modifying, or reversing the decision of the referee, all           16,721       

interested parties shall be notified of such decision or order by  16,722       

mail addressed to the last known post-office address of such       16,723       

parties.  A disallowance by the commission of an application for   16,725       

further appeal shall be deemed an affirmation by the commission    16,726       

of the referee's decision under appeal.                            16,727       

      (N)  Whenever the administrator and the chairperson of the   16,729       

review commission determine in writing and certify jointly that a  16,731       

controversy exists with respect to the proper application of this  16,732       

chapter to more than five hundred claimants similarly situated     16,733       

whose claims are pending before the administrator or the review    16,735       

commission or both on reconsideration or appeal applied for or                  

filed by three or more employers or by such claimants, the         16,737       

chairperson of the review commission shall select one such claim   16,739       

which is representative of all such claims and assign it for a     16,741       

fair hearing and decision.  Any other claimant or employer in the  16,742       

group who makes a timely request to participate in the hearing     16,743       

and decision shall be given a reasonable opportunity to            16,744       

participate as a party to the proceeding.                          16,745       

      Such joint certification by the administrator and the        16,747       

chairperson of the commission shall constitute a stay of further   16,749       

proceedings in the claims of all claimants similarly situated      16,750       

                                                          406    

                                                                 
until the issue or issues in controversy are adjudicated by the    16,751       

supreme court of Ohio.  At the time the decision of the            16,752       

commission is issued, the chairperson shall certify the            16,754       

commission's decision directly to the supreme court of Ohio and    16,757       

the chairperson shall file with the clerk of the supreme court a   16,759       

certified copy of the transcript of the proceedings before the     16,760       

commission pertaining to such decision.  Hearings on such issues   16,762       

shall take precedence over all other civil cases.  If upon         16,763       

hearing and consideration of such record the court decides that    16,764       

the decision of the commission is unlawful, the court shall        16,766       

reverse and vacate the decision or modify it and enter final       16,767       

judgment in accordance with such modification; otherwise such      16,768       

court shall affirm such decision.  The notice of the decision of   16,769       

the commission to the interested parties shall contain a           16,771       

certification by the chairperson of the commission that the        16,772       

decision is of great public interest and that a certified          16,774       

transcript of the record of the proceedings before the commission  16,775       

has been filed with the clerk of the supreme court as an appeal    16,777       

to the court.  Promptly upon the final judgment of the court, the  16,778       

administrator and the commission shall decide those claims         16,779       

pending before them where the facts are similar and shall notify   16,781       

all interested parties of such decision and the reason therefor    16,782       

in the manner provided for in this section.  Nothing in this       16,783       

division shall be construed so as to deny the right of any such    16,784       

claimant, whose claim is pending before the administrator on       16,785       

reconsideration or before the commission, to apply for and be      16,787       

granted an opportunity for a fair hearing to show that the facts   16,788       

in the claimant's case are different from the facts in the claim   16,789       

selected as the representative claim as provided in this           16,790       

division, nor shall any such claimant be denied the right to                    

appeal the decision of the administrator or the commission which   16,791       

is made as a result of the decision of the court in the            16,793       

representative case.                                                            

      (O)(1)  Any interested party as defined in division (I) of   16,795       

                                                          407    

                                                                 
section 4141.01 of the Revised Code, within thirty days after      16,796       

notice of the decision of the commission was mailed to the last    16,798       

known post-office address of all interested parties, may appeal    16,799       

from the decision of the commission to the court of common pleas   16,801       

of the county where the appellant, if an employee, is resident or  16,802       

was last employed or of the county where the appellant, if an      16,803       

employer, is resident or has the principal place of business in    16,804       

this state.  The commission shall provide on its decision the      16,806       

names and addresses of all interested parties.  Such appeal shall  16,807       

be taken within such thirty days by the appellant by filing a      16,808       

notice of appeal with the clerk of the court of common pleas.      16,809       

Such filing shall be the only act required to perfect the appeal   16,810       

and vest jurisdiction in the court.  Failure of an appellant to    16,811       

take any step other than timely filing of a notice of appeal does  16,812       

not affect the validity of the appeal, but is grounds only for     16,813       

such action as the court deems appropriate, which may include      16,814       

dismissal of the appeal.  Such notice of appeal shall set forth    16,815       

the decision appealed from.  The appellant shall mail a copy of    16,816       

the notice of appeal to the commission and to all interested       16,818       

parties by certified mail to their last known post-office address  16,819       

and proof of the mailing of the notice shall be filed with the     16,820       

clerk within thirty days of filing the notice of appeal.  All      16,821       

interested parties shall be made appellees.  The commission upon   16,823       

receipt of the notice of appeal shall within thirty days file      16,824       

with the clerk a certified transcript of the record of the         16,825       

proceedings before the commission pertaining to the decision       16,827       

complained of, and mail a copy of the transcript to the            16,828       

appellant's attorney or to the appellant, if not represented by    16,829       

counsel.  The appellant shall file a statement of the assignments  16,830       

of error presented for review within sixty days of the filing of   16,831       

the notice of appeal with the court.  The appeal shall be heard    16,832       

upon such record certified by the commission.  After an appeal     16,834       

has been filed in the court, the commission may, by petition, be   16,836       

made a party to such appeal.  If the court finds that the          16,837       

                                                          408    

                                                                 
decision was unlawful, unreasonable, or against the manifest       16,838       

weight of the evidence, it shall reverse and vacate such decision  16,839       

or it may modify such decision and enter final judgment in         16,840       

accordance with such modification; otherwise such court shall      16,841       

affirm such decision.  Any interested party shall have the right   16,842       

to appeal from the decision of the court as in civil cases.        16,843       

      (2)  If an appeal is filed after the thirty-day appeal       16,845       

period established in division (O)(1) of this section, the court   16,846       

of common pleas shall conduct a hearing to determine whether the   16,847       

appeal was timely filed pursuant to division (R) of this section.  16,848       

At the hearing, additional evidence may be introduced and oral     16,849       

arguments may be presented regarding the timeliness of the filing  16,850       

of the appeal.  If the court of common pleas determines that the   16,851       

time for filing the appeal is extended as provided in division     16,852       

(R) of this section and that the appeal was filed within the       16,853       

extended time provided in that division, the court shall           16,854       

thereafter make its decision on the merits of the appeal.  If the  16,855       

court of common pleas determines that the time for filing the      16,856       

appeal may not be extended as provided in division (R) of this     16,857       

section, the court shall dismiss the appeal accordingly.  The      16,858       

determination on timeliness by the court of common pleas may be    16,859       

appealed to the court of appeals as in civil cases, and such       16,860       

appeal shall be consolidated with any appeal from the decision by  16,861       

the court of common pleas on the merits of the appeal.             16,862       

      (P)  Any application for reconsideration, any appeal from a  16,864       

decision on reconsideration of the determination of the            16,865       

administrator, application to institute a further appeal, and any  16,866       

notice of intention to appeal the decision or order of the         16,867       

commission to a court of common pleas may be executed in behalf    16,869       

of any party or any group of claimants by an agent.                16,870       

      (Q)(1)  The administrator, the administrator's deputy, the   16,872       

referee, the review commission, or the court that has the          16,873       

authority or jurisdiction pursuant to this section to hear an      16,875       

application for reconsideration or an appeal that is timely filed  16,876       

                                                          409    

                                                                 
shall render a decision on the application for reconsideration or  16,877       

the appeal and upon any further application for reconsideration    16,878       

or appeal that is timely filed, whether or not the claimant meets  16,879       

the able to work, available for suitable work, or the actively     16,880       

seeking work requirements of division (A)(4)(a) of section         16,881       

4141.29 of the Revised Code, if all of the following apply:        16,882       

      (a)  The claimant's claim for benefits is allowed or denied  16,884       

upon initial determination by the administrator or the             16,885       

administrator's deputy or upon reconsideration, review, or appeal  16,887       

by a decision of the administrator, the administrator's deputy, a  16,888       

referee, the review commission, or a court.                        16,889       

      (b)  After the claim is allowed or disallowed, the claimant  16,891       

is subjected to criminally injurious conduct, as defined in        16,892       

section 2743.51 of the Revised Code.                               16,893       

      (c)  Pursuant to this section, any interested party timely   16,895       

applies for reconsideration, or timely files an appeal, of the     16,896       

determination or decision.                                         16,897       

      (d)  The claimant files an application for an award of       16,899       

reparations pursuant to sections 2743.51 to 2743.72 of the         16,900       

Revised Code, for the loss of unemployment benefits.               16,901       

      (2)  Any decision that is rendered pursuant to division      16,903       

(Q)(1) of this section when a claimant fails to meet the able to   16,904       

work, available for suitable work, or the actively seeking work    16,905       

requirements of division (A)(4)(a) of section 4141.29 of the       16,906       

Revised Code shall apply only for the purposes of any claim for    16,907       

an award of reparations filed pursuant to sections 2743.51 to      16,908       

2743.72 of the Revised Code and shall not enable a claimant who    16,909       

does not meet the able to work, available for suitable work, or    16,910       

the actively seeking work requirements of division (A)(4)(a) of    16,911       

section 4141.29 of the Revised Code to obtain any benefits         16,912       

pursuant to this chapter.                                          16,913       

      (R)  The time for filing a request for reconsideration, an   16,915       

appeal, an application to institute further appeal, or a court     16,916       

appeal, under division (G), (H), (L), or (O) of this section       16,917       

                                                          410    

                                                                 
shall be extended as follows:                                      16,918       

      (1)  When the last day of an appeal period is a Saturday,    16,920       

Sunday, or legal holiday, the appeal period is extended to the     16,921       

next work day after the Saturday, Sunday, or legal holiday; or     16,922       

      (2)  When an interested party provides certified medical     16,924       

evidence stating that the interested party's physical condition    16,925       

or mental capacity prevented the interested party from filing a    16,926       

request for reconsideration, an appeal, or an application to       16,927       

institute further appeal pursuant to division (G), (H), or (L) of  16,928       

this section within the appropriate twenty-one-day period, the     16,929       

appeal period is extended to twenty-one days after the end of the  16,930       

physical or mental condition and the request, appeal, or           16,931       

application is considered timely filed if filed within that        16,932       

extended period;                                                   16,933       

      (3)  When an interested party provides evidence, which       16,935       

evidence may consist of testimony from the interested party, that  16,936       

is sufficient to establish that the party did not actually         16,937       

receive the determination or decision within the applicable        16,939       

appeal period pursuant to division (G), (H), or (L) of this        16,940       

section, and the administrator or the commission finds that the    16,941       

interested party did not actually receive the determination or     16,943       

decision within the applicable appeal period, then the appeal      16,944       

period is extended to twenty-one days after the interested party   16,945       

actually receives the determination or decision.                   16,946       

      (4)  When an interested party provides evidence, which       16,948       

evidence may consist of testimony from the interested party, that  16,949       

is sufficient to establish that the party did not actually         16,950       

receive a decision within the thirty-day appeal period provided    16,951       

in division (O)(1) of this section, and a court of common pleas    16,952       

finds that the interested party did not actually receive the       16,953       

decision within that thirty-day appeal period, then the appeal     16,954       

period is extended to thirty days after the interested party       16,955       

actually receives the decision.                                    16,956       

      (S)  No finding of fact or law, decision, or order of the    16,958       

                                                          411    

                                                                 
administrator, referee, or the review commission, or a reviewing   16,960       

court pursuant to this section, shall be given collateral          16,961       

estoppel or res judicata effect in any separate or subsequent      16,962       

judicial, administrative, or arbitration proceeding, other than a  16,963       

proceeding arising under this chapter.                             16,964       

      Sec. 5101.31.  (A)  As used in this section:                 16,973       

      (1)  "CABLE TELEVISION SERVICE" HAS THE SAME MEANING AS IN   16,975       

SECTION 2913.01 OF THE REVISED CODE.                               16,976       

      (2)  "Child support enforcement agency" means an agency      16,978       

designated as a child support enforcement agency under section     16,979       

2301.25 of the Revised Code.                                       16,980       

      (2)(3)  "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN     16,982       

SECTION 2301.373 OF THE REVISED CODE.                              16,983       

      (4)  "FINANCIAL INSTITUTION" HAS THE SAME MEANING AS IN      16,985       

SECTION 3113.21 OF THE REVISED CODE.                               16,986       

      (5)  "Law enforcement entity" means a public entity that     16,988       

employs a law enforcement officer.                                 16,989       

      (6)  "OBLIGOR" AND "OBLIGEE" HAVE THE SAME MEANINGS AS IN    16,992       

SECTION 3113.21 OF THE REVISED CODE.                               16,993       

      (7)  "PUBLIC UTILITY" MEANS A PERSON OR ENTITY, INCLUDING    16,995       

AN ENTITY OWNED OR OPERATED BY A MUNICIPAL CORPORATION OR OTHER    16,996       

GOVERNMENT ENTITY, THAT IS DESCRIBED IN DIVISION (A) OF SECTION    16,998       

4905.03 OF THE REVISED CODE AS A TELEPHONE COMPANY, ELECTRIC       17,001       

LIGHT COMPANY, GAS COMPANY, NATURAL GAS COMPANY, WATER-WORKS       17,002       

COMPANY, HEATING OR COOLING COMPANY, OR SEWAGE DISPOSAL SYSTEM     17,003       

COMPANY, OR THAT IS PROVIDING CABLE TELEVISION SERVICE.            17,004       

      (8)  "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION      17,006       

2301.34 OF THE REVISED CODE.                                       17,008       

      (B)  The division of child support is hereby created in the  17,011       

department of human services.  The division shall establish and    17,012       

administer a program of child support enforcement, which program   17,013       

shall meet the requirements of Title IV-D of the "Social Security  17,014       

Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any     17,015       

rules promulgated under Title IV-D.  The program of child support  17,016       

                                                          412    

                                                                 
enforcement shall include, but not be limited to, the location of  17,017       

absent parents, the establishment of parentage, the establishment  17,018       

and modification of child support orders and medical support       17,019       

orders, the enforcement of support orders, and the collection of   17,020       

support obligations.                                                            

      AS PART OF ITS EFFORTS TO ESTABLISH PARENTAGE, THE DIVISION  17,022       

SHALL DEVELOP A PROGRAM TO PUBLICIZE THE STATE PROCEDURES FOR      17,023       

ESTABLISHING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP AND  17,024       

THE ADVANTAGES OF ESTABLISHING SUCH A RELATIONSHIP.  THE DIVISION  17,025       

MAY REQUIRE ANY BOARD, COMMISSION, OR AGENCY OF THE STATE TO       17,026       

PARTICIPATE IN THE PUBLICITY PROGRAM.                                           

      The department shall charge an application fee of up to      17,028       

twenty-five dollars, as determined by rule adopted by the          17,029       

department pursuant to Chapter 119. of the Revised Code, for       17,030       

furnishing services under Title IV-D of the "Social Security       17,031       

Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons  17,032       

not receiving aid to dependent children.  The department shall     17,033       

adopt rules pursuant to Chapter 119. of the Revised Code           17,034       

authorizing counties, at their option, to waive the payment of     17,035       

the fee.  The application fee, unless waived pursuant to rules     17,036       

adopted by the department pursuant to this section, shall be paid  17,037       

by those persons.                                                  17,038       

      (C)  The division of child support shall establish, by rule  17,040       

adopted pursuant to Chapter 119. of the Revised Code, a program    17,041       

of spousal support enforcement in conjunction with child support   17,042       

enforcement.  The program shall conform, to the extent             17,043       

practicable, to the program for child support enforcement          17,044       

established pursuant to division (B) of this section.              17,045       

      (D)  The department of human services shall enter into an    17,047       

agreement with the secretary of health and human services, as      17,048       

authorized by the "Parental Kidnapping Prevention Act of 1980,"    17,049       

94 Stat. 3572, 42 U.S.C. 663, as amended, under which the          17,050       

services of the parent locater service established pursuant to     17,051       

Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42  17,052       

                                                          413    

                                                                 
U.S.C. 651, as amended, shall be made available to this state for  17,053       

the purpose of determining the whereabouts of any absent parent    17,054       

or child in order to enforce a law with respect to the unlawful    17,055       

taking or restraint of a child, or to make or enforce a            17,056       

determination as to the allocation, between the parents of a       17,057       

child, of the parental rights and responsibilities for the care    17,058       

of a child and the designation of the residential parent and       17,059       

legal custodian of a child or otherwise as to the custody of a     17,060       

child.                                                             17,061       

      (E)  The division of child support shall not use any social  17,063       

security number made available to it under section 3705.07 of the  17,064       

Revised Code for any purpose other than child support              17,065       

enforcement.                                                       17,066       

      (F)(1)  Except as provided by the rules adopted pursuant to  17,068       

this division (F)(2) OF THIS SECTION, no person shall disclose DO  17,070       

EITHER OF THE FOLLOWING:                                                        

      (a)  DISCLOSE information concerning applicants for and      17,072       

recipients of Title IV-D support enforcement program services      17,074       

provided by a child support enforcement agency;                    17,075       

      (b)  DISCLOSE ANY INFORMATION COLLECTED PURSUANT TO          17,077       

DIVISION (G) OF THIS SECTION.  The department of human services    17,078       

      (2)  THE DIVISION OF CHILD SUPPORT shall adopt rules         17,080       

governing access to, and use and disclosure of, THE information    17,082       

concerning applicants for and recipients of Title IV-D support     17,084       

enforcement program services provided by a child support                        

enforcement agency DESCRIBED IN DIVISION (F)(1) OF THIS SECTION.   17,086       

The rules shall be consistent with the requirements of Title IV-D  17,087       

of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.                   

651, as amended, and any rules adopted under Title IV-D.           17,088       

      (G)(1)  Except as provided in division (G)(2)(4) of this     17,091       

section, the department of human services THE DIVISION OF CHILD                 

SUPPORT shall have access to any ALL OF THE FOLLOWING UNLESS       17,093       

RELEASE OF THE INFORMATION IS PROHIBITED BY FEDERAL OR STATE LAW:  17,094       

      (a)  ANY information in the possession of any officer,       17,096       

                                                          414    

                                                                 
board, commission, or agency ENTITY of the state OR ANY POLITICAL  17,099       

SUBDIVISION OF THE STATE that would aid the department DIVISION    17,100       

in locating an absent parent or child pursuant to division (D) of  17,102       

this section, unless release of the information is prohibited by   17,103       

federal law;                                                                    

      (b)  ANY INFORMATION CONCERNING THE EMPLOYMENT,              17,105       

COMPENSATION, AND BENEFITS OF ANY OBLIGOR OR OBLIGEE SUBJECT TO A  17,107       

SUPPORT ORDER IN THE POSSESSION OF ANY PERSON;                                  

      (c)  THE NAME AND ADDRESS OF ANY OBLIGOR OR OBLIGEE SUBJECT  17,110       

TO A SUPPORT ORDER AND THE OBLIGOR'S OR OBLIGEE'S EMPLOYER IN THE  17,111       

CUSTOMER RECORDS OF A PUBLIC UTILITY;                                           

      (d)  ANY INFORMATION CONCERNING ANY OBLIGOR OR OBLIGEE       17,114       

SUBJECT TO A SUPPORT ORDER IN THE POSSESSION OF A FINANCIAL        17,115       

INSTITUTION.                                                                    

      (2)  The department of taxation, the bureau of motor         17,117       

vehicles, and a law enforcement entity shall provide information   17,118       

the division of child support requests from the department,        17,119       

bureau, or entity that will enable the division to locate a        17,120       

parent the division or a child support enforcement agency is       17,121       

seeking pursuant to child support enforcement activities.  The     17,122       

department, bureau, PERSON or entity REQUIRED TO PROVIDE           17,123       

INFORMATION PURSUANT TO DIVISION (G)(1) OF THIS SECTION, may       17,125       

provide such information to a child support enforcement agency at  17,126       

the agency's request or require the agency to request that the     17,127       

division of child support request the information for the agency.  17,128       

The division shall request the information from the department,    17,129       

bureau, PERSON or entity on the request of a child support         17,131       

enforcement agency.                                                             

      The only information the department shall provide the        17,133       

division or an agency under this section is the name and address   17,134       

of a parent the division or agency is seeking.  The information    17,135       

the bureau or entity shall provide to the division or an agency    17,136       

under this section is the information Title IV-D of the "Social    17,137       

Security Act" requires the division or agency be able to receive.  17,138       

                                                          415    

                                                                 
      The division or agency shall reimburse the department,       17,140       

bureau, or entity for the cost of providing the information.  If   17,142       

the division requests the information for an agency, the agency    17,143       

shall reimburse the division for reimbursing the department,       17,144       

bureau, or entity.                                                              

      (3)  AN OFFICER OR ENTITY OF THE STATE OR POLITICAL          17,146       

SUBDIVISION OF THE STATE OR ANY OTHER PERSON WHO PROVIDES          17,148       

INFORMATION PURSUANT TO THIS DIVISION, AND A FINANCIAL             17,149       

INSTITUTION THAT PROVIDES INFORMATION PURSUANT TO AN AGREEMENT     17,150       

ENTERED INTO PURSUANT TO SECTION 5101.315 OF THE REVISED CODE TO   17,152       

THE DIVISION OF CHILD SUPPORT SHALL NOT BE SUBJECT TO CRIMINAL OR  17,153       

CIVIL LIABILITY FOR PROVIDING THE INFORMATION.                     17,154       

      (4)(a)  THE DEPARTMENT OF TAXATION SHALL NOT PROVIDE ANY     17,157       

INFORMATION TO THE DIVISION, EXCEPT AS PROVIDED IN DIVISION        17,158       

(G)(4) OF THIS SECTION.  FOR PURPOSES OF THE ESTABLISHMENT OF      17,159       

PATERNITY, THE ESTABLISHMENT, MODIFICATION, OR ENFORCEMENT OF      17,160       

SUPPORT ORDERS, AND THE LOCATION OF ABSENT PARENTS PURSUANT TO     17,161       

CHILD SUPPORT ENFORCEMENT ACTIVITIES, THE DIVISION OF CHILD        17,162       

SUPPORT IS AUTHORIZED TO HAVE ACCESS TO INFORMATION CONCERNING     17,163       

THE RESIDENTIAL ADDRESS, EMPLOYER, INCOME, AND ASSETS OF           17,164       

TAXPAYERS IF THAT INFORMATION IS CONTAINED IN THE STATE TAX        17,165       

RECORDS MAINTAINED BY THE DEPARTMENT.  THE DIVISION SHALL          17,166       

REIMBURSE THE DEPARTMENT FOR THE COST OF ACCESS TO, AND                         

OBTAINMENT OF, THE INFORMATION DESCRIBED IN DIVISION (G)(4)(a) OF  17,168       

THIS SECTION.  THE DEPARTMENT OF TAXATION SHALL NOT PROVIDE ANY    17,169       

INFORMATION TO THE DIVISION IF THE PROVISION OF THE INFORMATION    17,170       

IS PROHIBITED BY STATE OR FEDERAL LAW.                             17,171       

      (b)  THE DEPARTMENT OF TAXATION OR ITS OFFICERS AND          17,173       

EMPLOYEES SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR  17,174       

PROVIDING ACCESS TO THE INFORMATION DESCRIBED IN DIVISION          17,176       

(G)(4)(a) OF THIS SECTION.  THE INFORMATION OBTAINED PURSUANT TO   17,177       

DIVISION (G)(4)(a) OF THIS SECTION IS SUBJECT TO THE               17,179       

NONDISCLOSURE REQUIREMENTS OF DIVISION (F) OF THIS SECTION.        17,180       

      (5)  NO PERSON OR ENTITY, OTHER THAN AN OFFICER OR ENTITY    17,183       

                                                          416    

                                                                 
OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, SHALL FAIL   17,186       

TO PROVIDE INFORMATION AS REQUIRED BY DIVISION (G)(1) OR (2) OF    17,187       

THIS SECTION.  A PERSON OR ENTITY THAT FAILS TO PROVIDE THE        17,189       

INFORMATION MAY BE FINED FIVE HUNDRED DOLLARS.  THE DEPARTMENT OF  17,190       

HUMAN SERVICES SHALL FILE AN ACTION IN THE COURT OF COMMON PLEAS   17,191       

OF FRANKLIN COUNTY, REQUESTING THAT THE COURT IMPOSE THE FINE FOR  17,193       

FAILURE TO PROVIDE THE INFORMATION.  IF THE COURT DETERMINES THAT  17,194       

THE PERSON OR ENTITY FAILED TO PROVIDE THE INFORMATION, IT MAY     17,196       

IMPOSE THE FINE.  THE COURT SHALL DIRECT THAT THE FINE BE PAID TO  17,197       

THE DEPARTMENT OF HUMAN SERVICES.                                  17,198       

      Sec. 5101.311.  (A)  If the division of child support in     17,208       

the department of human services receives notification of the      17,209       

issuance of a court or administrative support order from a child   17,210       

support enforcement agency or a court pursuant to section          17,211       

2301.351 of the Revised Code, the division shall enter the         17,212       

notification in an alphabetical index of court and administrative  17,213       

support orders it maintains under the last name of the person who  17,214       

is required to make the support payments under the support order.  17,215       

An entry in the index of support orders shall include the name of  17,216       

the person required to make the support payments under the         17,217       

support order, the address and the social security number or       17,218       

other identification number provided for that person, whether a    17,219       

child support enforcement agency is administering the support      17,220       

order, and the county in which the court that issued the support   17,221       

order is located.                                                  17,222       

      (B)  Any consumer reporting agency may contact the division  17,224       

of child support and request information as to whether a           17,225       

specified person is required to pay support under a court or       17,226       

administrative support order.  The request shall include the       17,227       

person's name, the person's address and social security or other   17,228       

identification number, if known, and any other identifying         17,229       

information relative to the person that is known by the agency,    17,230       

and shall be accompanied by the fee adopted by the director of     17,231       

human services under division (C) of this section.  Upon receipt   17,233       

                                                          417    

                                                                 
of the request and the payment of the fee, the division shall                   

review the index of support orders that CASE REGISTRY it           17,234       

maintains PURSUANT TO SECTION 5101.319 OF THE REVISED CODE to      17,235       

determine if an entry has been made in the name of the person IS   17,236       

REQUIRED TO PAY SUPPORT UNDER A COURT OR ADMINISTRATIVE SUPPORT    17,237       

ORDER.                                                                          

      If the division, upon conducting its review, determines      17,239       

that an entry in the name of the person is included in the index   17,240       

CASE REGISTRY, it shall provide the consumer reporting agency      17,242       

with a report that sets forth the name of the person who is the    17,243       

subject of the request, a statement that the person is required    17,244       

to make support payments under one or more court or                17,245       

administrative support orders, the name of the courts or child     17,246       

support enforcement agencies that issued the support orders, the   17,247       

counties in which those courts or agencies are located, and        17,248       

whether any of the support orders is being administered by a       17,249       

child support enforcement agency.                                  17,250       

      (C)  The director of human services, by rule, shall          17,252       

prescribe a reasonable fee that must be paid by a consumer         17,253       

reporting agency upon the making of a request for information      17,254       

under division (A) of this section.  The fee prescribed under      17,255       

this division shall not exceed the average actual cost             17,256       

experienced by the division of child support in performing the     17,257       

duties imposed upon it by this section.                            17,258       

      (D)(B)  As used in this section, "consumer reporting         17,260       

agency" means any person that, for monetary fees, dues, or on a    17,261       

cooperative nonprofit basis, regularly engages in whole or in      17,262       

part in the practice of assembling or evaluating consumer credit   17,263       

information or other information on consumers for the purpose of   17,264       

furnishing consumer reports to third parties and that uses any     17,265       

means or facility of interstate commerce for the purpose of        17,266       

preparing or furnishing consumer reports.                          17,267       

      Sec. 5101.312.  (A)  As used in this section:                17,276       

      (1)  "Child support SUPPORT order" has the same meaning as   17,278       

                                                          418    

                                                                 
in section 2301.373 2301.34 of the Revised Code.                   17,279       

      (2)  "EMPLOYEE" DOES NOT INCLUDE AN INDIVIDUAL PERFORMING    17,281       

INTELLIGENCE OR COUNTERINTELLIGENCE FUNCTIONS FOR A STATE AGENCY,  17,283       

IF THE HEAD OF THE AGENCY HAS DETERMINED THAT REPORTING PURSUANT   17,284       

TO THIS SECTION COULD ENDANGER THE SAFETY OF THE EMPLOYEE OR       17,285       

COMPROMISE AN ONGOING INVESTIGATION OR INTELLIGENCE MISSION.       17,286       

      (3)  "Employer" means any employer with twenty-five or more  17,288       

employees, except "employer" also means an employer with fewer     17,289       

than twenty-five employees if the employer's business is one of    17,290       

the following:                                                     17,291       

      (a)  Eating and drinking place;                              17,293       

      (b)  General building contractor;                            17,295       

      (c)  Construction--special trade contractor;                 17,297       

      (d)  Motor freight transportation and warehousing;           17,299       

      (e)  Automotive dealer or gasoline service station;          17,301       

      (f)  Automotive repair, services, and parking.               17,303       

      (3) ANY PERSON OR GOVERNMENTAL ENTITY OTHER THAN THE         17,305       

FEDERAL GOVERNMENT FOR WHICH AN INDIVIDUAL PERFORMS ANY SERVICE,   17,306       

OF WHATEVER NATURE, AS THE EMPLOYEE OF SUCH PERSON, EXCEPT THAT:   17,308       

      (a)  IF THE PERSON FOR WHOM THE INDIVIDUAL PERFORMS          17,310       

SERVICES DOES NOT HAVE CONTROL OF THE PAYMENT OF COMPENSATION FOR  17,312       

THE SERVICES, "EMPLOYER" MEANS THE PERSON HAVING CONTROL OF THE    17,313       

PAYMENT OF THE COMPENSATION;                                                    

      (b)  IN THE CASE OF A PERSON PAYING COMPENSATION ON BEHALF   17,315       

OF A NONRESIDENT ALIEN INDIVIDUAL, FOREIGN PARTNERSHIP, OR         17,316       

FOREIGN CORPORATION NOT ENGAGED IN TRADE OR BUSINESS WITHIN THE    17,317       

UNITED STATES, "EMPLOYER" MEANS THE PERSON PAYING THE              17,318       

COMPENSATION.                                                                   

      (4)  "Obligor" means a person required to pay support under  17,320       

a child support order.                                             17,322       

      (B)  Effective January 1, 1996, an (1)  EXCEPT AS PROVIDED   17,324       

IN DIVISION (B)(2) OF THIS SECTION, EVERY employer shall report    17,326       

in writing to the department of human services the hiring,         17,328       

rehiring, or return to work as an employee of a person who         17,329       

                                                          419    

                                                                 
resides, works, or will be assigned to work in this state to whom  17,330       

the employer anticipates paying compensation.                                   

      (2)  AN EMPLOYER THAT HAS EMPLOYEES IN TWO OR MORE STATES    17,333       

AND THAT TRANSMITS REPORTS MAGNETICALLY OR ELECTRONICALLY MAY      17,334       

MAKE THE REPORT REQUIRED BY THIS SECTION TO ANOTHER STATE IF THE   17,335       

EMPLOYER DOES BOTH OF THE FOLLOWING:                                            

      (a)  NOTIFIES THE OHIO DEPARTMENT OF HUMAN SERVICES AND THE  17,338       

UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES IN WRITING    17,340       

THAT THE EMPLOYER HAS DESIGNATED ANOTHER STATE AS THE STATE TO                  

WHICH THE EMPLOYER WILL TRANSMIT THE REPORT;                       17,342       

      (b)  TRANSMITS THE REPORT TO THAT STATE IN COMPLIANCE WITH   17,345       

FEDERAL LAW.                                                                    

      (C)  An employer shall include all of the following in each  17,347       

report:                                                            17,348       

      (1)  The employee's name, address, and DATE OF BIRTH,        17,350       

social security number, AND DATE OF HIRE, REHIRE, OR RETURN TO     17,351       

WORK;                                                              17,352       

      (2)  The employer's name, address, and identification        17,354       

number.                                                                         

      (D)  An employer may make a report by submitting a copy of   17,356       

the United States internal revenue service form W-4 (employee's    17,358       

withholding allowance certificate) for the employee, a form                     

provided by the department, or any other hiring document or data   17,359       

storage device or mechanism the department authorizes.  An         17,360       

employer may make the report by mail, fax, MAGNETIC OR ELECTRONIC  17,361       

MEANS, or other means the department authorizes.  If an employer   17,362       

makes a report by mail, the date of making the report is the       17,363       

postmark date if the report is mailed in the United States with    17,364       

first class postage and is addressed as the department             17,365       

authorizes.  An employer shall make the report not later than      17,366       

thirty TWENTY days after the date on which the employer hires or   17,368       

rehires an employee or the employee returns to work.               17,369       

      (E)(1)  THE DEPARTMENT SHALL, WITHIN FIVE DAYS OF RECEIPT    17,372       

FROM AN EMPLOYER, ENTER THE INFORMATION DESCRIBED IN DIVISION (C)  17,373       

                                                          420    

                                                                 
OF THIS SECTION INTO A DIRECTORY, WHICH SHALL BE PART OF OR        17,374       

ACCESSIBLE TO THE AUTOMATED DATA PROCESSING SYSTEM REQUIRED        17,375       

PURSUANT TO SECTION 5101.322 OF THE REVISED CODE.                  17,378       

      (2)  THE DEPARTMENT SHALL MAKE COMPARISONS OF THE SOCIAL     17,381       

SECURITY NUMBERS OBTAINED PURSUANT TO THIS SECTION AND THE SOCIAL  17,382       

SECURITY NUMBERS APPEARING IN THE REGISTRY MAINTAINED PURSUANT TO  17,383       

SECTION 5101.319 OF THE REVISED CODE.                                           

      (3)  WITHIN TWO BUSINESS DAYS AFTER INFORMATION IS ENTERED   17,385       

INTO THE DIRECTORY PURSUANT TO THIS DIVISION, IF THE COMPARISON    17,386       

CONDUCTED BY THE DEPARTMENT PURSUANT TO DIVISION (E)(2) OF THIS    17,388       

SECTION RESULTS IN A MATCH THE DEPARTMENT SHALL NOTIFY THE CHILD   17,390       

SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER.  ON                 

RECEIPT OF THE NOTICE THE AGENCY SHALL SEND A NOTICE TO THE        17,392       

EMPLOYER PURSUANT TO DIVISION (B) OF SECTION 3111.23 OR DIVISION   17,393       

(D) OF SECTION 3113.21 OF THE REVISED CODE, UNLESS THE EMPLOYEE'S  17,396       

INCOME IS NOT SUBJECT TO WITHHOLDING, AND SHALL TAKE ANY OTHER     17,397       

APPROPRIATE ACTION UNDER SECTIONS 3111.20 TO 3111.28 AND 3113.21   17,398       

TO 3113.219 OF THE REVISED CODE.                                   17,400       

      (4)(a)  BEGINNING OCTOBER 1, 1997, WITHIN THREE BUSINESS     17,403       

DAYS AFTER INFORMATION IS ENTERED INTO THE DIRECTORY PURSUANT TO   17,404       

THIS DIVISION, THE DEPARTMENT SHALL FURNISH THE INFORMATION TO     17,405       

THE NATIONAL DIRECTORY OF NEW HIRES.                               17,406       

      (b)  BEGINNING OCTOBER 1, 1997, THE BUREAU OF EMPLOYMENT     17,409       

SERVICES SHALL FURNISH TO THE NATIONAL DIRECTORY OF NEW HIRES ON   17,410       

A QUARTERLY BASIS SUCH INFORMATION CONTAINED IN THE RECORDS OF     17,411       

THE BUREAU OF EMPLOYMENT SERVICES AS IS REQUIRED BY STATE AND                   

FEDERAL LAW.                                                       17,412       

      (F)  The department shall use the reports it receives        17,414       

pursuant to this section to locate obligors under child            17,415       

INDIVIDUALS FOR THE PURPOSES OF ESTABLISHING PATERNITY;            17,416       

ESTABLISHING, MODIFYING, AND ENFORCING support orders being        17,417       

administered by child support enforcement agencies in this state;  17,418       

and to detect fraud in any program administered by the             17,420       

department.  The DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH   17,421       

                                                          421    

                                                                 
CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION.        17,422       

      THE REPORTS SHALL NOT BE CONSIDERED PUBLIC RECORDS FOR       17,424       

PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND THE            17,427       

DEPARTMENT MAY ADOPT RULES UNDER SECTION 5101.31 OF THE REVISED    17,430       

CODE GOVERNING ACCESS TO, AND USE AND DISCLOSURE OF, INFORMATION   17,431       

CONTAINED IN THE REPORTS.  THE DEPARTMENT MAY DISCLOSE             17,432       

INFORMATION IN THE REPORTS TO ANY AGENT OF THE DEPARTMENT OR       17,433       

CHILD SUPPORT ENFORCEMENT AGENCY THAT IS UNDER CONTRACT WITH THE   17,434       

DEPARTMENT FOR THE PURPOSES LISTED IN THIS DIVISION.  THE          17,435       

department may submit to the bureau of workers' compensation or    17,436       

the bureau of employment services a copy of any report it          17,437       

receives from an employer pursuant to this section.  The                        

department shall adopt rules in accordance with Chapter 119. of    17,438       

the Revised Code to implement this section.  In adopting the       17,439       

rules, the department shall work with the bureau of employment     17,441       

services for the purpose of identifying the industries listed in   17,442       

division (A)(2) of this section by using the Standard Industrial   17,443       

Classification codes established in the standard industrial        17,444       

classification manual, 1987, published by the executive office of  17,445       

the president, office of management and budget.                                 

      (F)(G)  An employer who fails to make a report required by   17,447       

this section shall be required by the department of human          17,448       

services to pay a fee of twenty-five dollars for each failure to   17,449       

make a report.                                                                  

      IF THE FAILURE TO MAKE A REPORT IS THE RESULT OF A           17,451       

CONSPIRACY BETWEEN THE EMPLOYER AND THE EMPLOYEE NOT TO SUPPLY     17,452       

THE REPORT OR TO SUPPLY A FALSE OR INCOMPLETE REPORT, THE          17,453       

DEPARTMENT OF HUMAN SERVICES SHALL REQUIRE THE EMPLOYER TO PAY A   17,454       

FEE OF FIVE HUNDRED DOLLARS FOR EACH SUCH FAILURE.                 17,455       

      Sec. 2105.18 5101.314.  (A)(1)  The natural father, natural  17,467       

mother, or other custodian or guardian of a child, a child                      

support enforcement agency PURSUANT TO SECTION 3111.21 OF THE      17,468       

REVISED CODE, A LOCAL REGISTRAR OF VITAL STATISTICS PURSUANT TO    17,469       

SECTION 3705.091 OF THE REVISED CODE, or a hospital staff person   17,470       

                                                          422    

                                                                 
pursuant to section 3727.17 of the Revised Code, in person or by   17,471       

mail, may file an acknowledgment of paternity in the probate       17,472       

court of the county in which the natural father, natural mother,   17,473       

or other guardian or custodian of the child resides, in the        17,474       

county in which the child resides, or the county in which the      17,475       

child was born WITH THE DIVISION OF CHILD SUPPORT IN THE           17,476       

DEPARTMENT OF HUMAN SERVICES, acknowledging that the child is the  17,477       

child of the natural father who signed the acknowledgment.  The    17,478       

acknowledgment of paternity shall state that the natural father    17,479       

who signs the acknowledgment of paternity acknowledges that he is  17,480       

the natural father of the named child and that he assumes the                   

parental duty of support of that child.  The acknowledgment of     17,482       

paternity BE MADE ON THE AFFIDAVIT PREPARED PURSUANT TO SECTION    17,483       

5101.324 OF THE REVISED CODE, shall be signed by the natural       17,484       

father and the natural mother in the presence of two competent     17,485       

and disinterested witnesses who are eighteen years of age or       17,486       

older and by the two witnesses.  If an acknowledgment of           17,487       

paternity is completed and filed in accordance with this section   17,488       

and if the acknowledgment is accompanied by the appropriate fee    17,489       

prescribed in section 2101.16 of the Revised Code, the probate     17,490       

court shall enter the acknowledgment upon its journal.             17,491       

Thereafter, AND EACH SIGNATURE SHALL BE NOTARIZED.  THE NATURAL    17,492       

FATHER AND MOTHER MAY SIGN AND HAVE THE SIGNATURE NOTARIZED        17,493       

OUTSIDE OF EACH OTHER'S PRESENCE.  AN ACKNOWLEDGMENT SHALL BE      17,496       

SENT TO THE DIVISION NO LATER THAN TEN DAYS AFTER IT HAS BEEN      17,497       

SIGNED AND NOTARIZED.  IF A PERSON KNOWS A MAN IS PRESUMED UNDER   17,498       

SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE CHILD  17,499       

DESCRIBED IN THIS SECTION, THE PERSON SHALL NOT NOTARIZE OR FILE   17,500       

AN ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS       17,501       

SECTION.                                                                        

      (2)(a)  ON THE FILING OF AN ACKNOWLEDGMENT PURSUANT TO       17,503       

DIVISION (A)(1) OF THIS SECTION, THE DIVISION SHALL EXAMINE THE    17,506       

ACKNOWLEDGMENT TO DETERMINE WHETHER IT IS COMPLETED CORRECTLY.     17,507       

THE DIVISION SHALL MAKE THE EXAMINATION NO LATER THAN FIVE DAYS    17,508       

                                                          423    

                                                                 
AFTER THE ACKNOWLEDGMENT IS FILED.  IF THE ACKNOWLEDGMENT IS       17,509       

COMPLETED CORRECTLY, THE DIVISION SHALL COMPLY WITH DIVISION       17,511       

(A)(2)(b) OF THIS SECTION.  IF THE ACKNOWLEDGMENT IS NOT           17,512       

COMPLETED CORRECTLY, THE DIVISION SHALL RETURN IT TO THE PERSON    17,513       

OR ENTITY THAT FILED IT.  THE PERSON OR ENTITY SHALL HAVE TEN      17,514       

DAYS FROM THE DATE THE DIVISION SENDS THE ACKNOWLEDGMENT BACK TO   17,515       

CORRECT IT AND RETURN IT TO THE DIVISION.  THE DIVISION SHALL      17,516       

SEND, ALONG WITH THE ACKNOWLEDGMENT, A NOTICE STATING WHAT NEEDS   17,517       

TO BE CORRECTED AND THE AMOUNT OF TIME THE PERSON OR ENTITY HAS    17,518       

TO MAKE THE CORRECTIONS AND RETURN THE ACKNOWLEDGMENT TO THE       17,519       

DIVISION.                                                                       

      IF THE PERSON OR ENTITY RETURNS THE ACKNOWLEDGMENT IN A      17,521       

TIMELY MANNER, THE DIVISION SHALL EXAMINE THE ACKNOWLEDGMENT       17,522       

AGAIN TO DETERMINE WHETHER IT HAS BEEN CORRECTLY COMPLETED.  IF    17,523       

THE ACKNOWLEDGMENT HAS BEEN CORRECTLY COMPLETED, THE DIVISION      17,524       

SHALL COMPLY WITH DIVISION (A)(2)(b) OF THIS SECTION.  IF THE      17,526       

ACKNOWLEDGMENT HAS NOT BEEN CORRECTLY COMPLETED THE SECOND TIME    17,527       

OR IF THE ACKNOWLEDGMENT IS NOT RETURNED TO THE DIVISION IN A      17,528       

TIMELY MANNER, THE ACKNOWLEDGMENT IS INVALID AND THE DIVISION      17,529       

SHALL RETURN IT TO THE PERSON OR ENTITY AND SHALL NOT ENTER IT     17,530       

INTO THE BIRTH REGISTRY.  IF THE DIVISION RETURNS AN               17,531       

ACKNOWLEDGMENT THE SECOND TIME, IT SHALL SEND A NOTICE TO THE                   

PERSON OR ENTITY STATING THE ERRORS IN THE ACKNOWLEDGMENT AND      17,532       

THAT THE ACKNOWLEDGMENT IS INVALID.                                17,533       

      (b)  IF THE DIVISION DETERMINES AN ACKNOWLEDGMENT IS         17,535       

CORRECTLY COMPLETED, THE DIVISION SHALL ENTER THE INFORMATION ON   17,537       

THE ACKNOWLEDGMENT INTO THE BIRTH REGISTRY PURSUANT TO DIVISION    17,539       

(D) OF THIS SECTION.  AFTER ENTERING THE INFORMATION IN THE        17,540       

REGISTRY, THE DIVISION SHALL SEND THE ACKNOWLEDGMENT TO THE        17,541       

DEPARTMENT OF HEALTH FOR STORAGE PURSUANT TO SECTION 3705.091 OF   17,542       

THE REVISED CODE.  THE DIVISION MAY REQUEST THAT THE DEPARTMENT    17,545       

OF HEALTH SEND BACK TO THE DIVISION ANY ACKNOWLEDGMENT THAT IS     17,546       

BEING STORED BY THE DEPARTMENT OF HEALTH PURSUANT TO THAT          17,547       

SECTION.                                                                        

                                                          424    

                                                                 
      (3)  AN ACKNOWLEDGMENT OF PATERNITY IS FINAL AND             17,549       

ENFORCEABLE WITHOUT RATIFICATION BY A COURT WHEN EITHER OF THE     17,550       

FOLLOWING HAS OCCURRED:                                                         

      (a)  THE ACKNOWLEDGMENT HAS BECOME FINAL PURSUANT TO         17,552       

SECTION 2151.232 OR 3111.211 OF THE REVISED CODE.                  17,553       

      (b)  THE ACKNOWLEDGMENT HAS BEEN FILED PURSUANT TO DIVISION  17,556       

(A)(1) OF THIS SECTION, THE INFORMATION ON THE ACKNOWLEDGMENT HAS  17,558       

BEEN ENTERED IN THE BIRTH REGISTRY PURSUANT TO DIVISION (D) OF     17,559       

THIS SECTION, THE ACKNOWLEDGMENT HAS NOT BEEN RESCINDED PURSUANT   17,560       

TO DIVISION (B) OF THIS SECTION, AND MORE THAN SIXTY DAYS HAVE     17,561       

ELAPSED SINCE THE DATE OF THE LAST SIGNATURE ON THE                17,562       

ACKNOWLEDGMENT.                                                                 

      THEREAFTER, the child is the child of the man who signed     17,566       

the acknowledgment of paternity, as though born to him in lawful   17,567       

wedlock, and, if the mother is unmarried, the man who signed the   17,568       

acknowledgment of paternity, the parents of the man who signed     17,569       

the acknowledgment of paternity, any relative of the man who       17,570       

signed the acknowledgment of paternity, the parents of the         17,571       

mother, and any relative of the mother may file a complaint                     

pursuant to section 3109.12 of the Revised Code requesting the     17,572       

granting under that section of reasonable companionship or         17,573       

visitation rights with respect to the child.                       17,574       

      (B)  After a probate court enters an acknowledgment upon     17,576       

its journal pursuant to division (A) of this section, the man who  17,578       

signed the acknowledgment of paternity is the father of the child               

and assumes the parental duty of support.  Notwithstanding         17,579       

section 3109.01 of the Revised Code, the parental duty of support  17,580       

of the father to the child shall continue beyond the age of        17,581       

majority as long as the child attends on a full-time basis any     17,582       

recognized and accredited high school.  The duty of support of     17,583       

the father shall continue during seasonal vacation periods.        17,584       

After the probate court enters the acknowledgment upon its         17,585       

journal, the                                                       17,586       

      (4)  ONCE THE ACKNOWLEDGMENT BECOMES FINAL PURSUANT TO THIS  17,589       

                                                          425    

                                                                 
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      17,591       

ASSUMES THE PARENTAL DUTY OF SUPPORT.  NOTWITHSTANDING SECTION     17,592       

3109.01 OF THE REVISED CODE, THE PARENTAL DUTY OF SUPPORT OF THE   17,594       

FATHER TO THE CHILD SHALL CONTINUE BEYOND THE AGE OF MAJORITY AS   17,595       

LONG AS THE CHILD ATTENDS ON A FULL-TIME BASIS ANY RECOGNIZED AND  17,596       

ACCREDITED HIGH SCHOOL, THE CHILD HAS A DEVELOPMENTAL DISABILITY   17,597       

AS DEFINED IN SECTION 5123.01 OF THE REVISED CODE, OR A CHILD      17,599       

SUPPORT ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES BEYOND   17,600       

THE AGE OF MAJORITY.  EXCEPT IN CASES IN WHICH THE CHILD HAS A     17,601       

DEVELOPMENTAL DISABILITY OR A CHILD SUPPORT ORDER PROVIDES THAT    17,602       

THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD AFTER THE CHILD       17,603       

REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN IN EFFECT AFTER   17,604       

THE CHILD REACHES AGE NINETEEN.                                    17,605       

      (b)  THE mother or other custodian or guardian of the child  17,607       

may file a complaint pursuant to section 2151.231 of the Revised   17,608       

Code in the court of common pleas of the county in which the       17,609       

child or the guardian or legal custodian of the child resides      17,610       

requesting the court to order the father to pay an amount for the  17,611       

support of the child, may contact the child support enforcement    17,612       

agency for assistance in obtaining the order, or may request an    17,613       

administrative officer of a child support enforcement agency to    17,614       

issue an administrative order for the payment of child support     17,615       

pursuant to division (D) of section 3111.20 of the Revised Code.   17,616       

      (c)  THE DIVISION SHALL NOTIFY THE DEPARTMENT OF HEALTH OF   17,619       

THE ACKNOWLEDGMENT.  IF THE ORIGINAL BIRTH RECORD IS INCONSISTENT               

WITH THE ACKNOWLEDGMENT THAT HAS BECOME FINAL, ON RECEIPT OF THE   17,620       

NOTICE, THE DEPARTMENT OF HEALTH SHALL, IN ACCORDANCE WITH         17,622       

SECTION 3705.09 OF THE REVISED CODE, PREPARE A NEW BIRTH RECORD                 

CONSISTENT WITH THE ACKNOWLEDGMENT THAT HAS BECOME FINAL AND       17,623       

SUBSTITUTE THE NEW RECORD FOR THE ORIGINAL BIRTH RECORD.           17,624       

      (B)(1)  NO LATER THAN SIXTY DAYS AFTER THE DATE OF THE       17,627       

LATEST SIGNATURE ON AN ACKNOWLEDGMENT OF PATERNITY FILED WITH THE  17,628       

                                                          426    

                                                                 
DIVISION PURSUANT TO DIVISION (A) OF THIS SECTION, EITHER PERSON   17,630       

WHO SIGNED THE ACKNOWLEDGMENT MAY RESCIND IT BY DOING BOTH OF THE  17,631       

FOLLOWING:                                                                      

      (a)  REQUESTING A DETERMINATION OF THE EXISTENCE OR          17,634       

NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO        17,635       

SECTION 3111.22 OF THE REVISED CODE WITH RESPECT TO THE CHILD WHO  17,637       

IS THE SUBJECT OF THE ACKNOWLEDGMENT.                                           

      (b)  NOTIFYING THE DIVISION IN WRITING THAT THE PARTY HAS    17,640       

COMPLIED WITH THE REQUIREMENTS OF DIVISION (B)(1)(a) OF THIS       17,642       

SECTION AND THE NAME OF THE CHILD SUPPORT ENFORCEMENT AGENCY       17,643       

CONDUCTING THE GENETIC TESTS.                                      17,644       

      ON THE SAME DAY THAT THE DIVISION RECEIVES THE NOTICE        17,646       

DESCRIBED IN DIVISION (B)(1)(b) OF THIS SECTION, IT SHALL CONTACT  17,648       

THE AGENCY INDICATED IN THE NOTICE TO VERIFY THAT THE PARTY        17,649       

SENDING THE NOTICE HAS COMPLIED WITH THE REQUIREMENTS OF DIVISION  17,650       

(B)(1)(a) OF THIS SECTION.  IF THE DIVISION VERIFIES COMPLIANCE    17,652       

WITH DIVISION (B)(1)(a) OF THIS SECTION AND THE NOTICE UNDER       17,654       

DIVISION (B)(1)(b) OF THIS SECTION WAS SENT WITHIN THE TIME LIMIT  17,655       

REQUIRED BY THIS DIVISION, THE RECISION OF THE ACKNOWLEDGMENT      17,656       

SHALL BE EFFECTIVE AS OF THE DATE THE DIVISION RECEIVED THE        17,657       

NOTICE.  IF THE DIVISION IS UNABLE TO VERIFY THAT THE REQUIREMENT  17,658       

OF DIVISION (B)(1)(a) OF THIS SECTION HAS BEEN MET, THE            17,660       

ACKNOWLEDGMENT SHALL NOT BE RESCINDED.                                          

      (2)  AFTER AN ACKNOWLEDGMENT BECOMES FINAL PURSUANT TO THIS  17,662       

SECTION OR SECTION 2151.232 OR 3111.211 OF THE REVISED CODE, A     17,663       

MAN PRESUMED TO BE THE FATHER OF THE CHILD PURSUANT TO SECTION     17,664       

3111.03 OF THE REVISED CODE WHO DID NOT SIGN THE ACKNOWLEDGMENT,                

EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT, OR A GUARDIAN OR      17,665       

LEGAL CUSTODIAN OF THE CHILD MAY BRING AN ACTION TO RESCIND THE    17,666       

ACKNOWLEDGMENT ON THE BASIS OF FRAUD, DURESS, OR MATERIAL MISTAKE  17,668       

OF FACT.  THE COURT SHALL TREAT THE ACTION AS AN ACTION TO         17,669       

DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD      17,670       

RELATIONSHIP PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE        17,671       

REVISED CODE.  AN ACTION PURSUANT TO DIVISION (B)(2) OF THIS       17,672       

                                                          427    

                                                                 
SECTION SHALL BE BROUGHT NO LATER THAN ONE YEAR AFTER THE          17,673       

ACKNOWLEDGMENT BECOMES FINAL.  THE ACTION MAY BE BROUGHT IN ONE    17,674       

OF THE FOLLOWING COURTS IN THE COUNTY IN WHICH THE CHILD, THE      17,675       

GUARDIAN OR CUSTODIAN OF THE CHILD, OR EITHER PERSON WHO SIGNED    17,676       

THE ACKNOWLEDGMENT RESIDES:                                                     

      (a)  THE JUVENILE COURT;                                     17,678       

      (b)  THE DOMESTIC RELATIONS DIVISION OF THE COURT OF COMMON  17,681       

PLEAS THAT HAS JURISDICTION PURSUANT TO SECTION 2301.03 OF THE     17,682       

REVISED CODE TO HEAR AND DETERMINE CASES ARISING UNDER CHAPTER     17,683       

3111. OF THE REVISED CODE.                                         17,684       

      (C)  A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, WHICHEVER  17,687       

IS APPLICABLE, SHALL FILE THE FOLLOWING WITH THE DIVISION:         17,688       

      (1)  AN ORDER ISSUED PURSUANT TO SECTION 3111.13 OF THE      17,691       

REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.     17,692       

      (2)  AN ORDER ISSUED PURSUANT TO SECTION 3111.22 OF THE      17,695       

REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT                   

THAT HAS BECOME FINAL AND ENFORCEABLE.                             17,696       

      ON THE FILING OF AN ORDER PURSUANT TO DIVISION (C) OF THIS   17,699       

SECTION, THE DIVISION SHALL ENTER THE INFORMATION ON THE ORDER IN  17,701       

THE BIRTH REGISTRY PURSUANT TO DIVISION (D) OF THIS SECTION.       17,702       

      (D)(1)  THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF   17,705       

HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A BIRTH REGISTRY THAT  17,706       

SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION CONTAINED IN        17,707       

ORDERS DETERMINING THE EXISTENCE OF A PARENT AND CHILD             17,708       

RELATIONSHIP AND ACKNOWLEDGMENTS OF PATERNITY REQUIRED TO BE       17,709       

FILED WITH THE DIVISION PURSUANT TO DIVISION (A) OR (C) OF THIS    17,711       

SECTION:                                                                        

      (a)  THE NAMES OF THE PARENTS OF THE CHILD SUBJECT TO THE    17,714       

ORDER OR ACKNOWLEDGMENT;                                                        

      (b)  THE NAME OF THE CHILD;                                  17,716       

      (c)  THE RESIDENT ADDRESS OF EACH PARENT AND EACH PARENT'S   17,719       

SOCIAL SECURITY NUMBER.                                                         

      (2)  THE REGISTRY ESTABLISHED PURSUANT TO THIS SECTION       17,721       

SHALL BE MAINTAINED AS PART OF AND BE ACCESSIBLE THROUGH THE       17,722       

                                                          428    

                                                                 
AUTOMATED SYSTEM CREATED PURSUANT TO SECTION 5101.322 OF THE       17,724       

REVISED CODE.  THE DIVISION SHALL MAKE COMPARISONS OF THE                       

INFORMATION IN THE REGISTRY WITH THE INFORMATION MAINTAINED BY     17,725       

THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTIONS 5101.312     17,726       

AND 5101.313 OF THE REVISED CODE.  THE DEPARTMENT SHALL MAKE THE   17,729       

COMPARISONS IN THE MANNER AND IN THE TIME INTERVALS REQUIRED BY    17,730       

THE RULES ADOPTED PURSUANT TO DIVISION (E) OF THIS SECTION.        17,731       

      (E)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES      17,734       

PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THE      17,737       

REQUIREMENTS OF THIS SECTION THAT ARE CONSISTENT WITH TITLE IV-D   17,739       

OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL          17,741       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   17,743       

110 STAT. 2105., 42 U.S.C. 651 ET SEQ.                             17,744       

      (F)  AS USED IN THIS SECTION, "BIRTH RECORD" HAS THE SAME    17,746       

MEANING AS IN SECTION 3705.01 OF THE REVISED CODE.                 17,747       

      Sec. 5101.315.  (A)  AS USED IN THIS SECTION:                17,749       

      (1)  "FINANCIAL INSTITUTION," "OBLIGOR," AND "OBLIGEE" HAVE  17,752       

THE SAME MEANING AS IN SECTION 3113.21 OF THE REVISED CODE.        17,754       

      (2)  "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION      17,757       

2301.34 OF THE REVISED CODE.                                       17,758       

      (B)  EACH FINANCIAL INSTITUTION DOING BUSINESS IN THIS       17,761       

STATE SHALL PROVIDE TO THE DIVISION OF CHILD SUPPORT IN THE        17,762       

DEPARTMENT OF HUMAN SERVICES EACH CALENDAR QUARTER THE NAME,       17,763       

ADDRESS, SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION         17,764       

NUMBER, AND OTHER IDENTIFYING INFORMATION FOR ANY INDIVIDUAL       17,765       

INCLUDED IN A REQUEST SENT BY THE DIVISION PURSUANT TO DIVISION    17,767       

(C) OF THIS SECTION WHO MAINTAINS AN ACCOUNT WITH THE FINANCIAL    17,768       

INSTITUTION.                                                                    

      (C)  THE DIVISION SHALL, ONCE EVERY CALENDAR QUARTER, SEND   17,771       

A REQUEST TO EVERY FINANCIAL INSTITUTION THAT CONTAINS THE NAME    17,774       

AND SOCIAL SECURITY NUMBER OR TAX IDENTIFICATION NUMBER OF ALL     17,775       

OBLIGORS IN DEFAULT UNDER A SUPPORT ORDER BEING ADMINISTERED BY A  17,776       

CHILD SUPPORT ENFORCEMENT AGENCY OF THIS STATE AND REQUESTS THAT   17,777       

THE FINANCIAL INSTITUTION PROVIDE INFORMATION ON THE OBLIGOR TO    17,778       

                                                          429    

                                                                 
THE DIVISION AS DESCRIBED IN DIVISION (B) OF THIS SECTION.         17,780       

      (D)  THE DIVISION SHALL ENTER INTO AN AGREEMENT WITH EACH    17,782       

FINANCIAL INSTITUTION SUBJECT TO THIS SECTION.  FINANCIAL          17,784       

INSTITUTIONS THAT PROVIDE INFORMATION TO THE DIVISION PURSUANT TO  17,786       

THIS SECTION SHALL BE REIMBURSED FOR THE ACTUAL, REASONABLE COSTS  17,787       

INCURRED IN PROVIDING THE INFORMATION, INCLUDING SALARIES,         17,788       

BENEFITS, EQUIPMENT AND COMPUTER SOFTWARE.                         17,789       

      (E)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES      17,792       

PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS     17,795       

SECTION THAT DO THE FOLLOWING:                                     17,796       

      (1)  GOVERN THE PROVISIONS OF AN AGREEMENT REQUIRED          17,798       

PURSUANT TO THIS SECTION AND THE PROCEDURE FOR ENTERING INTO SUCH  17,800       

AN AGREEMENT;                                                                   

      (2)  GOVERN THE FORM OF THE REQUEST REQUIRED PURSUANT TO     17,802       

DIVISION (C) OF THIS SECTION AND THE RESPONSE;                     17,804       

      (3)  GOVERN WHEN FOR EACH CALENDAR QUARTER THE REQUEST       17,806       

REQUIRED PURSUANT TO DIVISION (C) OF THIS SECTION AND THE          17,808       

RESPONSE MUST BE SENT;                                             17,810       

      (4)  GOVERN REIMBURSEMENTS UNDER DIVISION (D) OF THIS        17,812       

SECTION.                                                                        

      Sec. 5101.316.  THE DEPARTMENT OF HUMAN SERVICES MAY ENTER   17,814       

INTO AN AGREEMENT WITH A FOREIGN COUNTRY FOR THE ESTABLISHMENT OF  17,815       

AND ENFORCEMENT OF SUPPORT ORDERS ISSUED UNDER THE LAWS OF THAT    17,816       

COUNTRY IF THAT COUNTRY, AS PART OF THE AGREEMENT, AGREES TO       17,817       

ENFORCE SUPPORT ORDERS ISSUED UNDER THE LAWS OF THIS STATE.  THE   17,818       

DEPARTMENT MUST PROVIDE SERVICES UNDER THE PROGRAM OF SUPPORT      17,819       

ENFORCEMENT ESTABLISHED PURSUANT TO THIS SECTION TO A FOREIGN      17,820       

COUNTRY WITH WHICH THE DEPARTMENT HAS AN AGREEMENT UNDER THIS      17,822       

SECTION AND TO A FOREIGN COUNTRY DECLARED TO BE A FOREIGN                       

RECIPROCATING COUNTRY UNDER SECTION 459A OF THE "SOCIAL SECURITY   17,826       

ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK          17,831       

OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42        17,835       

U.S.C. 659A, THAT REQUESTS THE SERVICES.  THE DEPARTMENT SHALL     17,837       

PROVIDE THE SERVICES WITHOUT IMPOSING AN APPLICATION FEE OR ANY    17,838       

                                                          430    

                                                                 
OTHER COST ON THE FOREIGN COUNTRY OR THE OBLIGEE REQUESTING THE    17,839       

SERVICES.  THE DEPARTMENT MAY IMPOSE THE APPLICATION FEE OR OTHER  17,840       

COSTS ON THE OBLIGOR UNDER THE SUPPORT ORDER.  THE DEPARTMENT      17,841       

SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE     17,844       

GOVERNING THE PROCEDURE FOR ENTERING INTO A CONTRACT PURSUANT TO   17,845       

THIS SECTION, THE PROVISIONS OF THE CONTRACT, AND THE PROVISION    17,846       

OF SUPPORT ENFORCEMENT SERVICES, WHICH RULES SHALL BE CONSISTENT   17,847       

WITH SECTIONS 454 AND 459A OF THE "SOCIAL SECURITY ACT," AS        17,851       

AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY       17,856       

RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 U.S.C. 654 AND     17,860       

659A AND REGULATIONS ADOPTED UNDER THE ACT.                        17,861       

      Sec. 5101.317.  (A)  THE DEPARTMENT OF HUMAN SERVICES SHALL  17,864       

PROVIDE ANNUAL REVIEWS OF AND REPORTS TO THE SECRETARY OF HEALTH   17,865       

AND HUMAN SERVICES CONCERNING PROGRAMS OPERATED UNDER TITLE IV-D   17,867       

OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C.      17,872       

651, AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK           17,874       

OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, PURSUANT  17,875       

TO RULES ADOPTED BY THE DEPARTMENT UNDER DIVISION (B) OF THIS      17,876       

SECTION.                                                                        

      (B)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN   17,879       

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH    17,880       

THE FOLLOWING:                                                                  

      (1)  PROCEDURES FOR ANNUAL REVIEWS OF AND REPORTS TO THE     17,882       

SECRETARY OF HEALTH AND HUMAN SERVICES ON THE PROGRAMS OPERATED    17,883       

UNDER TITLE IV-D OF THE "SOCIAL SECURITY ACT," AS AMENDED,         17,888       

INCLUDING INFORMATION NECESSARY TO MEASURE COMPLIANCE WITH         17,889       

FEDERAL REQUIREMENTS FOR EXPEDITED PROCEDURES;                                  

      (2)  PROCEDURES FOR TRANSMITTING DATA AND CALCULATIONS       17,891       

REGARDING LEVELS OF ACCOMPLISHMENT AND RATES OF IMPROVEMENT FOR    17,892       

PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT FROM THE     17,893       

AUTOMATIC DATA PROCESSING SYSTEM REQUIRED UNDER SECTION 5101.322   17,894       

OF THE REVISED CODE TO THE SECRETARY OF HEALTH AND HUMAN           17,897       

SERVICES.                                                                       

      Sec. 5101.318.  THE DEPARTMENT MAY REQUEST THE ASSISTANCE    17,900       

                                                          431    

                                                                 
OF OTHER STATES IN ENFORCING SUPPORT ORDERS ISSUED BY THE COURTS   17,901       

AND CHILD SUPPORT ENFORCEMENT AGENCIES OF THIS STATE CONSISTENT    17,902       

WITH SECTION 466(a) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY    17,906       

THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION   17,911       

ACT OF 1996," 110 STAT. 2105, 42 U.S.C. 666(a).  THE DEPARTMENT,   17,915       

WHEN ENFORCING, PURSUANT TO CHAPTERS 2301., 3113., 3115., AND      17,916       

5101. OF THE REVISED CODE, SUPPORT ORDERS ISSUED IN OTHER STATES   17,917       

SHALL USE THE FORMS REQUIRED PURSUANT TO SECTIONS 452(a) AND       17,919       

454(9) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL   17,923       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   17,928       

110 STAT. 2105, 42 U.S.C. 652(a) AND 654(9).                       17,931       

      Sec. 5101.319.  (A) AS USED IN THIS SECTION:                 17,934       

      (1)  "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN        17,936       

SECTION 2301.373 OF THE REVISED CODE.                              17,937       

      (2)  "SUPPORT ORDER," "OBLIGOR," AND "OBLIGEE" HAVE THE      17,939       

SAME MEANING AS IN SECTION 2301.34 OF THE REVISED CODE.            17,942       

      (B)  THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF      17,945       

HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A CASE REGISTRY OF     17,946       

ALL SUPPORT ORDERS BEING ADMINISTERED OR OTHERWISE HANDLED BY A    17,947       

CHILD SUPPORT ENFORCEMENT AGENCY. THE REGISTRY SHALL INCLUDE ALL   17,948       

OF THE FOLLOWING INFORMATION:                                                   

      (1)  THE NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE      17,950       

NUMBER, OTHER IDENTIFICATION NUMBER, RESIDENCE TELEPHONE NUMBER,   17,951       

AND DATE OF BIRTH OF EACH OBLIGOR AND OBLIGEE UNDER A SUPPORT      17,952       

ORDER;                                                             17,953       

      (2)  PAYMENT INFORMATION INCLUDING THE PERIODIC SUPPORT      17,955       

AMOUNT DUE, ARREARAGES, PENALTIES FOR LATE PAYMENT, FEES, AMOUNTS  17,957       

COLLECTED, AND AMOUNTS DISTRIBUTED UNDER A SUPPORT ORDER;          17,958       

      (3)  LIENS IMPOSED ON REAL AND PERSONAL PROPERTY TO RECOVER  17,961       

ARREARAGES UNDER A SUPPORT ORDER;                                               

      (4)  WITH RESPECT TO A CHILD SUPPORT ORDER, THE NAME AND     17,963       

BIRTHDATE OF EACH CHILD SUBJECT TO THE ORDER;                      17,964       

      (5)  ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF     17,966       

HUMAN SERVICES PURSUANT TO RULES ADOPTED UNDER DIVISION (F) OF     17,968       

                                                          432    

                                                                 
THIS SECTION.                                                                   

      (C)  THE REGISTRY ESTABLISHED PURSUANT TO THIS SECTION       17,971       

SHALL BE MAINTAINED AS PART OF THE AUTOMATED SYSTEM CREATED        17,972       

PURSUANT TO SECTION 5101.322 OF THE REVISED CODE AND SHALL BE      17,974       

ACCESSED THROUGH THE SYSTEM.  THE DIVISION AND EACH CHILD SUPPORT  17,975       

ENFORCEMENT AGENCY SHALL MONITOR AND UPDATE THE REGISTRY, AND      17,976       

EACH AGENCY SHALL ENTER THE INFORMATION DESCRIBED IN DIVISION (B)  17,978       

OF THIS SECTION IN THE REGISTRY IN ACCORDANCE WITH RULES ADOPTED   17,979       

PURSUANT TO DIVISION (F) OF THIS SECTION.                          17,980       

      (D)  THE DIVISION SHALL MAKE COMPARISONS OF THE INFORMATION  17,983       

IN THE REGISTRY WITH THE INFORMATION MAINTAINED BY THE DEPARTMENT  17,984       

OF HUMAN SERVICES PURSUANT TO SECTIONS 5101.312 AND 5101.314 OF    17,985       

THE REVISED CODE.  THE DIVISION SHALL MAKE THE COMPARISONS IN THE  17,987       

MANNER AND IN THE TIME INTERVALS REQUIRED BY THE RULES ADOPTED     17,988       

PURSUANT TO DIVISION (F) OF THIS SECTION.  THE DIVISION SHALL      17,990       

MAKE REPORTS OF INFORMATION IN THE REGISTRY TO OTHER ENTITIES OF   17,991       

THE STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES AS REQUIRED    17,992       

BY THE RULES ADOPTED PURSUANT TO DIVISION (F) OF THIS SECTION.     17,993       

      (E)(1)  EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL ENTER    17,996       

INFORMATION INTO THE CASE REGISTRY AND MAINTAIN AND UPDATE THAT    17,997       

INFORMATION CONSISTENT WITH SECTIONS 454 AND 454A OF THE "SOCIAL   17,999       

SECURITY ACT" AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK  18,004       

OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42        18,009       

U.S.C. 654 AND 654A AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE  18,011       

ACT.                                                                            

      (2)  THE DIVISION AND EACH CHILD SUPPORT ENFORCEMENT AGENCY  18,014       

SHALL MONITOR THE REGISTRY CONSISTENT WITH SECTIONS 454 AND 454A   18,016       

OF THE "SOCIAL SECURITY ACT" AS AMENDED BY THE "PERSONAL           18,021       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,025       

AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT.                 18,027       

      (3)  THE DIVISION SHALL MAKE COMPARISONS OF INFORMATION IN   18,030       

THE CASE REGISTRY WITH INFORMATION MAINTAINED BY THE DEPARTMENT    18,031       

PURSUANT TO SECTIONS 5101.312 AND 5101.314 OF THE REVISED CODE     18,033       

AND PROVIDE INFORMATION IN THE CASE REGISTRY TO OTHER ENTITIES OF  18,034       

                                                          433    

                                                                 
THE STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES CONSISTENT     18,035       

WITH SECTIONS 453A(f), 454(16) AND (28), 454A(f), AND              18,039       

466(a)(5)(M) OF THE "SOCIAL SECURITY ACT" AS AMENDED BY THE        18,043       

"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT   18,048       

OF 1996," 42 U.S.C. 653A(f), 654(16) AND (28), 654A(f), AND        18,054       

666(a)(5)(M) AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT.    18,055       

      (F)  THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN   18,058       

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO BOTH OF   18,061       

THE FOLLOWING:                                                     18,062       

      (1)  ESTABLISH PROCEDURES GOVERNING ACTIONS REQUIRED BY      18,064       

DIVISION (E) OF THIS SECTION;                                      18,065       

      (2)  DESIGNATE ANY ADDITIONAL INFORMATION THAT MUST BE       18,067       

PLACED IN THE CASE REGISTRY CONSISTENT WITH SECTION 454A(e)(3) OF  18,069       

THE "SOCIAL SECURITY ACT" AS AMENDED BY THE "PERSONAL              18,074       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,078       

42 U.S.C. 654A(e)(3) AND ANY FEDERAL REGULATIONS ADOPTED UNDER     18,082       

THE ACT.                                                                        

      Sec. 5101.322.  If the (A)  THE department of human          18,092       

services develops SHALL ESTABLISH AND MAINTAIN a statewide,        18,093       

automated DATA PROCESSING system that is authorized under IN       18,094       

COMPLIANCE WITH Title IV-D of the "Social Security Act," 88 Stat.  18,095       

2351 (1975), 42 U.S.C. 651, as amended BY THE "PERSONAL            18,097       

RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996,"   18,098       

110 STAT. 2105, to support the enforcement of child support and    18,101       

if the automated system is operational, the automated system THAT  18,102       

shall be implemented in every county.  When the automated system   18,104       

becomes operational, every EVERY county shall accept the                        

automated system and, in accordance with the written instructions  18,105       

of the department for the implementation of the automated system,  18,106       

shall convert to the automated system all records that are         18,107       

maintained by any county entity and that are related to any case   18,108       

for which a local agency is enforcing a child support order in     18,109       

accordance with Title IV-D of the "Social Security Act," 88 Stat.  18,110       

2351 (1975), 42 U.S.C. 651, as amended BY THE "PERSONAL            18,112       

                                                          434    

                                                                 
RESPONSIBILITY AND WORK RECONCILIATION ACT OF 1996," 110 STAT.     18,113       

2105.                                                                           

      (B)  THE DEPARTMENT SHALL ADOPT RULES PURSUANT TO CHAPTER    18,116       

119. OF THE REVISED CODE CONCERNING ACCESS TO, AND USE OF, DATA    18,119       

MAINTAINED IN THE AUTOMATED SYSTEM THAT DO THE FOLLOWING:                       

      (1)  PERMIT ACCESS TO AND USE OF DATA ONLY TO THE EXTENT     18,121       

NECESSARY TO CARRY OUT PROGRAMS UNDER TITLE IV-D OF THE "SOCIAL    18,126       

SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED BY  18,129       

THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION   18,130       

ACT OF 1996," 110 STAT. 2105, AND SPECIFY THE DATA THAT MAY BE     18,131       

USED FOR PARTICULAR PROGRAM PURPOSES, AND THE PERSONNEL PERMITTED  18,132       

ACCESS TO THE DATA;                                                18,133       

      (2)  REQUIRE MONITORING OF ACCESS TO AND USE OF THE          18,135       

AUTOMATED SYSTEM TO PREVENT AND PROMPTLY IDENTIFY UNAUTHORIZED     18,136       

USE;                                                               18,137       

      (3)  ESTABLISH PROCEDURES TO ENSURE THAT ALL PERSONNEL WHO   18,139       

MAY HAVE ACCESS TO OR BE REQUIRED TO USE DATA ARE INFORMED OF      18,140       

APPLICABLE REQUIREMENTS AND PENALTIES AND HAVE BEEN TRAINED IN     18,141       

SECURITY PROCEDURES;                                               18,142       

      (4)  ESTABLISH ADMINISTRATIVE PENALTIES, UP TO AND           18,144       

INCLUDING DISMISSAL FROM EMPLOYMENT, FOR UNAUTHORIZED ACCESS TO,   18,145       

OR DISCLOSURE OR USE OF, DATA.                                     18,146       

      Sec. 5101.323.  (A)(1)  The division of child support in     18,158       

the department of human services shall establish a program to      18,159       

increase child support collections by publishing and distributing  18,160       

a series of posters displaying child support obligors who are      18,161       

delinquent in their support payments.  Each poster shall display   18,162       

photographs of, and information about, ten obligors who are        18,163       

liable for support arrearages and whose whereabouts are unknown    18,164       

to child support enforcement agencies.  Each poster shall list a   18,165       

toll-free telephone number for the division of child support that  18,166       

may be called to report information regarding the whereabouts of   18,167       

any of the obligors displayed on a poster.  The division may       18,168       

include any other information on the poster that it considers      18,169       

                                                          435    

                                                                 
appropriate.                                                       18,170       

      (2)  Any child support enforcement agency that chooses to    18,172       

participate in the poster program established under division       18,173       

(A)(1) of this section may submit names of obligors that meet the  18,174       

criteria in division (B) of this section to the division.  The     18,175       

division shall select obligors to be displayed on a poster from    18,176       

the names submitted by the agencies.                               18,177       

      (3)  The division shall send notice to each obligor whose    18,179       

name was submitted to be displayed on the poster.  The notice      18,180       

shall be sent by regular mail to the obligor's last known address  18,181       

and shall state that the obligor may avoid being included on the   18,182       

poster by doing all of the following within ninety days after      18,183       

receipt of the notice:                                             18,184       

      (a)  Make a payment to the DIVISION OF child support OR,     18,187       

PURSUANT TO DIVISION (I)(4) OF SECTION 2301.35 OF THE REVISED                   

CODE, THE CHILD SUPPORT enforcement agency that is at least equal  18,189       

to the amount of support the obligor is required to pay each       18,190       

month under the support order;                                                  

      (b)  Provide the CHILD SUPPORT ENFORCEMENT agency with the   18,192       

obligor's current address;                                         18,193       

      (c)  Provide the agency with evidence from each of the       18,195       

obligor's current employers of the obligor's current wages,        18,196       

salary, and other compensation;                                    18,197       

      (d)  Provide the agency with evidence that the obligor has   18,199       

arranged for withholding from the obligor's wages, salary, or      18,200       

other compensation to pay support and for payment of arrearages.   18,201       

      (4)  The child support enforcement agency shall determine    18,203       

whether any obligor whose name was submitted to be displayed on a  18,204       

poster has met all the conditions of division (A)(3) of this       18,205       

section.  If it determines that an obligor has done so, it shall   18,206       

give the division notice of its determination.  On receipt of the  18,207       

notice from the agency, the division shall remove the obligor      18,208       

from the list of obligors submitted by that agency before making   18,209       

the final selection of obligors for the poster.                    18,210       

                                                          436    

                                                                 
      (5)  The division shall publish and distribute the first     18,212       

set of posters throughout the state not later than October 1,      18,213       

1992.  The division shall publish and distribute subsequent sets   18,214       

of posters not less than twice annually.                           18,215       

      (B)  A child support enforcement agency may submit the name  18,217       

of a delinquent obligor to the division for inclusion on a poster  18,218       

only if all of the following apply:                                18,219       

      (1)  The obligor is subject to a support order and there     18,221       

has been an attempt to enforce the order through a public notice,  18,222       

a wage withholding order, a lien on property, a financial          18,223       

institution deduction order, or other court-ordered procedures.    18,224       

      (2)  The department of human services reviewed the           18,226       

obligor's records and confirms the child support enforcement       18,227       

agency's finding that the obligor's name and photograph may be     18,228       

submitted to be displayed on a poster.                             18,229       

      (3)  The agency does not know or is unable to verify the     18,231       

obligor's whereabouts.                                             18,232       

      (4)  The obligor is not a recipient of aid to dependent      18,234       

children, disability assistance, supplemental security income, or  18,235       

food stamps.                                                       18,236       

      (5)  The child support enforcement agency does not have      18,238       

evidence that the obligor has filed for protection under the       18,239       

federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.              18,240       

      (6)  The obligee gave written authorization to the agency    18,242       

to display the obligor on a poster.                                18,243       

      (7)  A legal representative of the agency and a child        18,245       

support enforcement administrator reviewed the case.               18,246       

      (8)  The agency is able to submit to the department a        18,248       

description and photograph of the obligor, a statement of the      18,249       

possible locations of the obligor, and any other information       18,250       

required by the department.                                        18,251       

      (C)  When the agency submits the name of an obligor to the   18,253       

division, it also shall submit the photograph and information      18,254       

described in division (B)(8) of this section.  It shall not        18,255       

                                                          437    

                                                                 
submit to the division the address of the obligee or any other     18,256       

personal information about the obligee.                            18,257       

      (D)  In accordance with Chapter 119. of the Revised Code,    18,259       

the division shall adopt rules for the operation of the poster     18,260       

program under this section.  The rules shall specify the           18,261       

following:                                                         18,262       

      (1)  Criteria and procedures for the division to use in      18,264       

reviewing the names of obligors submitted by child support         18,265       

enforcement agencies to be displayed on a poster and selecting     18,266       

the delinquent obligors to be included on a poster;                18,267       

      (2)  Procedures for providing the notice specified in        18,269       

division (A)(3) of this section;                                   18,270       

      (3)  Any other procedures necessary for the operation of     18,272       

the poster program.                                                18,273       

      (E)  The division shall use funds appropriated by the        18,275       

general assembly for child support administration to conduct the   18,276       

poster program under this section.                                 18,277       

      Sec. 5101.324.  (A)  The department of human services, in    18,287       

accordance with Chapter 119. of the Revised Code, shall adopt      18,288       

rules governing a child support enforcement agency in              18,289       

establishing a paternity compliance unit and in adopting a         18,290       

paternity compliance plan pursuant to section 2301.357 of the      18,291       

Revised Code.  The rules shall include, but shall not be limited   18,292       

to, provisions for the following:                                  18,293       

      (1)  The procedure an agency shall follow to adopt and       18,295       

submit a paternity plan to the department of human services;       18,296       

      (2)  The information an agency shall include in its adopted  18,298       

paternity compliance plan, including, but not limited to, the      18,299       

manner in which the agency will service Title IV-D cases in        18,300       

accordance with federally mandated timeframes and the manner in    18,301       

which the agency intends to service more cases in order to meet    18,302       

the federal requirements;                                          18,303       

      (3)  A requirement that all plans adopted by an agency       18,305       

include establishing a paternity compliance unit;                  18,306       

                                                          438    

                                                                 
      (4)  Any other procedures or requirements the department     18,308       

decides are necessary to adopt a paternity compliance plan and to  18,309       

establish a paternity compliance unit.                             18,310       

      (B)  The department of human services shall report annually  18,312       

to the speaker of the house of representatives and the president   18,313       

of the senate regarding the paternity compliance plans and         18,314       

paternity compliance units and the progress the county agencies    18,315       

have made toward meeting the federal requirements for quickly and  18,316       

efficiently establishing parent and child relationships due to     18,317       

the paternity compliance plans and units.  The report shall        18,318       

include statistics on how long a case takes to establish           18,319       

paternity and the result of each request for a determination of    18,320       

the existence or nonexistence of paternity.                        18,321       

      (C)  The department of human services shall prepare          18,323       

pamphlets that discuss the benefit of establishing a parent and    18,324       

child relationship, the proper procedure for establishing a        18,325       

parent and child relationship between a father and his child, and  18,326       

a toll-free telephone number that interested persons may call for  18,327       

more information regarding the procedures for establishing a       18,328       

parent and child relationship.  The department shall make          18,329       

available the pamphlets AND AFFIDAVITS AND STATEMENTS DESCRIBED    18,330       

IN DIVISION (D) OF THIS SECTION to the department of health, TO    18,331       

EACH HOSPITAL IT HAS A CONTRACT WITH PURSUANT TO SECTION 3727.17   18,332       

OF THE REVISED CODE, and to any individual who requests a          18,333       

pamphlet.                                                                       

      (D)(1)  The department of human services shall prepare an    18,335       

acknowledgment of paternity statement AFFIDAVIT that includes in   18,336       

boldface type at the top of the statement AFFIDAVIT the rights     18,337       

and responsibilities of and the due process safeguards afforded    18,339       

to a person who acknowledges that he is the natural father of a    18,340       

child, including that if an alleged father acknowledges a parent   18,341       

and child relationship he assumes the parental duty of support,    18,342       

that both signators waive any right to a jury trial BRING AN       18,343       

ACTION PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE REVISED      18,344       

                                                          439    

                                                                 
CODE OR MAKE A REQUEST PURSUANT TO SECTION 3111.22 OF THE REVISED  18,345       

CODE, OTHER THAN FOR PURPOSES OF RESCINDING THE ACKNOWLEDGMENT                  

PURSUANT TO DIVISION (B) OF SECTION 5101.314 OF THE REVISED CODE   18,346       

in order to ensure expediency in resolving the question of the     18,348       

existence of a parent and child relationship, THAT EITHER PARENT   18,349       

MAY RESCIND THE ACKNOWLEDGMENT PURSUANT TO DIVISION (B) OF                      

SECTION 5101.314 OF THE REVISED CODE, and that the natural father  18,350       

has the right to petition a court pursuant to section 3109.12 of   18,351       

the Revised Code for an order granting him reasonable visitation   18,352       

with respect to the child and to petition the court for custody    18,353       

of the child pursuant to section 2151.23 of the Revised Code.      18,354       

The statement AFFIDAVIT shall include basic ALL OF THE FOLLOWING:  18,356       

      (a)  BASIC instructions for completing the form, including   18,359       

instructions that both the natural father and the mother or other  18,360       

legal guardian or custodian of the child are required to sign the  18,361       

statement before two competent and disinterested witnesses who     18,362       

are eighteen years of age or older. The statement shall include    18,363       

signature, THAT THEY MAY SIGN THE STATEMENT WITHOUT BEING IN EACH  18,364       

OTHER'S PRESENCE, AND THAT THE SIGNATURES MUST BE NOTARIZED.       18,366       

      (b)  BLANK SPACES TO ENTER THE FULL NAME, SOCIAL SECURITY    18,369       

NUMBER, DATE OF BIRTH AND ADDRESS OF EACH PARENT;                  18,370       

      (c)  BLANK SPACES TO ENTER THE FULL NAME, DATE OF BIRTH,     18,373       

AND THE RESIDENCE OF THE CHILD;                                                 

      (d)  A BLANK SPACE TO ENTER THE NAME OF THE HOSPITAL OR      18,376       

DEPARTMENT OF HEALTH CODE NUMBER ASSIGNED TO THE HOSPITAL, FOR     18,377       

USE IN SITUATIONS IN WHICH THE HOSPITAL FILLS OUT THE FORM         18,378       

PURSUANT TO SECTION 3727.17 OF THE REVISED CODE;                   18,380       

      (e)  AN AFFIRMATION BY THE MOTHER THAT THE INFORMATION SHE   18,383       

SUPPLIED IS TRUE TO THE BEST OF HER KNOWLEDGE AND BELIEF AND THAT  18,384       

SHE IS THE NATURAL MOTHER OF THE CHILD NAMED ON THE FORM AND       18,385       

ASSUMES THE PARENTAL DUTY OF SUPPORT OF THE CHILD;                 18,386       

      (f)  AN AFFIRMATION BY THE FATHER THAT THE INFORMATION HE    18,389       

SUPPLIED IS TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT HE  18,390       

HAS RECEIVED INFORMATION REGARDING HIS LEGAL RIGHTS AND            18,391       

                                                          440    

                                                                 
RESPONSIBILITIES, THAT HE CONSENTS TO THE JURISDICTION OF THE      18,392       

COURTS OF THIS STATE, AND THAT HE IS THE NATURAL FATHER OF THE     18,393       

CHILD NAMED ON THE FORM AND ASSUMES THE PARENTAL DUTY OF SUPPORT   18,394       

OF THE CHILD;                                                                   

      (g)  SIGNATURE lines for the mother or other legal guardian  18,397       

or custodian of the child, AND the natural father, and each        18,398       

witness;                                                                        

      (h)  SIGNATURE LINES FOR THE NOTARY PUBLIC;                  18,400       

      (i)  AN INSTRUCTION TO INCLUDE OR ATTACH ANY OTHER EVIDENCE  18,403       

NECESSARY TO COMPLETE THE NEW BIRTH RECORD THAT IS REQUIRED BY     18,404       

THE DEPARTMENT BY RULE.                                                         

      (2)  The department of human services shall prepare an       18,406       

agreement to genetic testing statement that includes a statement   18,407       

that the mother and the alleged natural father agree to be bound   18,408       

by the results of genetic testing, that both signators waive any   18,409       

right to a jury trial in order to ensure expediency in resolving   18,411       

the question of the existence of a parent and child relationship,  18,412       

that if the results of the genetic testing show a ninety-five per  18,413       

cent or greater probability that the alleged father is the         18,414       

natural father of the child, the administrative officer of the     18,415       

child support enforcement agency will issue an administrative      18,416       

order determining the existence of a parent and child              18,417       

relationship, that if the results show a less than ninety-five     18,418       

per cent probability that the alleged father is the natural        18,419       

father of the child but do not exclude him as the father, the      18,420       

administrative officer will issue an administrative order stating  18,421       

that the results are inconclusive as to whether the alleged        18,422       

natural father is the natural father of the child, and, if the     18,423       

results of genetic testing exclude the alleged natural father as   18,424       

the natural father of the child, the agency will issue an order    18,425       

determining the nonexistence of a parent and child relationship,   18,426       

that if the agency determines a parent and child relationship      18,427       

exists between the alleged father and the child, the father        18,428       

assumes the parental duty of support and he may be required to     18,429       

                                                          441    

                                                                 
pay child support, and that if a parent and child relationship     18,430       

exists between the alleged father and the child, the father has    18,431       

the right to petition a court pursuant to section 3109.12 of the   18,432       

Revised Code for an order granting him reasonable visitation with  18,433       

respect to the child and to petition the court for custody of the  18,434       

child pursuant to section 2151.23 of the Revised Code.  The        18,435       

statement shall include basic instructions for completing the      18,436       

agreement, including that both the mother and the alleged natural  18,437       

father must sign the agreement before two competent and            18,438       

disinterested witnesses who are eighteen years of age or older.    18,439       

The statement shall include signature lines for the mother, the    18,440       

alleged natural father, and each witness THE DEPARTMENT OF HUMAN   18,443       

SERVICES, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL     18,444       

ADOPT RULES SPECIFYING ADDITIONAL EVIDENCE NECESSARY TO COMPLETE   18,445       

A NEW BIRTH RECORD THAT IS REQUIRED TO BE INCLUDED WITH AN         18,446       

ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT.                                          

      (3)  The department of human services shall make available   18,448       

the statement AFFIDAVIT acknowledging paternity and the agreement  18,450       

to genetic testing to each county child support enforcement        18,451       

agency, the department of health, and any other person or agency   18,452       

that requests copies.                                              18,453       

      Sec. 5101.325.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION (I)   18,456       

OF SECTION 2301.35 OF THE REVISED CODE, THE DIVISION OF CHILD      18,458       

SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES SHALL BE THE SOLE      18,459       

AGENCY OF THE STATE RESPONSIBLE FOR THE COLLECTION OF ALL SUPPORT  18,460       

PAYMENTS DUE UNDER SUPPORT ORDERS AND THE DISBURSEMENT OF THE      18,462       

PAYMENTS TO OBLIGEES.  THE DIVISION SHALL MAKE COLLECTIONS AND     18,463       

DISBURSEMENTS IN COMPLIANCE WITH RULES ADOPTED PURSUANT TO         18,464       

DIVISION (F) OF THIS SECTION.                                                   

      (2)  IN ORDER TO COMPLY WITH ITS COLLECTION AND              18,466       

DISBURSEMENT RESPONSIBILITIES, THE DIVISION MAY REQUIRE THE        18,467       

DIRECTOR OF EACH CHILD SUPPORT ENFORCEMENT AGENCY TO AUTHORIZE     18,468       

THE DIVISION TO USE THAT DIRECTOR'S FACSIMILE SIGNATURE IF THE     18,469       

DIVISION DETERMINES THE SIGNATURE'S USE IS NECESSARY.  AN AGENCY   18,470       

                                                          442    

                                                                 
DIRECTOR SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR                

ANY DAMAGE OR INJURY TO PERSONS OR PROPERTY THAT RESULT FROM THE   18,471       

USE OF THE FACSIMILE SIGNATURE BY THE STATE.                       18,472       

      (B)(1)  THE DIVISION SHALL COLLECT THE CHARGE IMPOSED ON     18,474       

THE OBLIGOR UNDER THE SUPPORT ORDER PURSUANT TO DIVISION (H)(1)    18,475       

OF SECTION 2301.35 OF THE REVISED CODE.  IF AN OBLIGOR FAILS TO    18,477       

PAY THE REQUIRED AMOUNT WITH EACH CURRENT SUPPORT PAYMENT DUE IN   18,478       

INCREMENTS SPECIFIED UNDER THE SUPPORT ORDER, THE DIVISION SHALL   18,479       

MAINTAIN A SEPARATE ARREARAGE ACCOUNT OF THAT AMOUNT FOR THAT      18,480       

OBLIGOR.  THE DIVISION SHALL NOT DEDUCT THE UNPAID AMOUNT FROM     18,481       

ANY SUPPORT PAYMENT DUE TO THE OBLIGEE IN INCREMENTS SPECIFIED     18,482       

UNDER THE SUPPORT ORDER.  IF AN OBLIGOR PAYS THE REQUIRED AMOUNT,  18,483       

THE DIVISION IS NOT REQUIRED TO APPLY THAT PAYMENT TOWARD ANY      18,484       

ARREARAGES UNDER THE SUPPORT PAYMENT.                              18,485       

      (2)  THE DIVISION, ON RECEIPT OF PROGRAM INCOME FROM A       18,487       

CHILD SUPPORT ENFORCEMENT AGENCY UNDER SECTION 3111.99 OR 3113.99  18,488       

OF THE REVISED CODE, SHALL PLACE IT IN THE PROGRAM INCOME FUND     18,489       

ESTABLISHED PURSUANT TO DIVISION (E) OF THIS SECTION.              18,490       

      (3)  ALL CHARGE AMOUNTS COLLECTED PURSUANT TO DIVISION       18,493       

(B)(1) OF THIS SECTION SHALL BE PLACED IN THE PROGRAM INCOME FUND  18,494       

ESTABLISHED PURSUANT TO DIVISION (E) OF THIS SECTION.  ON RECEIPT  18,496       

OF THE CHARGES, THE DIVISION SHALL DETERMINE THE CHARGE AMOUNTS    18,497       

COLLECTED FROM OBLIGORS UNDER SUPPORT ORDERS BEING ADMINISTERED    18,498       

BY A CHILD SUPPORT ENFORCEMENT AGENCY IN EACH COUNTY AND SHALL     18,499       

DISTRIBUTE QUARTERLY TO EACH SUCH AGENCY AN AMOUNT EQUAL TO THE    18,500       

CHARGES ATTRIBUTABLE TO THE AGENCY.  NO CHARGE AMOUNTS COLLECTED   18,502       

PURSUANT TO THIS DIVISION SHALL BE USED BY THE DIVISION OR AN      18,503       

AGENCY FOR ANY PURPOSE OTHER THAN THE PROVISION OF FUNDS FOR       18,504       

SUPPORT ENFORCEMENT ACTIVITIES.                                                 

      (C)  THE DIVISION MAY ENTER INTO CONTRACTS WITH PUBLIC       18,507       

ENTITIES OR PRIVATE VENDORS FOR THE COLLECTION OF AMOUNTS DUE      18,508       

UNDER SUPPORT ORDERS OR FOR THE PERFORMANCE OF OTHER               18,509       

ADMINISTRATIVE DUTIES OF THE DIVISION.  THE DIVISION MAY CONTRACT  18,510       

WITH A PUBLIC OR PRIVATE ENTITY FOR THE COLLECTION OF ARREARAGES   18,511       

                                                          443    

                                                                 
OWED UNDER ANY CHILD SUPPORT ORDER FOR WHICH A COURT OR A CHILD    18,513       

SUPPORT ENFORCEMENT AGENCY HAS FOUND THE OBLIGOR IN DEFAULT        18,514       

PURSUANT TO A FINAL AND ENFORCEABLE ORDER ISSUED PURSUANT TO       18,515       

DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE.  EACH         18,516       

CONTRACT SHALL COMPLY WITH THE RULES ADOPTED PURSUANT TO DIVISION  18,518       

(F) OF THIS SECTION.                                                            

      (D)  THE DIVISION SHALL MAINTAIN A SEPARATE ACCOUNT FOR THE  18,521       

DEPOSIT OF SUPPORT PAYMENTS IT RECEIVES AS TRUSTEE FOR REMITTANCE  18,522       

TO THE PERSONS ENTITLED TO RECEIVE THE SUPPORT PAYMENTS.  THE      18,523       

DIVISION SHALL DISBURSE EACH SUPPORT PAYMENT RECEIVED BY IT TO     18,525       

THE APPROPRIATE PERSONS PURSUANT TO DIVISION (C) OF SECTION                     

3113.211 OF THE REVISED CODE.  THE DIVISION SHALL COMPLY WITH      18,527       

RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION TO ASSIST IN THE  18,528       

IMPLEMENTATION OF THIS DIVISION.  THE DIVISION SHALL RETAIN AND                 

USE SOLELY FOR SUPPORT ENFORCEMENT ACTIVITIES, ALL INTEREST        18,530       

EARNED ON MONEYS IN ANY ACCOUNT MAINTAINED PURSUANT TO THIS        18,531       

DIVISION.                                                                       

      (E)  THE PROGRAM INCOME FUND IS HEREBY CREATED IN THE STATE  18,533       

TREASURY.  THE FUND SHALL CONSIST OF CHARGE AMOUNTS COLLECTED      18,535       

UNDER DIVISION (B)(1) OF THIS SECTION AND PROGRAM INCOME           18,536       

COLLECTED UNDER DIVISION (B)(2) OF THIS SECTION, DIVISION (E) OF   18,537       

SECTION 3111.99 OF THE REVISED CODE, AND DIVISION (E) OF SECTION   18,538       

3113.99 OF THE REVISED CODE, AND ANY OTHER PROGRAM INCOME.  THE    18,539       

FUNDS SHALL BE USED BY THE DIVISION OF CHILD SUPPORT AND CHILD     18,540       

SUPPORT ENFORCEMENT AGENCIES FOR PURPOSES OF PROVIDING FUNDS FOR   18,541       

CHILD SUPPORT ENFORCEMENT ACTIVITIES.                              18,542       

      (F)  THE DEPARTMENT OF HUMAN SERVICES, PURSUANT TO CHAPTER   18,545       

119. OF THE REVISED CODE SHALL ADOPT RULES THAT DO ALL OF THE      18,547       

FOLLOWING:                                                                      

      (1)  GOVERN COLLECTION AND DISBURSEMENT OF CHILD SUPPORT     18,549       

AMOUNTS IN COMPLIANCE WITH SECTIONS 454, 454B, AND 466 OF THE      18,552       

"SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY  18,556       

AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105,  18,561       

42 U.S.C. 654, 654B, AND 666, AND ANY REGULATIONS ADOPTED UNDER    18,564       

                                                          444    

                                                                 
THE ACT;                                                                        

      (2)  GOVERNING THE METHOD OF SENDING PROCESSING CHARGE       18,566       

AMOUNTS TO CHILD SUPPORT ENFORCEMENT AGENCIES;                     18,567       

      (3)  ASSIST IN THE IMPLEMENTATION OF SEPARATE ACCOUNTS FOR   18,569       

SUPPORT PAYMENTS RECEIVED BY THE DIVISION;                         18,570       

      (4)  GOVERN THE PROCESS OF ENTERING INTO AND THE PROVISIONS  18,573       

OF CONTRACTS DESCRIBED IN DIVISION (C) OF THIS SECTION.            18,574       

      Sec. 5101.326.  THE DIVISION OF CHILD SUPPORT IN THE         18,576       

DEPARTMENT OF HUMAN SERVICES MAY ASK THE SECRETARY OF THE          18,577       

TREASURY FOR, AND MAY ENTER INTO A RECIPROCAL AGREEMENT WITH THE   18,578       

SECRETARY TO OBTAIN, ADMINISTRATIVE OFFSETS TO COLLECT PAST DUE    18,579       

CHILD SUPPORT AMOUNTS IN ACCORDANCE WITH THE "DEBT COLLECTION      18,580       

IMPROVEMENT ACT OF 1996," 110 STAT. 1321, 31 U.S.C. 3716(a) AND    18,581       

(h).  THE DIVISION SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER    18,582       

119. OF THE REVISED CODE TO ESTABLISH PROCEDURES NECESSARY TO      18,583       

RECEIVE THE ADMINISTRATIVE OFFSETS.                                             

      Sec. 5101.327.  (A)  AS USED IN THIS SECTION, "SUPPORT       18,585       

ORDER" HAS THE SAME MEANING AS IN SECTION 2301.34 OF THE REVISED   18,587       

CODE.                                                                           

      (B)  THE DIRECTOR OF COMMERCE SHALL PROVIDE THE DIVISION OF  18,589       

CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES NO LATER THAN    18,590       

THE FIRST DAY OF MARCH OF EACH YEAR, THE NAME, ADDRESS, SOCIAL     18,592       

SECURITY NUMBER, IF THE SOCIAL SECURITY NUMBER IS AVAILABLE, AND   18,593       

ANY OTHER IDENTIFYING INFORMATION FOR ANY INDIVIDUAL INCLUDED IN   18,594       

A REQUEST SENT BY THE DIVISION PURSUANT TO DIVISION (C) OF THIS    18,596       

SECTION WHO HAS UNCLAIMED FUNDS DELIVERED OR REPORTED TO THE       18,597       

STATE UNDER CHAPTER 169. OF THE REVISED CODE.                      18,598       

      (C)  THE DIVISION SHALL, NO LATER THAN THE FIRST DAY OF      18,601       

FEBRUARY OF EACH YEAR, SEND TO THE DIRECTOR OF COMMERCE A REQUEST  18,602       

CONTAINING THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OF ALL    18,603       

OBLIGORS IN DEFAULT UNDER A SUPPORT ORDER BEING ADMINISTERED BY A  18,604       

CHILD SUPPORT ENFORCEMENT AGENCY OF THIS STATE AND REQUESTS THAT   18,605       

THE DIRECTOR PROVIDE INFORMATION TO THE DIVISION AS REQUIRED IN    18,606       

DIVISION (B) OF THIS SECTION.  IF THE INFORMATION THE DIRECTOR     18,608       

                                                          445    

                                                                 
PROVIDES IDENTIFIES OR RESULTS IN IDENTIFYING UNCLAIMED FUNDS      18,609       

HELD BY THE STATE FOR AN OBLIGOR IN DEFAULT, THE DIVISION SHALL    18,610       

FILE A CLAIM UNDER SECTION 169.08 OF THE REVISED CODE TO RECOVER                

THE UNCLAIMED FUNDS.  IF THE DIRECTOR ALLOWS THE CLAIM, THE        18,611       

DIRECTOR SHALL PAY THE CLAIM DIRECTLY TO THE DIVISION.  THE        18,612       

DIRECTOR SHALL NOT DISALLOW A CLAIM MADE BY THE DIVISION BECAUSE   18,613       

THE DIVISION IS NOT THE OWNER OF THE UNCLAIMED FUNDS ACCORDING TO  18,614       

THE REPORT MADE PURSUANT TO SECTION 169.03 OF THE REVISED CODE.    18,615       

      (D)  THE DEPARTMENT OF HUMAN SERVICES, IN CONSULTATION WITH  18,617       

THE DEPARTMENT OF COMMERCE, MAY ADOPT RULES IN ACCORDANCE WITH     18,618       

CHAPTER 119. OF THE REVISED CODE TO AID IN IMPLEMENTATION OF THIS  18,619       

SECTION.                                                                        

      Sec. 5101.37.  (A)  The department of human services and     18,629       

each child support enforcement agency may make any investigations  18,630       

that are necessary in the performance of its THEIR duties, and to  18,631       

that end they shall have the same power as a judge of a county     18,632       

court to administer oaths and to enforce the attendance and        18,633       

testimony of witnesses and the production of books or papers.      18,634       

      The department and each child support enforcement agency     18,636       

shall keep a record of its THEIR investigations stating the time,  18,637       

place, charges or subject, witnesses summoned and examined, and    18,638       

its THEIR conclusions.                                             18,639       

      In matters involving the conduct of an officer, a            18,641       

stenographic report of the evidence shall be taken and a copy of   18,642       

the report, with all documents introduced, kept on file at the     18,643       

office of the department or the agency.                            18,644       

      The fees of witnesses for attendance and travel shall be     18,646       

the same as in the court of common pleas, but no officer or        18,647       

employee of the institution under investigation is entitled to     18,648       

such fees.                                                         18,649       

      (B)  In conducting hearings pursuant to sections 3113.21 to  18,651       

3113.217 3113.216 or pursuant to division (B) of section 5101.35   18,653       

of the Revised Code, the department and each child support         18,655       

enforcement agency have the same power as a judge of a county      18,656       

                                                          446    

                                                                 
court to administer oaths and to enforce the attendance and        18,657       

testimony of witnesses and the production of books or papers.      18,658       

The department and each agency shall keep a record of those        18,659       

hearings stating the time, place, charges or subject, witnesses    18,660       

summoned and examined, and its THEIR conclusions.                  18,661       

      The issuance of a subpoena by the department or a child      18,663       

support enforcement agency to enforce attendance and testimony of  18,664       

witnesses and the production of books or papers at a hearing is    18,665       

discretionary and the department or agency is not required to pay  18,666       

the fees of witnesses for attendance and travel.                   18,667       

      (C)  Any judge of the probate court or of the court of       18,669       

common pleas, upon application of the department or a child        18,670       

support enforcement agency, may compel the attendance of           18,671       

witnesses, the production of books or papers, and the giving of    18,672       

testimony before the department or agency, by a judgment for       18,673       

contempt or otherwise, in the same manner as in cases before       18,674       

those courts.                                                      18,675       

      Sec. 5107.07.  (A)  The acceptance of aid under this         18,684       

chapter constitutes an assignment to the department of human       18,685       

services of any rights an individual receiving aid has to support  18,686       

from any other person, excluding medical support assigned          18,687       

pursuant to section 5101.59 of the Revised Code.  The rights to    18,688       

support assigned to the department pursuant to this section        18,689       

constitute an obligation of the person who is responsible for      18,690       

providing the support to the state for the amount of aid payments  18,691       

to the recipient or recipients whose needs are included in         18,692       

determining the amount of aid received.  Support payments          18,693       

assigned to the state pursuant to this section shall be collected  18,694       

by the county administration DIVISION OF CHILD SUPPORT IN THE      18,695       

DEPARTMENT OF HUMAN SERVICES, and reimbursements for aid payments  18,696       

shall be credited to the county, state, and federal governments    18,697       

in the same proportions as they participate in the financing of    18,698       

such payments.  Support obligations owed to children shall be      18,699       

distributed in accordance with laws and rules applicable to the    18,700       

                                                          447    

                                                                 
federal child support program under the "Social Services           18,701       

Amendments of 1974," 88 Stat. 2351, 42 U.S.C.A. 651, as amended.   18,702       

      (B)  If a child support enforcement agency THE DIVISION      18,704       

receives in any month support payments that are made in            18,705       

accordance with a support order and that are subject to division   18,706       

(A) of this section, the agency DIVISION, in accordance with       18,707       

division (A) of this section and the rules adopted pursuant to     18,708       

division (D) of this section, shall pay the support payments to    18,709       

the department of human services.  Upon receipt of any support     18,710       

payments pursuant to this division, the department, in accordance  18,711       

with the rules adopted pursuant to division (D) of this section    18,712       

and to the extent applicable, shall do all of the following:       18,713       

      (1)  If any of the support payments are received by the      18,715       

child support enforcement agency in the month in which they were   18,716       

due under the support order, pay the first fifty dollars of those  18,717       

payments or the amount payable pursuant to division (E) of this    18,718       

section to the obligee no later than fifteen days after the last   18,719       

of those payments were received in the applicable month by the     18,720       

agency DIVISION;                                                   18,721       

      (2)  If any of the support payments are received by the      18,723       

child support enforcement agency in a month subsequent to the      18,724       

month in which the payments were due under the support order and   18,725       

if the obligor made the support payments in the month in which     18,726       

they were due under the support order, pay the first fifty         18,727       

dollars of those support payments or the amount payable pursuant   18,728       

to division (E) of this section to the obligee no later than       18,729       

fifteen days after the last of those payments were received in     18,730       

the applicable month by the agency DIVISION;                       18,731       

      (3)  If divisions (B)(1) and (2) of this section are not     18,733       

applicable, pay the full amount of the support payments to the     18,734       

appropriate governmental entities in accordance with division (A)  18,735       

of this section and the rules adopted pursuant to division (D) of  18,736       

this section.                                                      18,737       

      (C)  Child support collections received by the state         18,739       

                                                          448    

                                                                 
pursuant to this section shall be deposited in the state treasury  18,740       

to the credit of the child support collections fund, which is      18,741       

hereby created.  Money credited to the fund shall be used to make  18,742       

aid payments under this chapter.                                   18,743       

      (D)  The department of human services, in accordance with    18,745       

section 111.15 of the Revised Code, shall adopt rules              18,746       

establishing procedures for the administration of this section.    18,747       

The rules shall include, but are not limited to, all of the        18,748       

following:                                                         18,749       

      (1)  Procedures to ensure that the payments required by      18,751       

divisions (B)(1) and (2) of this section are made within the       18,752       

required period of time;                                           18,753       

      (2)  Procedures establishing a period of time within which   18,755       

child support enforcement agencies are required to pay support     18,756       

payments to the department of human services pursuant to division  18,757       

(B) of this section, which specified period of time shall enable   18,758       

the department to comply with the time deadlines in divisions      18,759       

(B)(1) and (2) of this section;                                    18,760       

      (3)  Procedures to ensure compliance with division (E) of    18,762       

this section;                                                      18,763       

      (4)(3)  Any other procedures necessary to ensure compliance  18,765       

with any applicable state or federal laws.                         18,766       

      (E)  If the amount of support payments that federal law      18,768       

requires to be disregarded in determining eligibility for aid      18,769       

under this chapter exceeds fifty dollars, the amount paid to an    18,770       

obligee pursuant to divisions (B)(1) and (2) of this section       18,771       

shall be the amount that federal law requires to be disregarded    18,772       

when determining the eligibility of the family of an obligee for   18,773       

aid under this chapter.                                            18,774       

      (F)  As used in this section, "support order," "support,"    18,776       

"obligee," and "obligor" have the same meanings as in section      18,777       

3113.21 of the Revised Code.                                       18,778       

      Section 2.  That existing sections 149.43, 169.03, 169.08,   18,780       

329.04, 1336.07, 1336.08, 1349.01, 1533.82, 2105.18, 2151.23,      18,782       

                                                          449    

                                                                 
2151.231, 2151.33, 2151.49, 2301.34, 2301.35, 2301.353, 2301.356,  18,783       

2301.357, 2301.358, 2301.36, 2301.37, 2301.371, 2301.373,          18,784       

2301.374, 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,    18,787       

3111.02, 3111.03, 3111.04, 3111.06, 3111.07, 3111.09, 3111.12,     18,788       

3111.13, 3111.20, 3111.22, 3111.23, 3111.24, 3111.241, 3111.242,   18,790       

3111.25, 3111.26, 3111.27, 3111.28, 3111.37, 3111.99, 3113.04,     18,791       

3113.07, 3113.21, 3113.211, 3113.212, 3113.213, 3113.215,          18,792       

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,    18,793       

4141.16, 4141.162, 4141.28, 5101.31, 5101.311, 5101.312,           18,794       

5101.322, 5101.324, 5101.37, and 5107.07, and sections 329.043,    18,795       

2301.351, 2301.352, 2301.42, 3111.21, 3113.214, 3115.01, 3115.02,  18,796       

3115.03, 3115.04, 3115.05, 3115.06, 3115.07, 3115.08, 3115.09,     18,798       

3115.10, 3115.11, 3115.12, 3115.13, 3115.14, 3115.15, 3115.16,     18,799       

3115.17, 3115.18, 3115.19, 3115.20, 3115.21, 3115.22, 3115.23,     18,800       

3115.24, 3115.25, 3115.26, 3115.27, 3115.28, 3115.29, 3115.30,     18,801       

3115.31, 3115.32, 3115.33, 3115.34, and 3701.042 of the Revised    18,802       

Code are hereby repealed.                                                       

      Section 3.  The General Assembly recognizes that in certain  18,805       

instances, the wording of this act differs from that of the        18,806       

Uniform Interstate Family Support Act approved by the National     18,807       

Conference of Commissioners on Uniform State Laws.  Any such       18,808       

dissimilarity denotes a technical change or is made to reflect     18,809       

the intent of the Commissioners as expressed in the Comments to    18,810       

the Uniform Interstate Family Support Act.                         18,811       

      Section 4.  Sections 1 through 3 of this act shall take      18,813       

effect January 1, 1998.                                                         

      Section 5.  Section 2301.355 of the Revised Code, which is   18,815       

presented in this act in all capital letters, is revived by this   18,816       

act, and section 5101.323 of the Revised Code, although not        18,817       

presented in this act in all capital letters, is revived in        18,818       

revised form by this act.  Section 5 of Am. Sub. S.B. 292 of the   18,819       

121st General Assembly repealed Section 3 of Am. Sub. S.B. 10 of   18,820       

                                                          450    

                                                                 
the 119th General Assembly, which latter section repealed          18,821       

sections 2301.355 and 5101.323 of the Revised Code effective       18,822       

October 1, 1996.  Section 5 of Am. Sub. S.B. 292, however, did     18,823       

not become effective until November 6, 1996, after the repeal of   18,824       

sections 2301.355 and 5101.323 of the Revised Code by Section 3    18,825       

of Am. Sub. S.B. 10 had taken effect on October 1, 1996.  While    18,826       

legislative intent to retain sections 2301.355 and 5101.323 of     18,827       

the Revised Code is explicit in Section 5 of Am. Sub. S.B. 292,    18,828       

efficacy of the legislative intent is uncertain because Ohio       18,829       

Constitution, Article II, Section 15(D) states that repealed       18,830       

sections may not be revived "unless the new act contains the       18,831       

entire act revived," and sections 2301.355 and 5101.323 of the     18,832       

Revised Code are not set forth in their entirety in Am. Sub. S.B.  18,833       

292.  This act, in confirmation of the legislative intent stated   18,834       

in Section 5 of Am. Sub. S.B. 292, revives section 2301.355 of     18,835       

the Revised Code by setting forth the section in its entirety,     18,836       

and revives section 5101.323 of the Revised Code by setting forth  18,838       

the section in its revised entirety.                                            

      Section 6.  Section 2301.34 of the Revised Code is           18,841       

presented in this act as a composite of the section as amended by  18,842       

both Sub. H.B. 274 and Am. Sub. S.B. 292  of the 121st General     18,843       

Assembly, with the new language of neither of the acts shown in    18,844       

capital letters.  Section 2301.35 of the Revised Code is           18,846       

presented in this act as a composite of the section as amended by  18,847       

Sub. H.B. 274, Sub. H.B. 357, and Am. Sub. S.B. 292 of the 121st   18,848       

General Assembly, with the new language of none of the acts shown  18,849       

in capital letters.  Sections 2919.21 and 2919.231 of the Revised  18,850       

Code are presented in this act as composites of the sections as    18,851       

amended by both Sub. H.B. 274 and Am. Sub. S.B. 269 of the 121st   18,852       

General Assembly, with the new language of neither of the acts     18,853       

shown in capital letters.  Section 3111.99 of the Revised Code is  18,854       

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        18,855       

Assembly, with the new language of neither of the acts shown in    18,856       

                                                          451    

                                                                 
capital letters.  Section 3113.21 of the Revised Code is           18,857       

presented in this act as a composite of the section as amended by  18,858       

both Sub. H.B. 274 and Am. Sub. S.B. 292 of the 121st General      18,859       

Assembly, with the new language of neither of the acts shown in    18,860       

capital letters.  Section 3113.31 of the Revised Code is           18,861       

presented in this act as a composite of the section as amended by  18,862       

both Sub. H.B. 274 and Am. Sub. H.B. 438 of the 121st General      18,863       

Assembly, with the new language of neither of the acts shown in    18,864       

capital letters.  Section 3113.99 of the Revised Code is           18,865       

presented in this act as a composite of the section as amended by  18,866       

both Am. Sub. S.B. 2 and Sub. H.B. 167 of the 121st General        18,867       

Assembly, with the new language of neither of the acts shown in    18,868       

capital letters.  This is in recognition of the principle stated   18,869       

in division (B) of section 1.52 of the Revised Code that such      18,870       

amendments are to be harmonized where not substantively            18,871       

irreconcilable and constitutes a legislative finding that such is  18,872       

the resulting version in effect prior to the effective date of     18,873       

this act.                                                                       

      Section 7.  The Department of Human Services shall conduct   18,875       

a study regarding the efficacy of continuing to impose the         18,876       

processing charge required by division (H) of section 2301.35 of   18,877       

the Revised Code in light of the centralized collection and        18,879       

disbursement system established by this act.  The Department       18,880       

shall file the results of the study with the Governor, the         18,881       

Speaker of the House of Representatives, and the President of the  18,882       

Senate by July 1, 1998.  The study shall include a cost benefit    18,883       

analysis of the costs of collecting the charge as compared to the  18,884       

loss of federal funding that occurs as a result of its             18,885       

collection.  It shall also include a recommendation regarding      18,886       

alternative sources of funding to restore any net loss of funding  18,887       

that would occur if the charge were no longer imposed.             18,888