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
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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
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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
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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
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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
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(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
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(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